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HomeMy WebLinkAbout38-96 Woodard, WarrenPermit Class Permit Number STATE Department of End g Major Issued to authorizing development as requestea4 m drawings, sheets 1-8 of 8 dated 8/11/95 to NCGS 113-229 dated 9/14/95 including attached wor lan This permit, issued on MARCH 15, 1996 ' c compliance with the application (where consistent with the permit), all applicable regulations, special conditi an tes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. (See attached sheet for Additional Conditions) This permit -action may be appealed by the permittee 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 January 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Caroling Coastal Management Program. Signed by the authority of the secretary of DEHNR and the Chairman of the Coastal Resources Commission. Q� Rog�Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. �Jn'ze'�J o-;, Signature of Permittee Warren Woodard 3) 4) 5) 6) 7) 8) 9) 10) 11) Excavation will not exceed 6 feet The temporary placement or wetlands is not authorized. No excavated material will be placed at any waters. Permit #38-96 Page 2 of 3 mean low water (MLW). within waters or vegetated vegetated wetlands or surrounding All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. The terminal end of the pipeline will be positioned at the south end of the disposal area. The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. A water conttol structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of.any wetland area. Warren Woodard ADDITIONAL CONDMONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Seq!PI014iion Control Plan will be required for this project. This plan must be filed at st (30) days prior to the beginning of any land -disturbing activity. Sub plan to Department of Environment, Health and Natural Resources, Land ali � ' , 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be h aution. If, during construction submerged archaeological materials are enopnter , th ttee will immediately cease work and contact the Division of Env iro ent�el M nt; and the Corps of Enginees which will notify the Division of Archives i Omeratio 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Class - Permit Number STATE Department of Env g Major Devi pursuant to -X_ Excavation and/or Concern to NCGS 113-229 Issued to Warren Woodard Route 2 Box 279-C Columbia NC 27925 authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR1219 as requested in the permittee's application dated 9/14/95 including attached workulan drawings, sheets 1-8 of 8 dated 8/11/95. This permit, issued on MARCH 15. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and vnid- Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. (See attached sheet for Additional Conditions) This permi1 action may be appealed by the permittee 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 worst or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on January 31 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. -r -Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Warren Woodard Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double -handling of excavated materials within waters or vegetated wetlands is not authorized. 5) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 6) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 7) The terminal end of the pipeline will be positioned at the south end of the disposal area. 8) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 9) A water conttol structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 11) All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Warren Woodard ADDITIONAL CONDITIONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be undertaken with caution. If, during construction submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Enginees which will notify the Division of Archives and History. Operation 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Permit Class Permit Number STATE Department of Env $ Major Devi pursuant to -X_ Excavation and/or Concern to NCGS 113-229 Issued to Warren Woodard, Route 2, Box 279-C, Columbia, NC 27925 authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR1219 , as requested in the permittee's application dated 9/14/95 including attached workolan drawings, sheets 1-8 of 8 dated 8/11/95. This permit, issued on _ MARCH 15, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. . (See attached sheet for Additional Conditions) This permit —action may be appealed by the permittee 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 hereunderrequires further Departmental approval. All work must cease when the permit expires on January 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. RogerN. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Warren Woodard Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double -handling of excavated materials within waters or vegetated wetlands is not authorized. 5) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 6) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 7) The terminal end of the pipeline will be positioned at the south end of the disposal area. 8) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 9) A water conttol structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 11) All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Warren Woodard ADDITIONAL CONDITIONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be undertaken with caution. If, during construction submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Enginees which will notify the Division of Archives and History. Operation 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures'may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Permit Class Permit Number STATE Department of Env g Major Devi putsuantto -X Excavation and/or Resources Concern - 4ugrn v�o`o,- to NCGS 113-229 Issued to Warren Woodard. Route 2 Box 279-C Columbia. NC 27925 authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR1219 , as requested in the pennittee's application dated 9/14/95 includin 7 attached workulan drawings, sheets 1-8 of 8 dated 8/11/95.' This permit, issued on _MARCH 15, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal untilall excavation on both sidesof the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. (See attached sheet for Additional Conditions) This Permit -action may be appealed by the permime 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 hereunderrequires further Departmental approval. All work must cease when the permit expires on January 31. 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Warren Woodard Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double -handling of excavated materials within waters or vegetated wetlands is not authorized. 5) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 6) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 7) The terminal end of the pipeline will be positioned at the south end of the disposal area. 8) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 9) A water conttol structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 11) All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. V 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Warren Woodard ADDITIONAL CONDITIONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this . plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be undertaken with caution. If, during construction submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Enginees which will notify the Division of Archives and History. Operation 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility. to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. ` 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Permit Class 2ND RENEWAL MAINTENANCE 5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit 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 Permit Number 38-96 Issued to Warren Woodard Route 2, Box 279-C, Columbia, NC 27925 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR 1219 as requested in the permittee's application dated letter dated 12ii 1 /01 This permit, issued on December 18.2001 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation of these terms mnv De subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Clause 1) The Division of Coastal Management, Washington District Office, shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this -permit, and such notification shall include: A. The number of the original permit: B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior Io the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. (See attached sheet for Additional Conditions) ants pemut action may oe appeaiea by me penmttee 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 projectmodification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2006 In issuing thi's 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 DENR and the Chairman of the Coastal Resources Commission. Donna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 11, 1996 Regulatory Branch Action ID No. 199601104 and State Permit No. 38-96 Warren Woodard Route 2, Box 279-C Columbia, North Carolina 27925 Dear Mr. Woodard: Reference your application for a Department of the Army (DA) permit to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks, on your property located off State Road 1219 (Dewey Pier Road), adjacent the Albemarle Sound, near Columbia, Tyrrell County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 U.S. Fish and Wildlife service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 REIECEIVEO APR 241996 COASTAL MANAGEMENT RECEIVED MEMORANDUM MAR 1 7 2004 TO: Doug Huggett C"r s6^ AV.QF THROUGH: Terry Moore y�vp� r�� 1 FROM: Kelly Spiv DATE: 15 March 2004 SUBJECT: Transfer of CAMA Permit No. 38-96 ,&om Warren Woodard to Lilias J. Morrison and Jennifer J. Frost Tyrrell County Albemarle Sound Permit number 38-96 was issued to the Mr. Warren Woodard on 15 March 1996 for the excavation of a canal, excavation of a basin, construction of boat ramp and construction of associated docks off SR 1219 on the Albemarle Sound near Columbia in Tyrrell County, North Carolina. All the permitted activity has been conducted. However, a maintenance excavation clause was added to the permit on 18 December 2001. Ms. Lilias J. Morrison and Ms. Jennifer J. Frost purchased the property from Mr. Woodard's widow, Ms. Norma C. Woodard and son, Jason Warren Woodard. Attached is a letter, deed and copy of a $ 100.00 check from Frost and Morrison who are the new owners. Ms. Morrison and Ms. Frost are requesting that CAMA Major Permit No. 38-96, which expires 31 December 2006, be transferred to them. Also attached is a letter from Ms. Faye Woodard dated 3 March 2004 requesting to transfer CAMA Major Permit No.38-96 from Mr. Warren Woodard to Ms. Lilias J. Morrison and Ms. Jennifer J. Frost. I recommend that the permit be transferred to Ms. Lilias 1. Morrison and Ms. Jennifer J. Frost. All conditions and modifications as listed on the 18 December 2001 renewal/maintenance clause should be included in the new transfer. ATTACHMENTS cc: Charles Jones, Director, DCM Raleigh Bland, USACOE MAR-10-2004 11:35 PM P.01 March 3, 2004 Mr. Kelly Spivey NC Dept. of Environment and Natural Resources NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Re: Permit #39-96 (Warren Woodard) Dear Mr. Spivey: You are hereby requested to transfer the above referenced Permit to Lilias J. Morrison and Jennifer J. Frost: The property on which said permit is attached was transferred to same on November 30, 2003. I have attached a check for the requested fee of $100.00. Your assistance in expediting this matter will be greatly appreciated. Sincerely,' Faye Woodard Enc. 03/10/04 WED 11:44 [T%/R% NO 98691 aOO1 LILIAS J. MORRISON PO BOX 8309 DUCK, NC 27949 February 20, 2004 Mr. Terry Moore MC Dept. of Environmental & Natural Resources & Coastal Resources Commission 943 Washington Square Mall Washington, NC 27889 RE: Permit #38-96 Dear Mr. Moore, Please find enclosed a copy of the permit issued to Warren Woodard for Major Development in an area of Environmental Concern and Excavation and/or filling. Also enclosed is a copy of the deed showing this property was sold to Lilias J. Morrison and Jennifer J. Frost on November 20, 2003. I am requesting the name of the Permit to be changed to the new owners, Lilias J. Morrison and Jennifer J. Frost. If you have any questions, please call meat (800) 261-2181. Thank you for your attention to this matter. Sincerely, r•. I ��; oi�r�. ^ Lilias J. Morrison STATE OF NORTH CAROLINA COUNTY OF TYRRELL I, Mozella S. Rougnton, Notary Public for said county and state, do hereby certify that Norma C. Woodard, widow, and Jason Warren Woodard, unmarried, this day personally appeared before me and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official seal, this rhea 0 day of November, 2003. ry Publi My Commission Expires: 10-24-00 Nota ornau SUL h _ TyrrEA Caw# MOZELLA & ROUGHTON N3TRP.Y KOM NORTH CAROL_\A_ TYRP.ELL COb.N'TY The foregoing certz_=cite of '_-:ozella 3 Rouchton, a Notary Public of Tyrrell County-, North Carolina is certified to be correct. This instrument was presented for registration and duly recorded in this office in Book 198 Pace 40. This the 21st dal- of November, 2003 at 9:30 o'clock A.M. Llr\ 0 Y 0 KKK . OC (1! n wv� n 1 n e7 Lfl \`Register of Deeds—� TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging,.to the said Grantee, their heirs and assigns, in fee simple, to their only use and behoof forever, as joint tenants with the right of survivorshic. a AND the said Grantor, for themselves and their heir, executors and administrators, covenant with said Grantee, their heirs and assigns, that they are seized of said premises in fee and have perfect right to convey in fee simple, that the same are free and clear from all encumbrances, and that they do hereby forever warrant and will forever defend the said title to the same against the claims of all persons whomsoever. Title to the property hereinabove described is subject to the following exceptions: I. Noncompliance with local, county, state or federal government laws, ordinances, or regulations relative to zoning, subdivision, environmental ma-ers or nontoxic and toxic wastes, occupancy, use, construction or the development of the subject property. 2. Ad valorem taxes due the county of Tyrrell, if any. 3. Rights of others, if any, to drain by. and through ditches and canals located adjacent to or upon lands herein conveyed. The Grantee, by their acceptance and recordation of this deed, contract one with the other that they will hold title as joint tenants with the right of survivorship. The Grantee further acknowledge the receipt of adequate consideration to sustain this contract of survivorship. IN TESTIMONY WHEREOF, the said Grantor have hereunto set their hands and seals, the day and year first above written. Norma C. Woodard (SEAL) Jason Warren Woodard FILED in TYWEIL County. NC es Nov 21 20M at 093010 AM byf Ceivia L kwiml Rutter of Deeds WOK 198 PAGE 40 „_.u6 STWFS PAID r* q�0°° PREPARED BY: Charles W. Ogletree Attorney A- Law P. O. BOX 510 Columbia NC 27925 NORTH CAROLIN=, YRRELL CO'UN-Y p Issued Nov 21 2003 t L7DO.rn cat Csudy y� Northh Caro6�e t5 Real Estate Excise Tax THIS DEED, made and en -erect into tnis the 20th day of November, 2003, by NORMA C. WOODARD, widow, and JASON WARREN WOODARD, unmarried, hereinafter alleo Grantor co LILIAS J. MORRISON and JENNIFER J. FROST, of P. O. Box 8309, Duck, NC 27949, as joint tenan- with the right of survivorship, hereinafter called Grantee THAT said G-antor, for and in consideration of the sum of Ten & No11OO (SiO.DO) Dollars and other good and valuable considerations to them paid by Grantee, the re eipt of which is hereby acknowledged have bargained and sold, and by -nese presents do grant bargain, sell and convey to said Grantee, their heirs and assigns, in fee simple. rhose ca: min tra__ or parcels of tano in Columbia Township, Tyrrell County. North Carolina, and more particularly described and bounded as follows, .,li that ce, pia t act of ;ant lying in Columbia Towrsnip. Tyrrell Counry, North Carolina, bounded on the East by state Route 1218, on the South by Reynolds, Bnckhouse ar �:: Moms, on by Cnaplin. Snell anc McDonald, on the Noah by .loemarle Sound arrt more pamculariy shown on the plat prepared by Styons Surveying Services en -icier "WOODAPD PROPERTY IN TYRRELL COUNTY, SURVEYED FOR SCUPPERNONG GROUP LL1' bearing the date of 5-29-03 and File No. 03-C38, and being recorded in Pia- Canine-, C. at Slice i? a , in the Of f Ice of the Regster of Deeds of Tell County. The pla- is inzombrated herein by re7erence. This conveyance Includes the Dbrr o:-.Z bf ,..-,_ i^ wate-co'Jr-�eS, creeks canal- and basins Within -nc bounbarles 7e ::rube : nereir above. Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANTS a. Landowner: Name Warren Woodard Address Route 2, Box 279-C City Columbia State NC b. City, town, community or landmark c. Street address or secondary road number off SR 1209 d. Is proposed work within city limits or planning jurisdiction? Yes Y_ No e. Name of body of water nearest project (e.g.. river, creek, sound, bay) Albemarle Sound Zip 27925 Day Phone 919-796-2471 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address _Constnict hnat hacin w/fiial ,nil City State availiability and some marine supplies. Also contruct boat ramp and construct dock. Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Rnth Fax - _ c. Will the project be for public, private or commercial c. Project name (if.any) Warren Woodard use? Commercial - d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NoiE. Penr* xdlt be Used 1e M of lmndowner(s), andior project. If more space is needed, please attach additional pages. The marina will serve projeaname. local crabbers —and fisherman and some recreational fisherman: Tt will he manned daily and be constructed with 2. LOCATION OF PROPOSED dragline, backhoe and hydraulic dredge. PROJECT a. County Zzixrell n------ A MLK Form DCM-MF-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 33 b. Size of individual lot(s) TT.14 c. .Approximate elevation .of tract above. MHW or NWL 2.5' - d.. Soil type(s) and texture(s) of tract stntp nhd Altnui aYn Cnilg e. Vegetation on tract Maple; Gum; Pi nP; $chub. f. Man-made features now on tract None g. What is the .CAMA :Land Use Plan land classification of &dI te? (6idr d, toms im'd we plm ) Conservation X Transitional - Developed Community Rural Other h. How is the tract zoned by local government? No zoning L Is the proposed project consistent with the applicable zoning? Yes No (Aral zoning conriiaoee 'cerdficnre, fjapplimbie) . j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or . does it involve a National Register listed or eligible property? Yes No 1. Are there wetlands on the site? _x Yes _ No Coastal (marsh) Other X If yes, has a delineation been conducted? yes ..(Adach doaunenwdon, tfawilabk) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down' and residential discharges.) N/A o. DN Tribe existing drinking water supply source. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said 'pioperty, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2' by 11' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. ' (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Colon Snell Address_ Rt. 2, Columbia, NC 27925 Phone 919-796-1138 Name NC Tnant _ of TrnnspQrtati on Address_ PO Box 928, Plymouth, NC 27962 Phone 919-793-2211 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant; and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 14 day of September Ig 95 Print Name /d /= e/ l o d . �- Signature 1,/'.,.., . l� Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information —X- DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment w the space provided at the bottom of each form. Revised 03/95 � A Form DCM-MP-2 _ EXCAVATION.:. A'ND.--'F1LL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l- . -Be sure to complete all ._ _ _ .1. EXCAVATION _ other -sections of the Joint Application that relate to this proposed project. a Amount of material to be excavated from glow Describe below the purpose of.proposed excavation or MHW or NWL in cubic yards 912d 5yds _ :. ------- fill activities. All values to be given in, feet. b. _ Type of material to _be excavated. sediment and Access channel (MLw) or (NWL) Canal Boat basin Boat ramp Rock groin - Rock breakwater Other (Excluding -' ahon:luw stabiliu[ion) Average FSnal Fasting Project Length - .: Width .:._ . Depth Depth 225' 20± 3.5' 6,,,p�+ 150' 23:'•+ 0.5' '6.0± 275' 205' N/A MAX.- MAX. 25' ' , 16'. . '..N/A 5X'+ N/A N/A� N/A N/A N/A N/A N/A N/A gandy�] ay 1 team sal i c. Does the area to be excavated include coastal wetlands (marsh),' submerged ' aquatic'.vegetation " (SAVs) or other wetlands? X=- Yes No d. Highground excavation in cubic yards 3R a'n Z 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area on existing cropland fields b. Dimensions of disposal area Annrnx _ 2LQ x 520' (larger upland disposal area ayailiabla) c. Do you claim title to disposal area? _ Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes, where? adjacent—crcropland fields e Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes x_ No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead . Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during, preceding 12 months (Source of Wormafion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) N/A a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area (2) Purpose of fill S. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? vegetation will ha established as material allows b. What type of construction equipment will be used (for ,example, dragline, backhoe, or hydraulic dredge)? Backhoe/Dragline and hydraulic dredge c. Will wetlands be cr3ssed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Warren Woodard Applicant or Projeet nName signature Date Revised 03/95 Form DCM=MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed contained fuPl storage and mobile home office. b. Number of lots or parcels N/A c. Density (give the number of residential units and the units per acre) ' N/A d. Size of area to be graded, including roads, ditches, etc. filled or disturbed 2.3 ac. e. If the proposed project will disturb more. than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. if applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Marl g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular, driveways or parking. 0 h. Projects that require a`CAMA Major Development Permit may also require a Storm water Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes ' X No If yes, date submitted i. Describe proposed method of sewage disposal. septic tank and drain field j. Have the facilities described_ in Item i. above received state or local approval? N/A (Attach appropriate downwn mion) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). surface runoff 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) — _ well m. Will water be impounded? If yes, how many acres? _ Yes _ X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? M/q _Warren Woodard Ap �� t o��Project liame Signature Date Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) X Commercial _Community _ Private (2) Number 2 (3) Length 75�s' (4) Width b' (5) Finger Piers _ Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes X No - (i) Number (ii) Length (iii) Width (7) Number of slips proposed 5 (8) Proximity of structure to adjacent riparian property lines 2640' 1 (9) Width of water body manmade basin (10) Water depth at waterward end of pier' at MLW or NWL Proposed-C ' b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from NEW, NWL or wetlands (3) Maximum distance beyond MEW, NWL or wetlands e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance . buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, moorin ilia s etc.) (1) —2L Commercial _Community _ Private .(2) Number 12 (3) Length (4) . Width g. Other (Give ronplete description) Warren Woodard Appritant or Project Name Signature I noa�oa mmc Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major g. Typical boat length 16' to 40' Permit, Form DCM-MP-1. Be sure to complete all , other sections of the Joint Application that relate to this h. Maximum boat length 40 proposed project. - - i. Are any floating structures planned? No If so, describe .. , 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. X _ Commercial X Public _ Residential b. Will the marina be open to the general public? X yes No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? N/A d. Check all of the types of services to be provided. Full service, including travel lift and/or rail X Dockage, fuel, and marine supplies X Dockage ("wet slips") only Number of slips 25 -30 N/A— Dry storagge� Number of boats N/A I Boat ramps) Other (describe) e. Check below the proposed type of siting. X band cut and access channel -3 Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). runabouts 2. MARINA OPERATIONS a. Check each of the following sanitary:facilities that will be included in the proposed project. X Office toilets Toilets for patrons Number 1 Location office (mobile home) no Showers nn Boat holding tank pumpout . _..-- Type and location b. Describe treatment type and disposal location for all sanitary wastewater. septic tank -for office mobile home Describe the disposal of solid waste, fish offal and trash disposal. carried off site d. How will overboard discharge of sewage from boats be controlled? "NO SEWAGE DISCHARGE" Signs placed around dockage e. Give the location and number of "No Sewage Discharge" signs proposed. Every 100' around dockage area v.a..d R11" Form DCM-MP-6 f. Describe the special design, if applicable, for o. Is the marina proposed. within a .primary or containing industrial type pollutants, such as paint, secondary nursery area? Yes_ No sandblasting waste and petroleum products N/A p Is the. marina proposed within an area --open to ;` L _shellfish harvestmg ► Yes q... Give 'the; location and number of "Pumpout Available" signs proposed.- / g.' Where will residue from vessel maintenance be dispose, of? carried off ,site by boat �" Pr .Warren :Woodard - App"t or Project N h. Give the number of 'channel markers -and "No s�gmaue Wake" signs proposed. i. Give the location of fuel -handling facilities, and Date describe -the safety measures planned to protect area -waterauality. `See containment ,structure - j. -Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. somewhat r-irc^„ lar rksigzi of — basin to prevailing winds k.. What will be the marina policy on overnight and _lire board dockage? nnnP al l rl 1., Is the proposed marina.located near any shellfish leases? Yes v No If yes, give the name and address of the leaseholder. M. If this project is -an expansion of an existing marina, hat types of services are currently provided? n. How many slips are now available? nnnc Revised 03195 fIL6FMARLE 51-rE sa ND E 504Np W 00bfm Q_ W[=TD 12 f� �yrST�NG IZma pEpra Y/4!N/ /ilt7P a �, n� l mstr�,y �N� .5o/Ns s�/tEr2 e7F TY o �z fl . � \ Wt1aDs 2 x C, D b ��.//SrIrIG pEprH - CDrinR�Nt� - m < 5 4 t ✓�� O " _ real- � Lu —praL .57 ORJ36E t3 . JPO LL p/L� W �. Pump w I - SG9t E / =50 �t2� \O 0 . RAMP AD.TO,-Etfi Fpopaew 2b40� 7'0 'o ow vEe ALTRcENT avvwEx .: FIELDS a F?KvPOsED UN + o 2,0 1 O 51, v Q J o ea7. ELEV, J h I FRoM N,b✓�c- i 14, 0 Q � SHEET J aF WAP-,kCN VAIObbA£0 _ PLLn�'eiSED "-' � '� /�✓G, G,G. 6CEV 2�$, �oRT QRS/N' 3960" -712-1- /QNb I fiDJFtLENt PROVER7'Y RCCESS GNANN6L �wNE�e 7Y22ELL Cd. N r- 8 /< 9,S- T5'nicAE SEcTion! SioE v iEW ib X255�A8 .. eor da,vr olls.N - i a'. t z o 'ngv. ,qVG. G� 2 Wk agN Woo9A" PKoPoSEO 8019T 6FlS1N AND ACCESS cHRaN�L Ty"-ML N.C. U �S=I37d�S 5?pca -7/Y/737 0t/S' - r/vrl�ss W7idA4 0 M CF1�6ifiL' --GLEAN -OUT 41 SPOIL -.41ZOM C-qA1I?Z- C-LE,9A1-,Oar Z9 ZE -ryAAtsP,o4ra7j 75 ZIPLRIW DI-5,405AL- t- - - i7P/cA� c2os5-S��o� Access C11/1A0lE1-- i •wn"&--x/ woovAev PRopzED Boar BflS/,V F1N0 F1CCrc< C,11ANNtZ-. �/IDt71.. Czq; N,C; V// Ar -7b / /// I '7%Y '07 '7'►za if 7;In^r6/N'Z7 5.r7-Z7 y aA(& "/serA ltiou cRsodobd d bp(TaoM hgmlA .79oma wOY-/ 9dla/ a^�CfnSIO O-C of / 37N7S �00/ y7!!O o'z 4- R, o'Z+ of Z i o R t0 0 yloy� V_:77t/ 7lOds O'Z 0 AlyTGL�"�3ttiM a'O.d N/Sy�Y ' oL o•Z+ 23si� ; Noy � NISV}3 1No9 QgrodO�ld 0 / plGAG SEGT/Dn! SPO/L/ /a2EA F&M NYD2Auac 2))PIED69 SGALE 200 ' Rome i Z.0 ` i 24. coR,C, /�ten4t, PI?� 0/su,!per Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: I' Name Warren Woodard Address Route 2, Box 2797C City Columbia - '-State NC - Zip 27925 Day Phone 919-796-2471 Fax b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name. (if any) Warren Woodard NOM Pendr will be irtued in n ojlmdow (r), and/or profed #!aM. 2. LOCATION OF PROPOSED PROJECT a. County Z�rrell b. City, town, community or landmark c. Street address or secondary road number off SR 1209 d. Is proposed work within'city limits or planning jurisdiction? Yes Y No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Albemarle Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a.. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Also contruct boat ramp and .construct dock. b. Is the proposed activity maintenance of an existing _ project, new work, or both? Rnth c. Will the project be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The marina will serve local crabbers a rid fisherman and some rPcraational fisherman: Tt will ha manned daily and be constructed with dragline, backhoe and hydraulic dredge. Revised 03/95' Form DCM-MP-I 4. LAND AND WATER CHARACTERISTICS a.'- Size of entire tract 33 -- b. Size of indrvtdual lot(s) ' N/e c. , Approximate elevation of tract above. MHW or NWL ' 2.5' d.. Soil type(s),and texture(s) of tract Store ohd Al tavict-n Spilg e. Vegetation on tract Made; im; Pi nP; Scrub, f. Man-made features now on tract None g. What is the CAMA Land Use Plan land `classification of the"site? edai die loaar'tmd a ePfmL) Conservation X Transitional Developed-- Community Rural Other h. How is the tract zoned by local government? No zoning -i. Is -the proposed project consistent with the applicable zoning? Yes No (Azad' zoning c+onvUm m wrdfiaare, iiappnmbte) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District. or does it involve a National Register listed or eligible property? Yes No. 1. Are there wedands.on the site? • Sr Yes _ _ No Coastal (marsh). Other X - If yes, has a.delineation been conducted? yes --(Aaachdommmation; (ra%Wabla) . m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) N/A o. Desyyttibe.existing drinking water supply source. N/A.. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items" must be submitted: • A copy. of the deed (with state application only) Or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said 'property, then forward a copy of the deed or other instrument under which the, owner claims tide, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/20 by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant.,-- -(Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and' it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-I site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Colon Snell Address Rt. 2, Columbia, NC 27925 Phone 919-796-1138 Name NC Dept. of Transportation Address — PO Box 928. Plymouth, NC 27962 Phone 919-793-2211 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 14 day of September Ig 95 Print Name !-'44 ^ - c Signature Ladowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information .y DCM MP-3 Upland Development X DCM W-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION:` AND F.ILi( bridges and culverts)` Attacb this form to Joint Application for CAM —A Major Permit, Form DCM-MP-I. Be sure to complete all I. EXCAVATION other sections of the Joirit.Application that relate to this proposed.project.__ a. Describe below the purpose, of proposed excavation or fill activities. All values to be given in feet. b. Access channel --(MLW) or`(NWL) Canal •'-'boat basin Boat ramp Rock groin - Rock - - - - breakwater Other (Excluding --shoreline . v stabilization) Average . Final Esisttng,'-' PrOJect_ L¢- 'eucarti nMnth _..DenW >, Si' . 150.,_.. _.23.,±. 0-.5'.. 0± 275' 205' N/A " R0'+ 25' = 16' N/A '.5:0'+ N/A N/A r N/A N/A N/A N/A N/A N/A Amount of material to be excavated from blow MHW or NWL in cubic yards :911z35yds- Type of material to be excavated sediment and sandy r,]� 1 nam coil c c.•, Does, the, to be excavated include coastal wetlands (marsh); submerged aquatic vegetation_ (SAVs) or other wetlands?- X__ Yes = No d. Highground excavation in cubic yards 3� 3 L A DISPOSAL OF EXCAVATED MATERIAL - a. Location of disposal area on existing cropland fields b. Dimensions of disposal area -Apprnx _ 260' v 520' ilareer upland disposal area ayailiablal c. Do you claim title to disposal. area? X Yes _No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No If yes,whece?adjacent.cropland fields Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance water -ward of MHW or NWL If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area _ (2) Purpose of fill 5. GENERAL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) N/A a. Will fill material be brought to site? Yes x_ No a. How will excavated or fill material be kept on site and erosion controlled? vegetation wi 11 he established as material allows b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe/Dragline and hydraulic dredge c. Will wetlands be cr,ssed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Warren Woodarc Appl[rmt or Project Name 11 / i Signature Date Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed contained fuel storage and mobile home office. b. Number of lots or parcels N/A c. Density (give the number of residential units and the units per acre) N/A d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 2.3 ac. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. septic tank and drain field k. Have the facilities described in Item i. above received state or local approval? m/A (Attach appropriate documentation) Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). surface runoff Describe proposed drinking water supply source (e.g. well, community, public system, etc.) well in. Will water be impounded? _ Yes If yes, how many acres? X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Marren Woodard App�nl or Project �amev Signature Date Revised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) X Commercial _Community _ Private (2) Number 2 (3) Length 50 (4) Width �' lo' (5) Finger Piers _ Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 5 (8) Proximity of structure to adjacent riparian property lines 2640' (9) Width of water body manmade basin (10) Water depth at waterward end of pier at MLW or NWL proposed-(O b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, moorin ilin�etc.) (1) X Commercial _Community _ Private (2) Number 12 (3) Length (4) Width g. Other (Give wnpleie dercripdon) Warren Woodard Applicant or Project Name/. Signature /L &2-4y Date Rnvima MAX Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. MARINA CHARACTERISTICS a. Check below the -type of marina proposed. X Commercial X Public _ Residential b. Will the marina be open to the general public? X yes No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? N/A d. Check all of the types of services to be provided. Full service, including travel lift and/or rail X Dockage,, fuel, and marine supplies X Dockage ("wet slips") only Number of slips 25 -30 T\T / A — Dry storage Number of boats NSA 1 Boat ramp(s) Other (describe) e. Check below the proposed type of siting. X Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required - Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). runabouts g. Typical boat length 16' to 40' h. Maximum boat length 40' i. Are any floating structures planned? No If so, describe 4 2. - MARINA OPERATIONS a. Check each of the following sanitary: facilities that will be included in the proposed project. X Office toilets Toilets for patrons Number 1 Location office (mobile home) no Showers no . Boat holding tank pumpout Type and location b. Describe treatment type and disposal location for all ssaanmitary wastewater. septic tank for ottice mobile home c._ Describe the disposal of solid waste, fish offal and trash disposal. carried off site d. How will overboard discharge of sewage from boats be controlled? "NO SEWAGE DISCHARGE" Signs placed around dockage e. Give the location and number of "No Sewage Discharge" signs proposed. Every 100' around dockage area Revised 03195 Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposes of? carried off site by boat h. Give the number of channel markers and "No Wake" signs proposed. 1 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. See Drawing (rnnr hi n,kp contairnent structure) j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. somewhat ri rrnl ar design of basin to prevailing winds k. What will be the marina policy on overnight and live -board dockage? none al l nwer9 L Is the proposed marina located near any shellfish leases? Yes Y No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, �Atypes of services are currently provided? n. How many slips are now available? nnno o. Is the marina proposed within a primary or secondary nursery area? Yes y No P. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and number of "Pumpout Available" signs proposed. // Warren Woodard t or Project N" ftnature p Date Revised 03/95 O a ALBEMR/2LE IiL.C�EM/4 {i j.r: - .. • ' $ i'j� SOUND SO4 NP V.9 OO DEU p. 12 N _.,�}5�♦ 57�NL fir' pEptN IZI(c V / G /N/rf /i1t9P a � M 1� M/fTV! L./NE. 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METAL rlpE O/scylaeF Vail iit Class Pamit Number STATE Department of Env -X Major Devi pursuantto -X- Excavation and/or Issued to QUAM m Concern to NCGS 113-229 authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR1219 as requested in the permittee's application dated 9/14/95 includine attached workplan drawings, sheets 1-8 of 8 dated 8/11/95. This Permit, issued on MARCH 15, 1996 with the permit), all applicable regulations, special condis subject to compliance with the application (where consistent itions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. (See attached sheet for Additional Conditions) This permit -action may be appealed by the permittee 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 hereundermquirrs frutherDeparnnental approval. All work must cease when the permit expires on January 31 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Warren Woodard Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double -handling of excavated materials within waters or vegetated wetlands is not authorized. 5) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 6) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 7) The terminal end of the pipeline will be positioned at the south end of the disposal area. 8) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 9) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 11) All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Warren Woodard ADDITIONAL CONDITIONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be undertaken with caution. If, during construction submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Enginees which will notify the Division of Archives and History. Operation 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Permit Class Permit Number STATE Department of Env g Major Dev( pursuant to -X- Excavation Concern =�iats�-max to NCGS 113-229 Issued to Warren Woodard Route 2 Box 279-C Columbia NC 27925 authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR1219 , as requested in the perminee's application dated 9/14/95 including attached workman drawings, sheets 1-8 of 8 dated 8/11/95. This permit, issued on MARCH 15, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. (See attached sheet for Additional Conditions) This permit_action may be appealed by the permittee 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 hereunderrequires further Departmental approval. All work must cease when the permit expires on January 31 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. t�Q Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Warren Woodard Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double -handling of excavated materials within waters or vegetated wetlands is not authorized. 5) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 6) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 7) The terminal end of the pipeline will be positioned at the south end of the disposal area. 8) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 9) A water conttol structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 11) All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Warren Woodard ADDITIONAL CONDPI'IONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be undertaken with caution. If, during construction submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Enginees which will notify the Division of Archives and History. Operation 15) ' Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. «., Permit Number STATE g Major Devi pursuant to g Excavation and/or QUAM V; Concern to NCGS 113-229 Issued to Warren Woodard, Route 2, Box 279-C, Columbia, NC 27925 authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR1219 , as requested in the permittee's application dated 9/14/95 including attached workrlan drawings, sheets 1-8 of 8 dated 8/11/95. This permit, issued on MARCH 15, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. b) Excavation for the channel in the Sound may not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. (See attached sheet for Additional Conditions) This permit_action may be appealed by the permittee 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 hereunderrequires further Departmental approval. All work must cease when the permit expires on January 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Warren Woodard Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4) The temporary placement or double -handling of excavated materials within waters or vegetated wetlands is not authorized. 5) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 6) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 7) The terminal end of the pipeline will be positioned at the south end of the disposal area. 8) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 9) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 11) Ali spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management authorized this project on January 30, 1996 under General Water Quality Certification No. 3025. General 13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Warren Woodard ADDITIONAL CONDITIONS Permit #38-96 Page 3 of 3 NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 1425 Carolina Avenue, Washington, NC 27889. NOTE: The project should be undertaken with caution. If, during construction submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Enginees which will notify the Division of Archives and History. Operation 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service boats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 21, 1996 Mr. Warren Woodard Route 2, Box 279-Cs Way Columbia, NC 27925 Dear Sir: 1\1LX•: • �EHNF=1 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John . Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50`%,recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary /, ."Al �EHNF1 DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 20, 1996 LETTER OF APPROVAL Mr. Warren Woodard Route 2, Box 279-C Columbia, North Carolina 27925 p RE: Erosion and Sedimentation Control Plan Woodard Marina MARUU jpk. SR 1218 - Tyrrell County OWN"EMEKj Date Received: February 29, 1996 Responsible Party: Warren Woodard Dear Mr. Woodard: This office has completed its review of the erosion and sedimentation control plan for the referenced 3.1 acre disturbance. We find the plan for the upland features of the marina (dike, roads and parking areas) to be acceptable and hereby issue this LETTER OF APPROVAL WITH the following MODIFICATION. In order to meet the mandatory standards on slope stability and to insure that we agree on the proposed slope angle for the disposal dike, this office interprets your proposed ratio of a 1/2:1 slope to mean 2 horizontal : 1 vertical. The Sedimentation Pollution Control Act (copy available upon request) established a program requiring a project owner or developer to protect adjoining natural resources and properties, both during and after construction, from the effects of accelerated erosion. This program is performance oriented. It is your responsibility to understand and comply with the requirements of the Act. In addition to any listed modifications or conditions, the following also apply to the approved plan: -- an erosion and sedimentation control plan is only valid for 3 years following the date of 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946.6481 FAX 919-975-3716 An Equal Opportunity Affrmative Action Employer 50%recycled/10%post-consumer paper .✓ Mr. Warren Woodard March 20, 1996 Page 2 initial approval, if no land -disturbing activity has been undertaken; -- a copy of the latest approved soil erosion and control plan must be on file at the job site; -- a buffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacent property or watercourse; -- new or affected slopes must be at an angle that can be retained by vegetative cover; -- barren slopes must be provided with a ground cover sufficient to restrain erosion within 30 working days of completion of any phase (rough or final) of grading (RYE GRASS IS NOT in the approved seeding specifications nor is it an ACCEPTABLE substitute for the providing of a ground cover); -- a permanent ground cover, sufficient to restrain erosion, must be provided within the shorter of 30 working or 120 calendar days after completion of construction or development; and - -- this approval is not automatically transferred with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If the,implemented plan is determined to be inadequate, this office may require.that it be revised to comply with state law. Failure to comply with any part of the approved plan or with any requirements of this program, could result in the taking of appropriate legal action against the financially responsible party (Warren Woodard). One option is the assessing of a civil penalty of up to $500 per day for each day the site is Put of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. It would be appreciated if you would contact this office to let Harry Bailey know the date of construction start-up and the date of the preconstruction conference. The land -disturbing activity described in this plan may require approval or permitting from other Federal, State or local agencies. These could include the U.S. Army Corps of Engineers Mr. Warren Woodard March 20, 1996 Page 3 under Article 404 jurisdiction, the Division of Environmental Management under water quality regulations (contact Bill Moore, 919-946-6481, Ext. 264), county, city or town agencies under other local ordinances, or other approvals that may be required. This approval cannot supersede any other approval or permit. Sincerely, Patrick H. McClain, P.E. Assistant Regional Engineer PHM:pm Enclosure cc: John R. Parker, Division of Coastal Management Terry Moore, WaRO - Division of Coastal Management ✓� ~• DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Warren Woodard 2. LOCATION OF PROJECT SITE: Tyrrell County off SR 1219 (Dewey Pier Road) on Albemarle Sound near Columbia Photo Index - 1989: 1-62-13; I-15,J-14,J-15,K-15,K-14 1984: 101-954; F-13,G-12,G-13,H-12 State Plane Coordinates - X: 2,824,000 Y: 824,800 Columbia East Quad. (upper left comer) 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/08/95 11/01/95 07/10/95 Was Applicant Present - NO NO YES 5. PROCESSING PROCEDURE: Application Received - 12/04/95 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Tyrrell County Land Classification From LUP - Limited Transition (Land) Conservation (Wetlands) (B) AEC(s) Involved: PTA,EW,ES (C) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Septic tank with drain field (F) Type of Structures: Existing - None Planned - Trailer, docks, boatramp, fuel tanks and pumps (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ±805 ftz 404 designated wetlands (B) Non -Vegetated Wetlands ±7,950 ftz Sound bottom / canal maintenance (C) Other ±36,000 ft2 Uplands (D) Total Area Disturbed: 2.6 acres (E) Primary Nursery Area: NO (F) Water Classification: SB Open: I 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal and construct a boatramp and docks on the new basin. Warren Woodard Tyrrell County Project Setting The project site is a ±33 acre farm located adjacent SR 1219 (Dewey Pier Road) on Albemarle Sound near Roper in Washington County, North Carolina. The property is ±5,280' long adjacent Albemarle Sound and is bordered on the upstream (west) side by wooded wetlands which give way to existing agriculture fields as you move away from the sound. The property is bordered on the downstream (east) side by SR 1219 which runs to the normal water level of Albemarle Sound. The project site will be centered along the applicant's shoreline at the location of an existing manmade canal. The existing manmade canal is approximately 23' wide and 150' long and terminates at the landward edge of the wooded wetlands. The wooded wetlands are dominated by cypress and gum with various vines and shrubs as undergrowth. The head of the manmade canal intersects the comer of an existing agriculture field which has 4' wide drainage ditches around the perimeter. The unplowed portions of the agricultural fields are vegetated with various upland grasses. The head of the canal has filled in and has become vegetated with various species of wetland plants. This area has been delineated as 404 wetlands by the US Army Corps of Engineers. The mouth of the existing canal is plugged with a sandbar which is above the normal water level. An existing ±15' wide spoil bank runs along the east side of the manmade canal from the agriculture field to within ±15' of Albemarle Sound. The elevation of the tract is ±2.5' above the normal water level. The measured water depth at 200' offshore of the canal mouth is 7' below the normal water level. Albemarle Sound is classified as SB by the Environmental Management Commission. Albemarle Sound at the project site is coastal water but is not open to shellfishing. Project description The applicant proposes to excavate a 20' wide by 225' long by -6' access channel from the mouth of the existing canal out into Albemarle Sound using a hydraulic dredge. A 100' by 200' (inside dimensions) diked disposal area is proposed to be constructed in the existing agriculture field. The outlet is proposed to be placed in the upper end of the proposed basin. A 6' free board is proposed for the diked disposal area giving it a volume of ±4,444.4 cubic yards. The proposed channel involves the removal of ±416.6 cubic yards of sand. The existing ±23' wide by ±150' long manmade canal is proposed to be maintained to a finished depth of -6' below the normal water level. The applicant proposes to undertake the maintenance excavation using a backhoe or dragline working on mats off the existing adjacent spoil bank. The new spoil will be trucked to the existing agriculture field and stockpiled for drying in preparation of spreading in the existing fields. The applicant proposes to excavate a basin at the upstream end of the existing canal in his existing agricultural field. The basin averages 160' wide by 225' long and is elliptical in shape. The applicant maintains that the shape of the basin will utilize the prevailing winds to promote r Warren Woodard Tyrrell County Page 2 flushing of the basin. The finished depth of the basin will be -6' below the normal water level. The resulting spoil from the basin excavating will be placed in the adjacent agriculture field to dry prior to spreading on the field(s). A ±16' by ±25' long boatramp is proposed in the northeast comer of the new basin. The applicant proposes to construct a 6' wide by 25' long dock adjacent the boat ramp. Around the perimeter of the new basin, the applicant proposes to construct a 6' wide by ±750' long dock for side to mooring for an estimated 25 boats. Additionally, adjacent the boatramp, 12 mooring pilings are proposed to delineate 5 slips. The applicant proposes to construct a contained fuel storage area and place fuel pumps adjacent the boatramp. An office mobile home with septic tank and drain field is proposed along with a marl drive and parking area connecting to SR 1219. Anticipated impacts The project as proposed will result in the hydraulic excavation of ±4,500 ftz of sound bottom, maintenance excavation of ±2,645 ftz of canal bottom, and the excavation of ±805 ftz of 404 designated wetlands. The project will also include the excavation of ±36,000 ft2 of highground associated with the new basin. The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye - 8 December 1995 State of North Carolina Department of Environment, Health and Natural Resources 1�✓ Division of Coastal Management James B. Hunt, GovernorA , Jonathan B. Howes, Secretary , V Roger N. Schecter, Director December 19, 1995 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: • CAMA/DREDGE & FILL Permit Application Review APPLICANT: Warren Woodard PROJECT LOCATION: On SR1219 on Albemarke Sound near Columbia, Tyrrell Co. ROPOSED PROJECT: To excavate an access channel and boat basin, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the n / �yattached comments. Signed Date i — 1$—'( U Ca» l �pr�l Ear Ncw��. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: �.12 William Wescott, Coastal Coordinator Habitat Conservation Program DATE: January 18, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Warren Woodard, SR1219, on Albemarle Sound near Columbia, Tyrrell County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. In order to further assess project impacts on fish and wildlife resources, an onsite inspection was conducted on January 3, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to excavate an access channel (20 ft. wide, 225 ft. Tong and 6 ft. deep) from the mouth of an existing canal out into Albemarle Sound using a hydraulic dredge. The existing canal (23 ft. wide and 150 ft. long) will be dredged to a depth of 6 ft. below the normal water level. A diked disposal area will be constructed in an existing agriculture field. Additionally, the applicant proposes to excavate a basin at the upstream end of the existing canal in the agriculture field. The proposed basin will average 160 ft. wide by 225 ft. long, and will be 6 ft. below the normal water level. A 16 ft. by 25 ft. boatramp is proposed in the corner of the new basin, and a 6 ft. wide by 25 ft. dock would be constructed adjacent the boatramp. Additionally, the applicant proposes to construct a 6 ft. wide by 750 ft. long dock along the basin perimeter. A fuel storage area and fuel pumps are proposed adjacent the boatramp. This project would result in the loss of 805 ft2 of 404 designated wetlands and 7,950 ft2 of shallow water habitat. Warren Woodard January 18, 1996 Inadequate flushing rates in the excavated basin coupled with potential environmental contamination from fuel spills, sewage disposal or cargo handling would adversely impact fisheries and wildlife resources. Therefore, we request that the permit not be issued until the applicant provides flushing model results demonstrating that water exchange rates between the Albemarle Sound and the basin are adequate to prevent stagnation in the proposed basin. To protect the fishery resource in the vicinity from elevated turbidity, dredging in the Albemarle Sound should be prohibited between April 1 and September 30. We will not request a dredging moratorium for the canal or basin if a silt screen/boom is positioned across the mouth of the canal. The silt screen/boom should remain in place during dredging and for 72 hours after dredging is complete. We appreciate the opportunity to review and comment on this project. If you need further information on these comments, please contact Chad Thomas, District 1 Fisheries Biologist at (919)335-4961. A APPLICATION TRANSMITTAL/PROCESSING RECORD A) Applicant: Warren Woodard County: Tyrrell Location of Project: nff SR 1219 (Dewey Pier Road) on Albemarle Sound near Columbia Date Application Received Complete by Field: 4 December 1995 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: D. Moye District Office: Washington District Manager Review: B) Date Application Received in Ra igh: Fee Rec'd: $ Public Notice Rec'd: = End of Notice Date: Adj. Rip. Prop Notices Rec'd: Deed Rec'd: Application Assigned to: on \ C) 75 Day Deadline: Z _� n l' q 150 Day Deadline: Mail Out Date: C ` 15 - State Due Date: l U Federal Due Dater Fed. Comments Rec'd on Permit Final Action: Issue Deny Draft on D) AGENCY DATE C*01ENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office _ S Division of Comm. Assistance Land Quality Section Div. of Env. Management State Property Office S Div. of Archives & History )— 3 1_ ✓ Div. of Env. Health —1 1— l ✓ ____ Div. of Highways � Wildlife Resources Commis io �P g�'^�A"1f� 4_5 AEA lg 1 Div. of Water Resources ` Sl—C� MANAGEMENT Div. of Marine Fisheries 5 hM State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker FROM: David Moye DATE: 8 December 1995 SUBJECT: Warren Woodard Permit Application EDO FEE The proposed project appears consistent with the rules found in Subchapter 7H concerning development in Estuarine Water, Public Trust Areas, and Estuarine Shoreline. The applicant has attempted to design the basin to eliminate as much of the box shape as possible. DEM may want to run a flushing model on the design to see if it does flush. The location of the diked disposal area is landward or south of the proposed basin and the effluent will discharge into the head of the basin which should help in settling of flocculent material as it moves down to the canal and out in the sound. Since the proposed basin is in an existing agriculture field, the only impact to wetlands should be the ±805 W area at the head of the existing manmade canal. The applicant is attempting to create a usable area for area crabbers and gill netters to off-load and moor their boats. Many of the existing canal and basin complexes in the county are being sold or developed for vacation homes and are displacing the local boats. I measured the existing water depths in Albemarle Sound adjacent the canal mouth on 8 December 1995 and found the following; -7' at 200' off, -8' at 300' off, and -9' at 450' off. Conditions 1 1. Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed at the downstream end of the canal and maintained throughout the project so as to prevent significant turbidity from reaching the Albemarle Sound. 2. The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 3. No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 4. Excavation will not exceed 6 feet below the normal water level. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10% post -consumer paper Warren Woodard Memo 8 December 1995 Page 2 5. All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spill -over of solids into any wetland or surrounding waters. 7 6. The terminal end of the pipeline will be positioned at the south end of the disposal area. 7. The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. �1 8. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 1 0 9. Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. (� 10. All spoil and/or fill areas must be adequately stabilized by vegetative cover (or. other) within 30 working days. b l� 11. The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 0 12. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. ()13. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this dock facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust water without permit modification. p g14. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 15. A 50' plug will be left between the basin and the canal until all excavation on both sides of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours will be allowed to elapse before the plug is removed. MEMORANDUM IN. .,j VE0 Baru ►F,1996 TO: David Moye 6I FR Nitiitl;:riEhiENT , John Crew C' DATE: 14 December 1995 SUBJECT: Warren Woodard proposal, Albemarle Sound, Tyrrell County This proposal includes excavation of an access channel and boat basin to accommodate 25 boats, plus 12 mooring pilings to delineate 5 more slips. Public Trust Area, Estuarine Waters and Estuarine Shoreline AECs are involved. The proposal is off SR 1219 and comes under the auspices of the July 1991 CRC certified Tyrrell County Land Use Plan update. The plan offers the following limited guidance on proposals of this type: County policy on AECs (page 67) include relying on 7H use and performance standards for development proposed in the estuarine system. However, the county discussion of the conservation land class (page 102-104) notes that in addition to AECs being included in this class, where Dorovan Muck and Chowan Silt soils occur within 1/4 mile (1,320') of certain waterways, including the Albemarle Sound, the Conservation class applies. This dialogue continues by listing specific allowable uses in this class to include (page 104) "(3) Water oriented uses such as piers, docks and marinas if they are shown not to cause detriment to the estuarine waters or the conservation lands" and "(8) Marinas (upon careful determination that substantial pollution will not occur.)" County policy on Marina and Floating Home Development (page 73) includes dialogue on marinas. One significant observation is made: "Tyrrell County recognizes the need and use of marinas as both an important recreation support resources, and as an economic development resource. At the same time the county does not wish to see unnecessary degradation of it's waters. Therefore the county will encourage the development of upland marinas where feasible, but not at the total exclusion of waterfront marinas. All marinas, regardless of location, must comply with applicable state and federal regulations." However, county policy on Upland Excavation for Marinas (page 74) states "Tyrrell County recognizes the environmental benefits of developing marinas and boat basins in upland locations and the county supports such development where feasible and in certain circumstances. However, upland excavated sites should not be permitted to the complete exclusion of waterfront basins and marinas. Such proposals must be reviewed on a case - by -case basis." MEMORANDUM 14 December 1995 Page 2 As these two policies could appear in conflict and the upland excavation policy calls for a review on a case -by -case basis, the county administrator was consulted. Following discussion it was concluded that the Commissioners have supported a marina and/or port of safe harbor in this area for years and Mr. Brickhouse advised he was sure the Commissioners would support this proposal as long as appropriate state and federal regulations were met. The proposal is located in an area classed as Limited Transition on the county's land classification map. This class (page 101) provides for future urban type development that will have some services. It illustrates emerging urban type development with the whole range of land uses and services. My opinion is if this proposal can be accomplished in accordance with applicable state and federal environmental protection standards it will not be inconsistent with the county's land use plan cc: Preston Pate .>"""" Parker State of North Carolina Department of Environment Health and Natural Resourc Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director ul u � t : ►11 hi RECEIVE q D Q8q DEC 181995 � 5 e$ ENVIRONMENTAtSCIENCE �skA� E:)FEE HNF1 13 December 1995 TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management ,1 FROM: John R. Parker, Jr. q Major Permits Processing Coordinator WASHING ON OFFICE DEC 131995 D. L M. SUBJECT: CAJ�Wl)red ge and Fill Permit Application Review Applicant: Warren Woodard Project Location: Off SR-1219 (Dewey Pier Road) on Albemarle Sound near Columbia Proposed Project: To excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks on the new basin. Please indicate below your position or viewpoint on the proposed project and return this form by 3 January 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. p Signed Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Warren Woodard Route 2, Box 279-C Columbia, NC 27925 1-10=8=lr . 0.InTaili `\ � ' ' �EHNF4 January 30, 1996 Tyrrell Cotmry DEM Project # 951284 You have our approval to excavate a canal and basin and construct a boat ramp and docks in 8,755 square feet of wetlands or waters at SR 1219 on Albemarle Sound near Columbia, as you described in your application dated 28 December 1995 . After reviewing your application, we have �> decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design tHat you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept pny of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this lettera To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files Jl111A�RLT'DCAl" Sincerely, P ston Howard, Jr. P.E. y FEE 6 i996 9651284.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper cg<1ai; 56 ia:_3 RENT; TIFF F'F;ut Ci North Carolina W i;._'.'' ire Resources Commission 512 N. �-ahsbury Street, Raleigh, North Carolina 27004.1188, 919.733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR L FROM. W William Wescott, Coastal Coordinator Habitat Conservation Program DATE January 18, 1996 SUBJFCT CANl[A/Dredge and Fill Permit Application for Warren Woodard, SR1219, on Albemarle Sound near Columbia, Tyrrell County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. In order to further assess project impacts on fish and wildlife resources, an onsite inspection was conducted on January 3, 1996 Our comments are provided in accordance with provisions of rhP Coastal Area Management .Act (G S. 113A-100 through 113A-128), as amended .J the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. tt seq ) The applicant proposes to excavate at.. acc armel (21., ide, 225 ft. long and 6 ft. deep) from the mouth of an existing canal out intL irle Soo jsing a hydro—i.c edge. The existing canal (23 ft, wide and 150 ft long) wil( •,edged to a depth of 6 ft. below the normal water level A diked disposal area will be constructed in an existing agriculture field. Additionally, the applicant proposes to exca, a basin at the upstream end of the existing canal it,, the agriculture field. The proposed basin will average 160 ft. wide by 225 ft long, and will be 6 ft. below the normal water level. A 16 ft by 25 ft. boatramp is proposed in the corner of the clew basin, and a 6 ft wide by 25 ft, dock would be constructed adjacent the boatramp. Additionally, the applicant proposes to construct a 6 11, wide by 750 ftlong dock along the basin perimeter A fu::! storage area and fuel pumps are propo, d adjacent the boatramp. This project would result in ire loss of S05 ft2 of 404 designated wetlands and 7.950 ft2 of shallow water habitat. .'FI;34619E=, F',='It, TOFF _.. Warren Woodai d 2 January 18, 1996 Inadequate flushing rates in the excavated basin coupled with potential environmental contamination from fuel spills, sewage disposal or cargo handling would adversely impact fisheries and wildlife resources. TheFe&we,-w*vPq mdrt8he Ui_odel results demonstrating that water exchange rates between the Albemarle Sound and the basin are adequate to prevent stagnation in the proposed basin. /To protect the fishery reu,urce in the vicinity from elevated turbidity, dredging in the Albemarle Sound should be prohibited between April 1 and September 30. We will not request a lkl, dredging moratorium for the canal or basin if a silt screen/boom is positioned across the mouth of i the canal. The silt screen/boom should remain in place during dredging and for 72 hours after / dredging is complete. We appreciate the opportunity to review and comment on this project. If you need further rformation on these comments, please contact Chad Thomas, District 1 Fisheries Biologist at i :. 9)335-4961. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 13 December 1995 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator AJA A E31= F1 D E C 1 1995 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: \ Warren Woodard Project Location: Off SR 1219 (Dewey Pier Road) on Albemarle Sound near Columbia Proposed Project: To excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks on the new basin. Please indicate below your position or viewpoint on the proposed project and return this form by 3 January 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Signed/ Date s^'��✓'�✓ i 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: ATW;V' J L ID F1 TO: John Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Maury Wolff, Permit Coordinator rJANt FROM: Sara E. Winslow, Biologist Supervisor—AA)SUBJECT: Warren Woodard Proposal DATE: 21 December 1995 The following comments by the North Carolina Division of Marine Fisheries are provided pursuant to General Statute 113-131. Based on various aspects of this project this agency objects to the overall proposal. Albemarle Sound functions as a nursery area for blueback herring, alewife, hickory shad, American shad, striped bass, spot, croaker, weakfish, blue crabs and other commercially and recreationally important species. The applicant proposes to excavate a 20 foot by 225 foot long by -6 feet deep access channel into Albemarle Sound. This will result in ±4500 square feet of shallow water habitat being impacted. The Division would approve of this portion of the project with a dredging moratorium. The requested moratorium time frame would be 15 February through 30 September. This will ensure the environmental integrity of the area is protected during critical times of usage by the previously mentioned species. The Division would point out that if this portion of the project is approved, frequent maintenance dredging would be required. The existing f 23 foot wide by t 150 foot long man-made canal is proposed to be excavated to a finished depth of -6 feet below NWL. This will result in the maintenance excavation of ±2645 square feet of canal bottom. The applicant proposes to excavate a basin at the upstream end of the existing canal. The proposed basin averages 160 feet wide by 225 feet long and to a depth of -6 feet. The junction of the basin with the canal would result in the loss of ±805 square feet of wetlands. The P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919.726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper John Parker 21 December 1995 Page Two Division objects to the excavation of the basin connecting to the canal and the loss of the wetlands based on the following reasons. The proposed excavation will result in circulation and flushing problems. Designs of this type have resulted in algae blooms and dissolved oxygen level problems, which may result in fish kills and degradation of water quality to the adjoining waters. Degradation of water quality constitutes a loss of use under the Clean Water Act, which would be a violation of state and federal rules and policies. The use of the basin by up to 30 boats, coupled with fueling facilities may increase degradation of water quality due to gas, oil, and other spills. The existing wetlands functioned as a buffer between the highground and the existing canal. Wetlands are of great importance to fisheries resources, serving as sources of biological productivity, providing food directly and indirectly. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows,, trapping sediments, and providing nutrients for incorporation into resident plants. In summary, this agency objects to the project due to the degradation of water quality. 7Yri 19 '96 15:44AM P.1 State of North Carolina Department of Environment, Health and Natural Resource Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director December 19, 1995 MEMORANDUM TO: IBIS. Linda Sewall Director Utl� % 1995 Division of Environmental Health FROXI: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CA'11A/DREDGE & FIELL Permit Application Review APPLICANT: Warren Woodard PROJECT LOCATION: Off SR1219 on Albemarle Sound near Columbia, Tyrrell Co. PROPOSED PROJECT: To excavate an access channel and boat basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and this form by January 9, 1996. If you have any questions regarding the proposed project, contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attacted, a-60 This agency objects to the project for reasons described in the attached comments. y= =!u Signed DatefCGlri P.O. @ox 27687, Raleigh, North Carolina 27611.7687 FAY• 919.733-1496 .CC An E gal C -.T., Q PFor<unily A!fim7!iv5 AcNrn - -,- r - - :;3, ! rsr-rrr • p�.r � ."�, .,.-} MEMORANDUM TO. Linda Sewall FROM: Pat Fowler �r DATE: January 3, 1996 SUBJECT: CAMA Permit Application Review - Warren Woodard - Tyrrell County Review of the permit application for Warren Woodard in Tyrrell County indicates that the proposed project is located in an area open to shellfish harvesting. In accordance with DEH Rule 15A NCAC 18A .0911 Marinas: Docking Facilities: Other Mooring Areas, a closurr will be recommended. The minimum closure for the 25 to 30 slips in a closed system marina would be 275 feet from the last slip or dockage area constructed. � ICV;� JAN UIV. OF EP1wiROtih1CNTAi hEAf1N State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 19, 1995 ul u 4 ' 1 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History [DFEE HNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT:7Warren REDGE & FILL Permit Application Review APPLICANT: oodard PROJECT LOCAn SR1219 on Albemarle Sound near Columbia, Tyrrell Co. PROPOSED PROJECT: To excavate an access channel and boat basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed D�n Date / P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919.733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 16, 1996 MEMORANDUM TO: John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer Army Corps of Engineers, Wilmington District FROM: David Brook Deputy State Historic Prese ation Officer SUBJECT: Warren Woodard, SR 1219 on Albemarle Sound near Columbia, Tyrrell County, ER 96-8049 Division of Archives and History Jeffrey J. Crow, Director We have reviewed the above permit application concerning proposed plans to excavate an access channel and boat basin. Our staff inspected the project specifications carefully and determined that the dredging constitutes a major bottom disturbance. In the underwater portions of this project no known archaeological sites are recorded. Based on our present knowledge of t e rea a, —it Is- unil<ery that any submerged archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no underwater archaeological investigation be conducted in connection with this project. =� We would like to notify you thAt �f�it� project should be_undertaken with caution. If during construction submerged archaeological materials are encountered -,-such as shipwreck remains, it is the responsibility of the Army Corps of Engineers - Wilmington District to notify this office immediately, pursuant to Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to 28, Article 3: salvage of Abandoned shipwrecks and other underwater archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands, including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention. OD 109 East Jones Street • Raleigh, North Carolina 27601-2807 lZ3 Parker/Sperberg January 16, 1996, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard Kimmel State of North Carolina Department of Environment, LTINWA Health and Natural Resources A1JA Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E:) FE H N F1 Roger N. Schecter, Director 13 December 1995 MEMORANDUM rr�' TO: Mr. Charles Gardner, DirectorDivision of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Warren Woodard Project Location: Off SR 1219 (Dewey Pier Road) on Albemarle Sound near Columbia Proposed Project: To excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks on the new basin. Please indicate below your position or viewpoint on the proposed project and return this form by 3 January 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. v This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the /'"ed comments. Signed ✓iC Date 2- f 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DIVISION OF LAND RESOURCES LAND QUALITY SECTION /Z-/?/- s.- MEMORANDUM TO: John R. Parker, Jr./Stephen Benton Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain * Assistant Land Quality Regional Engineer Washington Regional Office SUBJECT: This office will require that: 1. The area be properly graded. 2. A permanent ground cover sufficient to restrain erosion be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project comple- tion. 3. The exterior slopes of the disposal area dikes be at an angle no steeper than 1 1/2 H: 1 V. 4. Appropriate erosion and sedimentation control devices, measures, or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 5. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any \ phase of grading on cut or filled slopes. _ 6. An erosion and sedimentation control plan be submitted at least 30 days prior to initiation of land -disturbing activities. 7. Additional information concerning the area of the land- ward disturbance be submitted to determine if an erosion control plan is required. 8. Other: Fi/ State of North Carolina Department of Environment, -Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Warren Woodard A74 IDEHNR DIVISION OF LAND RESOUR LAND QUALITY SECTION December 14, 1995 Route 2, Box 279-C Columbia, North Carolina 27925 RE: Woodard Marina Tyrrell County Dear Mr. Woodard: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land -disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land -disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty (30) days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainageways, marsh, etc. 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-976-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%Post-consumer paper It Mr. Warren Woodard December 14, 1995 Page 2 Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin, unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment, Health and Natural Resources, is included. The amount of the fee is based on $30 for the first disturbed or affected acre, plus $20 for each additional whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/ sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $500.00 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, Patrick H. McClain, P.E. Assistant Regional Engineer Enclosures cc: John Parker, Division of Coastal Management la State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 20, 1995 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries A FX.XA 14 7t*** )A E:)EHNR FROM: John Parker Major Permits Processing Coordinator CLI r1q141'Vj8t SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Warren Woodard PROJECT LOCATION: Off SR1219 on Albemarle Sound, Tyrrell C PROPOSED PROJECT: To excavate an access channel and boat basin, Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or --design-- There appear to be public trust conflicts that require additional investigation. Approximately days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed,sLT— Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50%recycled/ 1 o% post -consumer paper .State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 19, 1995 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: (Warren Woodard PROJECT LOCATION: On SR1219 on Albemarle Sound near Columbia, Tyrrell Co. PROPOSED PROJECT: To Excavate an access channel and boat basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. L/ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date) P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper go ,State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 19, 1995 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources &4� ate EDEHNFl FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: (�CAMA/DREDGE & FILL Permit Application Review APPLICANT: \ Warren Woodard PROJECT LOCATIION: On SR1219 on Albemarle Sound near Columbia, Tyrrell Co. PROPOSED PROJECT: To excavate an access channel and boat basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. _ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed i Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper .State of North Carolina Department of Environment, • Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 19, 1995 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway :Administrator Division of Highways FMA EDEHNFi FROM: John Parker, Jr. Major Permits Processing Coordinator NECEI�cr VED BAN i 2 1996 CI,:,,rAL r, MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: amen Woodard PROJECT LOCATION: On SR1219 on Albemarle Sound near Columbia, Tyrrell Co. PROPOSED PROJECT: To excavate an access channel and boat basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. V _Z This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the atta hed co nts. Signed ate �- a 7 S P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ I o% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 13 December 1995 MEMORANDUM TO: Mr. William McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator .v.r AJA A E:>EHNF1 RECEN�g9y OEMA 9 F.��N� SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: �_ Warren*oodard Project Location: Off SR 1219 (Dewey Pier Road) on Albemarle Sound near Columbia Proposed Project: To excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks on the new basin. Please indicate below your position or viewpoint on the proposed project and return this form by 3 January 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. il This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office o iects to the project for reasons described in the at c ed com vents. Signed Date _ J �) 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF January 17, 1996 Regulatory Branch Action ID No. 199601104 V 19 9� L Mr. John Parker Division of Coastal Management+, �r J North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 T Dear Mr. Parker: Reference the application of Warren Woodard for a Department of the Army (DA) permit to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks, on his property located off State Road 1219 (Dewey Pier Road), adjacent the Albemarle Sound, near Columbia, Tyrrell 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 condition(s) be included in the State authorization: ? 0\ 4rO 1- Agency concerns of the NCDMF and the NCDEM are addressed in any permit issued for the proposed work. E 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters outside of the proposed fill area. �r 3. Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4 5. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7. The activity will be conducted in such a manner as to prevent a t" significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is not -designated -ds--trout waters --by the 25 NTU's or less in all saltwater classes and —"-all lakes and-" -lese-in-trout-waters, are not considered significant. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field office, telephone (919)975-1616, extension 23. Sincerely, "-4Q44 Raleigh Bland Project Manager Regulatory Branch Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr. Thoma's Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 2188 Washington, North Carolina 27889-2188 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 W ILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF January 17, 1996 Regulatory Branch Action ID No. 199601104 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Warren Woodard for a Department of the Army (DA) permit to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks, on his property located off State Road 1219 (Dewey Pier Road), adjacent the Albemarle Sound, near Columbia, Tyrrell 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 condition(s) be included in the State authorization: 1. Agency concerns of the NCD14F and the NCDEM are addressed in any permit issued for the proposed work. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters outside of the proposed fill area. 3. Excavation will not exceed 6 feet below the elevation of mean low water (MLW). 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, a -404 Raleigh Bland Project Manager Regulatory Branch Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr, Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 2188 Washington, North Carolina 27889-2188 1� � RECENEO DEPARTMENT OF THE ARMY ©C 19 1995 WILMINGTON DISTRICT, CORPS OF ENGINEERS COAS�A4 P.O. BOX 1890 ENT ! 50' WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ' Jj I 1gs ATTENTION OF �.fP:1r W Regulatory Branch tl j Action ID. Applicant 1 V� o Afirl f V Waterway Q 11 County _Type work ; G Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. R. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Regional Office Division of Coastal Management North Carolina Department of Environment, Health and t�o 1 es= a WGs�S � Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your tcomments land/or recommendations would be appreciated on or before n Gr I I 1 t7 Questions or commen s may be addressed to 1U ��11 II ii_ Regulatory Branch, �u� ; N Field Office, telephone (119 ) �I�— I17I V�17Iy Sincerely, Wayne Wright qfyCLef, Regulatory Branch Enclosure Pnn,eC on IS Reryded Papa DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 W ILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 19, 1995 Regulatory Branch Action ID No. 199601104 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Mr. Warren Woodard for Department of the Army (DA) authorization and a State Water Quality Certification to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks, on his property located off State Road 1219 (Dewey Pier Road), adjacent the Albemarle Sound, near Columbia, Tyrrell County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we havedetermined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by February 13, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, qloL Raleigh Bland Project Manager Regulatory Branch Enclosure _2- Copies Furnished (without enclosure): r. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 %Y J* � wd�x ;a 5 DES �p EME�t •�iMores* r� UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ?, dY NATIONAL MARINE FISHERIES SF,FiYICF Ce Southeast Regional vll l 9721 Executive Center Drive North St. Petersburg, Florida 33702 January 9, 1996 Colonel Robert J. Sperberg District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Raleigh Bland Dear Colonel Sperberg: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199601104(GP) dated December 15, 1995. The applicant, Mr. Warren Woodard, proposes to construct a twenty-five slip boat basin on Albemarle Sound near Columbia, Tyrrell County, North Carolina. The purpose of the work is to provide a commercial marina facility for recreational boaters and commercial fishermen. The proposed project consists of excavating a 20-foot-wide by 225- foot-long by 6-foot-deep access channel in Albemarle Sound to connect with an existing 23-foot-wide by 150-foot-long canal which is located between uplands and wooded wetlands on the applicant's property. Maintenance excavation of the canal is proposed to establish a depth of six feet normal water level. Also proposed is the excavation of a 160-foot-wide by 225-foot-long by 6-foot-deep elliptical shaped boat basin in uplands. The boat basin would be connected to the upper end of the canal to provide boating access to Albemarle eSound. A boat ramp is proposed in beperimeterthe tbasin and constructed around the of the basin. dockswould The project is located on the southern shore of Albemarle Sound which provides habitat for a variety of commercially and recreationally important fishery resources. Estuarine dependent species that utilize the shallow water in the project area as habitat include Atlantic croaker (Micropogonias unpdpu,atured drum ot (Leiostomus xanthurus), flounders (Paralichthys s , (Sciaenops ocellatus), Atlantic menhaden (Brevoortia tyrannus), and striped mullet (Mugil cephalus). Anadromous species such as striped bass (Morone saxatilis)I American shad (Alosa sapidissAlosa alewife (Alosa pseudoharenaus), blueback herring aestivalis), hickory shad (Alosa mediocris), white perch (Morone 0 feinted nn Recycled Pali, Americanus), and Atlantic sturgeon (Acipenser oxyrhvnchus) also utilize the project site as a secondary nursery area We are concerned that this work would result in the modification of important areas of habitat that support these fishery resources. The proposed dredging would deepen approximately 0.1 acre of previously undredged bottom habitat and eliminate approximately 0.02 acre of fresh marsh. We4are also concerned that the project would result in a dead-end system terminating some 325 feet from the waters of Albemarle Sound. Discharges of pollutants associated with boating activity, in conjunction with the limited flushing provided by a largely nontidal system -such as Albemarle Sound, could result in the degradation of water quality in the project area and nearby waters. The continued availability of high quality waters and fishery habitat is important for the continued production of fishery resources. Coordination with the N.C. Division of Marine Fisheries (NCDMF) and the N.C. Division of Environmental Management (NCDEM) indicates that they also have these same concerns regarding the impacts of this project on fishery resources and the resulting cumulative impacts on Albemarle Sound. We understand that a hydrological model of the flushing characteristic of the boat basin is being required by the NCDEM to address potential water quality problems. We, therefore, recommend that federal authorization for this work not be provided until such time as the hydrological model has been assessed and the concerns of the NCDMF and the NCDEM have been fully satisfied. We appreciate the opportunity to provide these comments. Sancer And eas Mager Jr. Assistant Regional Director Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SEO2 'Epperly, S.P. and S.W. Ross. 1986. Characterization of the North Carolina Pamlico -Albemarle Estuarine Complex. NOAA Technical Memorandum NMFS-SEFC-175. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 19, 1995 Regulatory Branch Action ID No. 199601104 Warren Woodard Route 2, Box 279-C Columbia, North Carolina 27925 Dear Mr. Woodard: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received December 15, 1995, for Department of the Army (DA) authorization to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal, and construct a boatramp and docks, on your property located off State Road 1219 (Dewey Pier Road), adjacent the Albemarle Sound, near Columbia, Tyrrell County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should You begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601104. It will be coordinated by Mr. Raleigh Bland in our Washington Field Office. Mr. Bland is available at telephone (919) 975-1616. Sincerely, Ralei. d Project Manager Regulatory Branch Enclosure -2- w�g95 Copies Furnished (without enclosure): pl'c Mr. John Parker Division of Coastal Management N h Carolina Department of Environment, Health and Natural.Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife service Fish and Wildlife Enhancement Post office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 2188 Washington, North Carolina 27889-2188 State of North Carolina Department of Environment, Health and Natural Resources 1 • Division of Coastal Management _ James B. Hunt, Jr., Governor �+ Jonathan B. Howes, Secretary E N Roger N. Schecter, Director March 6, 1996 Mr. Warren Woodard Route 2, Box 279-C Columbia, NC 27925 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and State Dredge and Fill permit to excavate an access channel and boat basin, an existing canal and construct a boatramp and docks on property located off SR1219 (Dewey Pier Road) on Albemarle Sound, in Tyrrell County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 2, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, � ( Jo R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: David Moye DCM--Washington P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 -- crw...a,.,,i...0 ina ....d_..,.,.o rmcr nnnAr V State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker , 4 FROM: David Moye DATE: 24 January 1996 SUBJECT: Warren Woodard Permit Application �w IDFEE HN1l i BAN 3Q �9 J,996 MANAGEMENT Attached is a letter from Mr. Woodard requesting a copy of the field report and comments from the reviewing agencies. His mailing address is: Warren Woodard Route 2, Box 279C Columbia, North Carolina 27925 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper January 23, 1996 D.E.H.N.R. David 11. Moye 1424 Carolina Ave. Washington, N.C. 27889 Dear M16. Moye: This is to notify you thattI would like to receive a copy of your field report and/or comments from reviewing agencies. Sincerely, J� Warren Woodard State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 4 December 1995 Mr. Warren Woodard Route 2, Box 279-C Columbia, North Carolina 27925 Dear Mr. Woodard: ���� C)EHNF1 The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1219 (Dewey Pier Road) on Albemarle Sound near Columbia in Tyrrell County, North Carolina. It was received on 4 December 1995 and appears to be adequate for processing at this time. The projected deadline for making a decision is 17 February 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119" --,ires that notice of an application be posted at the location of the proposed development. En - "Notice of Permit Filing" postcard which must be posted at the property of yoi hould post this notice at a conspicuous point along your property where c road. Some examples would be: nailing the notice card to a teleph right -of --way fronting your property, or at a point along the road rights A lead one into your property. Failure to post this notice could result in An onsite inspector„ ...-_ by the appropriate State or Federal agency. r. _ in writing if you wish to receive a copy of my field DWM:pdp ENCLOSURE d information is required, you will be contacted act me if you have any questions and notify me report and/or comments from reviewing agencies. Sincerely, David W. Moye Field Representative Division of Coastal Management Washington Regional Office 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975.3716 An Equal Opportunity Affirmalive Action Employer 50%recycled/10% post -consumer paper November 29, 1995 Division of coastal Management 1424 Carolina Ave. P.O. Box 2188 Washington, N.C. 27889 Dear Sirs, Attached is my application for a proposed boat basin, access channel and other improvements on my property in Tyrrell County, N.C., on Albemarle Sound. I propose to construct an access channel from deep water in Albemarle Sound to an existing canal on my property. I then would re -excavate the canal landward to my cropland fields. In the existing high ground fields I would construct a boat basin with docks on its perimeter to accommodate local crabbers, fishermen and recreational boaters. A boat ramp would be constructed to retrieve commercial boats seeking safe harbor and for recreation boat launchings. I would have available fuel, oil and basic marine supplies for sale. Someone would be available for general management and supervision on a daily basis. As you can see from the attached plats,•a hydraulic dredge would be used for the access channel and spoil placed in a retention area on high ground. A dragline or backhoe would be used for construction of the basin and canal clean -out. Spoils from this would be spread and seeded as material allows. Marl would be used to pave a roadway from SR 1219 to the site and provide some parking space. Mooring piling would be provided for approximately five larger boats that would desire to dock stern -to for off-loading catch. All other boats would tie side -to docks. If you have any questions concerning my proposals or on the application, please advise. Sincerely, Warren Woodard Warren Woodard Route 2, Box 279 C Columbia, N.C. 27925 September 14, 1995 Dear Sir: As required by the permit process administered by the Division of Coastal Management, this •letter is to inform you of my intentions to construct a boat basin, access canal and channel on my property (known as the Van Horn Tract) in Tyrrell County. You have 30 days from the receipt of this letter to submit any comments on my proposed, project to the Division of Coastal Management. Sincerely, Warren Pdoodard Enclosure As required by law, enclosed is a plat of the proposed area. This was omitted in previous mailing. Action ID: U.S. ARMY CORPS OF ENGINEERS Wilmington District County: � edk Notification of Jurisdictional Determination Property owner/Authorized Agent Way, &)DOJ4J Address ki- A -996 271C 1 Telephone Number 7% -.29 71 0 " Size and Location of Property(wate rb-tigdy, Highway name/number, town, etc.) 1ao S.R. 1219 w ?- Rd. c 4y 114< A14epriAg- Indicate Which of the foil owipg apply: ' S�'•� t 5 jdC CV*t01 #14) I W "A,�� 4. 4 G4wi VoX There are wetlandsbn the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. • Because the size of yo property an ur present wo oad, our ide ification and ineation of your wet cannot be a mplished in imely manne ou may wis o employ a ultant to ob m a m timely delinea 'on of the wetl ds. Once you nsultant has agged a wetla line on the p perry, rps staff will r Iew it, and, if ' s accurate, w trongly reco end that you ve the line su eyed for final approval the Corps. Corps will no ake a final ju sdictional dete ination on yo r property without an approved survey. • T71pon etlands o your lot ha been delin ted, aYed limits of Corps jurisdict n have byen explained t. Unles there is a c nge in the 1 or our hed regu Lions, this d erminatiorf may berElied for a riod not to xceed thre ears fromte of tlAs nottficatio . • /re2uirrements are now lands pres ton the ab a described roperty whire subject to he per it o Section 40 f the Clean ater Act (33 C 1344). Unl there is a ch ge in th aw public d regulatio s, this deter ` ation may be Led upon fora enod not to a ed thre years yfrom the d e of this notitication. M51+ The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Property owner/Authorized Agent Signature Project Manager Signature Date $- Is -!Is I I Expiration Date-%-15-aDab SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. CFSAW F..5M 1 OCr 92 MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM:. David Moye"DIO' DATE: 13 December 1995 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Warren Woodard Tyrrell County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 4 December 1995. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. CHAS. W. OGLETREE ATTORNEY AT LAW COLURRIA. N. C. 494 . f+lary R. Woodard and her heirs and assigns, a one-half (1/2) undivided interest in fee si.niple. The party of the first part covenants to and with the parties of the second part, their heirs and assigns, that he is seized of the above described real estate in fee and has a perfect right and power to convey the, same in fee simple, that the same are free and clear of any and all encumbrance and that he will forever warrant and defend the title thereto against the law- ful claims of all persons whomsoever. IN TESTIA10IN IM"BIY011, the said party of the first part has hereunto set his hand and seal, this the clay and year first above written. James Darren 4� NOrMl CAROLINA TYRRLT.L COUNTY I, Mozella B. Rought:on, a rotary public in and for the county and state aforesaid, do hereby certify that James Marren Woodard personally appear- ed before re this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness rW hand and notarial seal, �J ,the 30th day of August, 1978. Mr Cc51Rt @16n expires: 11-1-81. N. NORTH CAROLINA TYRRELL COUNTY The foregoing certificate of Mozella B. Houghton, a Notary Public of Tyrrell County, North Carolina is certified to be correct. This instrument was presented for registration and duly recorded in this office in Book 143, Page 493. This the 31st day of August, 1978 aatt33:::0�5 o'clock p.m. �LSX�=�/ ICJ Register of Deeds 493 CNAS.W.OGLETREE ATron M[r AT LAW COLYN®M• N. C. NORTH CAROLINA TYRRML COUNTY THIS DIMD, made and executed this the 30th day of Ai4nmt, 1978, by and between JXT!S WARREN WOODARD, party of the first part, and JAMI WARIN1 WOODARD and wife, NOR4A C. WOODARD, and 14ARY R. WOODARD, of Jute 2, Columbia, North Carolina, parties of the second part; WrE ESSITY1I: THAT for and in consideration of the sum of 'fen ($10.00) Dollars paid to the party of the first part by the parties of the second part, the receipt of which is hereby acknowledged, and for other good and valuable considerations, said party of the first part has bargained and sold and by these presents does bargain, sell and convey unto James Warren Woodard and wife, Norma C. Woodard, and their heirs and assigns, a one-half (1/2) undivided interest in fee simple, as tenants by the entirety, and Mary R. Woodard, and her heirs and assigns, a one-half (1/2) undivided interest in fee sinple, in and to that certain tract or parcel of land more particularly described as follows, to -wit: Adjoining the lands of C. R. Woodard and L. 11. Woodard and described as follows: BEGIMING at a black gum on the south side of Albemarle Sound on the east side of the landing situated on said land, thence westwardly to the Alexander corner, thence South 50 degrees east to a pine on the southward side of the swamp and south of the house in which G. B. Vanhorn lives, thence northwardly to the first station, containing thirty three acres, more or less. For further description reference is made to that certain deed dated July 29, 1942, from Arpy Sppeencer and others to Edward Vanhorn and of record in Book 94, at Page 1109, in the Office of the Register of Reds of Tyrrell County. There is excepted from the foregoing those portions thereof, if any, which have been heretofore conveyed. F1z they reference is made to that certain deed dated.August 30, 1978, from Charles W. Ogletree, Corndssioner, to James Warren Woodard and of record in the Office of the Register of Deeds of Tyrrell County. TO HAVE A14D TO HOLD the above described real property together with all the privileges and appurtenances thereunto belonging unto James Warren Woodard and his wife, Noma C. Woodard, and their heirs and assigns, a one- It half (1/2) undivided interest in .fee simple, as tenants by the entirety, and 1����M CHAS. W.0 L[rn[C wTrowwv wT tww Co: urwnA. N. C. i 492 made to that certain deed dated July 29, 1942, from Ampy Spencer and others to Edward Vanhorn and of record in Book 94, at Page 409, in the Office of the Register of Deeds of Tyrrell County. There is excepted from the foregoing those portions thereof, if any, which have been heretofore conveyed. TO HAVE AND T7 HOLD said land with its appurtenances, to James Warren Woodard, the said party of the second part, his heirs and assigns, for his own use and behoof forever, in as full and ample canner as said Charles W. Orletree, Commissioner, as aforesaid, is authorized and empowered to convey the same. I11 l•!1'1 MS hJ IM-1 F, the said Charles W. Ogletree, Commissioner, hath hereunto set his hand and seal, the day ye t above written. l (SEAL) Ccrmdssioner HOFM I CAROLINA TYRRELL COUIIPY I, hbzella 13. Roup)rton, Notary Public, of said county and state, do hereby certify that Charles W. Ogletree, Commissioner, fgantor, personally appeared before me this day and acknowledged the execution of the foregoing deed. Witness my hand and official seal, r. Jlnnj DdFdssi?n expires. 11-1-81. NORTH CAROLINA TYRRELL COUNTY this the 3�j` day of August, 1978. The foregoing certificate of Mozella B. Roughton, a Notary Public of Tyrrell County, North Carmli.na is certified to be correct. This instrument was presented for registration and duly recorded in this office in Book 143, Page 491. This the 31st day of August, 1978 at 3:05 o'clock p.m. Pt�cG. Soy , Register of Deeds 491 CN,AS. W. OGLETREE •TTORNKY AT uw COLV..IA, N. C. NORTH CAROLIVA TYRFUL COUIITY THIS CO(VISSIOWER'S U177), made this the 30th clay of August, 1978, by CIMLFS W. OGLETRCE, Commissioner, pursuant to an order of the Superior Court of Tyrrell County in the action entitled "Rill Moore and wife, laizab,?th Moore, and others, Petitioners, vs Rayfield Vanborn and wife, Florence Vanhr)rn, and others, Respondents", party of the first nart, to James Warren Woodard, of Route 2, Columbia, North Carolina, party of the second part; WITI M"31711 h THAT ll111 =, , the said Commissioner, being; empowered and directed by an order in the said action, did, on the 7th day of August, 1978, after due advertisement according to law, and as directed by said order, expose the land hereinafter described to public sale at the courthouse door in Tyrrell CoLmy, where and when the said James Marren Woodard became the last and highest for said lard in the sum of Fifty Two Thousand 171ve Ihulr-ed Fifty & lb/100 ($52,550.00) Dollars; and whereas, more than ten days elapsed after said sale and the report thereof to the court without any advanced or upset bid being; offered and without any exceptions being filed, and the said sale was then confirmed, and the Commissioner, as aforesaid, was ordered by judlgmnt of said court to execute a deed in fee simple to said purchaser upon nayment of said purchase money; and whereas, the said purchase money has been paid in full: IVII, in consideration of the premises, the said Charles 1.1. Olgetree, Commissioner, as aforesaid, does hereby bargain, sell and convey to the said James Warren Woodard, his heirs and assigns, that certain parcel or lot of land situated in Columbia Township, Tyrrell County, North Carolina, and more particularly described as follows: Adjoining the lands of C. R. Woodard and L. li. Woolard and described as follows: BEG12SIBIG at a black gun on the south side of Albemarle Sound on the east side of the larding; situated on said land, thence westwardly to the Alexander corner, thence South 50 degrees east to a pine on the southward side of the swamp and south of the house in which 0. R. Vanhorn lives, thence northwardly to the first station, containing thirty three acres, more or less. _For further description reference is i CNAS.W.OGLETREE ATTONNL'Y AT LAW COLUMIIIA• N. C. 494 14ary R. Woodard and her heirs and assigns, a one-half (1/2) undivided interest in fee simple. The party of the first part covenants to and with the parties of the .second part, their heirs and assigns, that he is seized of the above described real estate in fee and has a perfect rightandpower to convey the same in fee simple, that the same are free and clear of lu'ly and all encumbrance and that he will forever warrant and defend the title thereto against the law- ful claims of all persons whomsoever. IN I-STIMONY 1,11MMIM', the said party of .the first part has hereunto set his hand and seal., this the day and year first above written. ^� � (SEAL) Janes Warren Woodard 1; NORTH CAROLINA T.'RR[7L OJUNTY I, Mo::ella B. Rou0it:on, a rotary public in and for the county and state aforesaid, do hereby certify that James Warren Woodard personally ed before me this day and aclarowled[,cd the due execution'of the foregoing instrument for the purposes therein expressed. 4Jitness my hand and notarial 30th day of August, 1.978. .�l�nrrr 'Ya9FL1 COUiw4 NORTH CAROLINA : 11-1-81. TYRRELL COUNTY lJotary ub ry The foregoing certifical,e of Mozella B. Roughton, a Notary Public of Tyrrell County, North Carolina is certified to be correct. This instrument was presented for registration and duly recorded in this office in Book 143, Page 493. This the 31st day of August, 1978 at 3:05 o'clock p.m. ti I Register of Deeds 493 •` � CN119. W. OGLETREE ATTORN[r AT LAW COLNM01A. N. C. NOFMI CAROLVIA TYRRML COUNTY TILTS DIED, made and executed this the 30th day of August, 1978, by and between JAIES l-ART04 WOODARD, party of the first part, and JAMLS HARM-11 WOODARD and wife, IIoRm1 C. WOODARD, and MARY R. WOODARD, of Route 2, Columbia, North Carolina, parties of the second part; VITTI ESSM: THAT for and in consideration of the sum of '[en ($10.00) Dollars paid to the party of the first'part by the parties of the second part, the i receipt of which is hereby acknowledged, and for other good and valuable considerations, said party of the first part has bargained and sold and by these presents does bargain, sell and convey unto James Warren Woodard antl wife, Norma C. Woodard, and their heirs and assigns, a one-half (1/2) undivided interest in fee simple, as tenants by the entirety, and Mary R. Woodard, and her heirs and assigns, a one-half (1/2) undivided interest in fee simple, in and to that certain tract or parcel of land more particula^ly described as follows, to -wit: Adjoining the lands of C. R. Woodard and L. 11. Woodard and described as follows: BEGINIIBIG at a black gum on the south side of Albemarle Sound on the east side of the landing situated on said land, thence westwardly to the Alexander corner, thence South 50 degrees east to a pine on the southward side of the swamp and south of the house in which G. B. Vanhorn lives, thence northwardly to the first station, containing thirty three acres, more or less. For further description reference is made to that certain deed dated July 29, 19112, from Ampy Spencer and others to Edward Vanhorn and of record in Book 91, at Page 1109, in the Office of the Register of Deeds of Tyrrell County. There is excepted from the foregoing those portions thereof, if any, which have been heretofore conveyed. Further reference is made to that certain deed dated,August 30, 1978, from Charles W. Ogletree, Corndssioner, to James Warren Woodard and of record intheOffice of the Register of Deeds of Tyrrell County. TO HAVE A14D TO HOLD the above described real property together with all the privileges and appurtenances thereunto belonging unto James Warren Woodard and his wife, Noma C. Woodard, and their heirs and assigns, a one- half (1/2) undivided interest in .fee simple, as tenants by the entirety, and CHAS. W. OGLETREE wtropn[r A, LAW COLUMBIA. N. C. 492 nude to that certain deed dated July 29, 1942, from Ampy Spencer and others to Wward Vanhorn and of record in Book 94, at Pale 1109, in the Office of the Register of Deeds of Tyrrell County. There is excepted from the foregoing those portions thereof, if any, which have been heretofore conveyed. TO IIAVE AND Rh HOLD said land with its appurtenances, to James Warren Woodard, the said party of the second part, his heirs and assigns, for his own use and behoof forever, in as full and ample manner as said Charles W. Ogletree, Commissioner, as aforesaid, is authorized and empowered to convey the same., III WI'TIIESS V11MIDP, the said Charles W. Ogletree, Commissioner, hath hereunto set his hand and seal, the day ye In t above written. (SEAL) Commissioner IIOTMI CAROL➢JA TYRRff.L comity I, kozella 13. Roug3:ton, Notary Public, of said county and state, do hereby certify that Charles W. Ogletree, Commissioner, Fg'antor, personally appeared before me this day and acl.nowledged the exeqution of the foregoing deed. Witness my hand and official seal, this the 30;` day of August, 1970. <, Notary Public U .P(q Cofgrdssipn expires: 11-1-81. A '�Ic'• ..... •', •�,,�V NORTH CAROLINA TYRRELL COUNTY The foregoing certificate of Nozella B. Roughton, a ,Notary Public of Tyrrell County, North Car,li.na is certified to be correct. This instrument i was presented for registration and duly recorded in this office in Book 143, Page h91, This the 31st day of August, 1978 at 3:05 o'clock p.m.' 4�'_'� . Register of Deeds 491 CH..S. W. OGLETRE[ ATTORN[Y AT LAW Cow"e u. N. C. u�isra,�m;•��i�ar:� Wb-%11 pFilili11M41 THIS COIMISSIGHMIS dill]), made this the 30th clay of August, 1978, by CHARLIES W. OGLETREE, Commissioner, pursuant to an order of the Superior Court of Tyrrell County in the action entitled "Rill Moore and wife, Elizabeth Moore, and others, Petitioners, vs Rayfield Vanhorn and wife, Florence Vanhorn, and others, Respondents", party of the first part, to James Marren Woodard, of Route 2, Columbia, Worth Carolina, party of the second part; WITI fi" ;Y.i71: THAT 1,ft T!AS, the said Conmissioner, being empowered and directed by an order in the said action, did, on the 7th clay of August, 1978, after due advertisement according to law, and as directed by said order, expose the Lund hereinafter described to public sale at the courthouse door in Tyrrell County, where and when the said James Warren Woodard became the last and highest for said land in the sum of Fifty Two 1lausand Five Ihu hvcl Fifty & IJo/100 ($52,550.00) Dollars; and whereas, more than ten days elapsed after said sale and the report thereof to the court without any advanced or upset bid being offered and without any exceptions being filed, and the said sale was then confirmed, and the Commissioner, as aforesaid, was ordered by judgment of saki court to execute a deed in fee simple to said purchaser upon na;ment of said purchase money; and whereas, the said purchase money has been paid in full: iKV, in consideration of the premises, the said Charles 1.1. Olgetree, Commissioner, as aforesaid, does hereby barl;ain, sell and convey to the said James Warren Woodard, his heirs and assigns, that certain parcel or lot of land situated in Columbia T'umship, Tyrrell County, Ilorth Carolina, and more: particularly described as follows: Adjoining the lands of C. R. Woodard and L. 11. Woodard and described as follows: BEGURMJG at a black gm on the south side of Albemarle Sound on the east side of the landing situated on said land, thence westwardly to the Alexander corner, thence South 50 degrees east to a pine on the southward side of the swamp and south of the house in which 0. R. Vanhorn lives, thence northwardly to the first station, containing thirty three acres, more or less. .For further description reference is kr. J� NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health, and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that Mr. Warren Woodard filed an application on 4 December 1995 for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, lair. Warren Woodard proposes to excavate an access channel and boat basin, undertake maintenance excavation of an existing canal and construct a boatramp and docks on the new basin. The site is located off SR 1219 (Dewey Pier Road) on the Albemarle Sound near Columbia in Tyrrell County, North Carolina. A copy of the entire application and additional information maybe examined (or copies furnished ah. upon request and payment of reproduction costs) during normal business hours of the Division of Coastal Management, 1424 Carolina Avenue, Washington, North Carolina, and/or the Division of Environmental Management, 1424 Carolina Avenue, Washington, North Carolina. The Division of Environmental Management proposes to take final action on this water quality certification on or before 18 January 1996. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Mr. Roger Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611, prior to 8 January 1996 for consideration in the CAMA permit decision, and to Mr. John Dorney, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611 prior to 3 January 1996 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 19 December 1995 in Coastland Times for the North Carolina Division of Coastal Management, Post Office Box 27687, Raleigh, North Carolina 27611, ATTN: Kris Horton.