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HomeMy WebLinkAbout103-96 Rhodes, EarlPer7�itClassNE STATE OF-NOR-TH=CAROLINA Department of Envionmerit Health & Natural Resources Coastakltesoiirces wcommission M PIYIt '} r, <, ; Major Development ih an Area.of=Envtrortmental Concem pursuant to NC 1139-"118 X Excavation r filling pursuant to NCGS 113-229 Issued to authorizing development in 1211) near Columbia , as requested in Permit Number 103-96 This permit, issued on //3 A is subje Hance with the application (where consistent with the permit), all applicable regulations, special conditions and n et 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 and Fill 1) Excavation shall not exceed 6 feet below the normal water level. 2) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 3) All excavated materials shall be confined above the mean high water line and landward of vegetated wetlands behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. 12 1 ® REc4.vEa � JUL 131996 (See attached sheet for Additional Conditions) �E 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 December 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 Chairman of the Coastal Resi and the n�Roge�"Cfiecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee T. Earl Rhodes 4) 5) 6) 7) ADDITIONAL CONDITIONS The temporary placement or double vegetated wetlands is not authorizec The height of the proposed groins All riprap material must consist of clean granite or broken concrete. Permit#103-96 Page 2 of 2 of excavated or fill material within waters or above the normal water level. The riprap material must be free from loose dirt orauy-eollut, prevent its movement from the site by wave or current action. General such as, but not limited to, It must be of a size sufficient to 8) The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 9) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. A) 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. NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025 (DEM Project No. 960530) which was issued on 6/8/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199604562. Permit Class Permit Number NEW 103-96 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission hermit for 'VL]IJ u X Major Development in an Area of Environmental Concern "�'•'•'••'•• • •••••••••�••� pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to T. Earl Rhodes. Route 2. Box 199E. Columbia, NC 27925 authorizing development in Tyrrell County at Sc=pemong River_ end of River Neck Road (SR 1211) near Columbia , as requested in the perniuee's application dated5/16/96 including attached workman drawines. 3. dated 5/16/96 This permit, issued on / /3 Ab 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 and Fill 1) Excavation shall not exceed 6 feet below the normal water level. 2) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 3) All excavated materials shall be confined above the mean high water line and landward of vegetated wetlands behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. attached sheet for Additional 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 December 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. n�Roger 1 . c ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee T. Earl Rhodes ADDITIONAL CONDITIONS Permit#103-96 Page 2 of 2 4) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. Groin Construction 5) The height of the proposed groins shall not exceed 1 foot above the normal water level. 6) All riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 7) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. General 8) The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 9) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. A) - 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. NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025 (DEM Project No. 960530) which was issued on 6/8/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199604562. I jl,� 9 /l') Oue,� //ieuj l V..�� ` { N n �5eo OSTIA) µo. r "Gyj PIP ° To 7- i Ste /.211 Poe. 3 oP3 G'Koss SeeTo�r/ eon! - /3'-------- — J�DCF— �hsi,�J Y EN%�AnC�IR✓f'e% so -Ile pf > S ' /MAl //pi GJ,97`eh /.2' 1\ )7117`er e W), pa%e G'.C'�SS Sec T o.r/ �!^�e�l CvdNty (VHC)-�uZ°rPU�O� u n i eM,, .w� a dpoo /.rJAteti r,'/7eh c razz), Pare a of 3 dv over /L'i �eD Wei tot. I I T. �itrl Zh-Je—s 74 A e // '/',p MAII Poe- 3 oP3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF July 25, 1996 Regulatory Branch Action ID No. 199604562 and State Permit No. 103-96 T. Earl Rhodes Route 2, Box 199E Columbia, North Carolina 27925 Dear Mr. Rhodes: Reference your application for a Department of the Army (DA) permit to excavate an access channel and construct two rock jetties, on property located at the terminus of State Road 1211, adjacent the Scuppernong River, 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 your approved plans. 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. Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MCA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager JU! 3FC j� O � iNgN,q�f���9g6 J,. -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 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 Mr. John Hefner 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 Mr. Terry Moore, District Washington Regional Office North Carolina Division of 1424 Carolina Avenue Washington, North Carolina 28516 Manager Coastal Management 27689-2188 State of North Carolina Department of Environment,2 WA Health and Natural Resources 1�� Division of Coastal Management James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director July 8, 1996 Mr. T. Earl Rhodes Route 2, Box 199E Columbia, NC 27925 Dear Sir: 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 R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, �iy� FAX 919-733-1495 � C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, communityor landmark Rl vex Ner N rornmLiAl b4 1. APPLICANT a. Landowner: Mr. d Mrs. I ��� Name T. Ens eS Address 4.a x I qq e City lenIt M6;F4 State N.C. Zip a�AZ Day Phone - U71I Fax H b. Authorized Agent: Name N/A Address N/A City State A, Zip Day Phone Fax c. Project name (if any) � A NOTE: Per t %iU be issued in panne of /andow r(s), and/or project w . 2. LOCATION OF PROPOSED PROJECT a. County I V [T2I c. Street address or secondary road number _ 6k ial► d. Is proposed work within city limits or planning jurisdiction? Yes _)�_ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) SGLAFPe_rrlOdo r*i VQY 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 fillin activities. Add i•��a ��'a-., �F rock �e4ii a Q� Ner nNd S1s...i'1. scdc ar;s�:Nc raNal exh+id;µ 40 �+ ;NTD r;ver cee,(J"NG. tlLs r_k"%SF.A. Is the proposed activity maintenance of an existing project, new work, or both? beii c. Will the project be for public, private or commercial use? or; vake— 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. -176e ma;NTGNL OF "at is 9, , n'4., Iadm i/^roi�.•..n 1nL maiw lrwrL Gt GG�J11 4165 CG11L+E0 LLA4�i?.r 4 WoL..G be done 64 bf�ockhoe, placi�eiacs _U yaN�%e s6.4e }ojPor,, jeWes Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS • • a. Size•of enure trad' • al.'30 ±' &CAMS b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL f 3.0 d. Soil type(s) and texture(s) of tract f'_10.0 loemu SQ� e. Vegetation on tract Pities Or, ke-S to . t i o la.tom f asses mip. lti .Jd Arcder f. Man-made featur now on tract 14AIAsei �)X6_10f) h[lrnl. Qmjitg '1r1, �1Ef g. What is the CAMA Land Use Plan land classification of the site? (Comutt the local lard we plan.) Conservation . Transitional � y "Developed X` =Comi i6ity &;at'Nrial Other' r h. How is the tract zoned by local government? Nowe i. Is the proposed project consistent with the applicable Noning? Yes No (Attach zoning corrrpliance eerrificnre, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k.•-Is -tire project located, in a National Registered :--Historic ".-District or. • does it i involve ' a -National .Register -listed -or eligible property? •- 1.' , :'Are there wetlands'on the site? .•Yes • _ No Coastal';(marsh), . Other - ire" uie} ;i If 'yes -has a,delineation iie'eh conducted? T NO • (Anach documeniation, f available)-, - m. Describe existin& 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.) ItLL bus c a rw.o g, o. Describe existing drinking water supply source. 1.011N� I I1)a'L 1, S. 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 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 pnfamiliar 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 Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitttterne, and issuing dates. .Sjt1.tE. �vaera_� t�errn:+.� 0154?�-'3 T. Earl RkcAes 5-13-41p • 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 —I--_ day of 11_, 19-2j;� Print Name ld , .A P,4 1n A F' �/Ao 0 6_S Signature tmldo r or Authorized Agent Please indicate attachments pertaining to your proposed project. ✓ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ 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' h AND FILL X. (Except bridges and culverts) Attach this form to Joint Application for CAMA Major' Permit, Form, DCM-MP-I. Be sure to complete all 1. EXCAVATION other sections'of the Joint Application that relate to this proposed proect. ;i a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or'.,.. MHW or NWL,in cubic `yards `Icla ca, Yd5 fill activities. All values to be given in feet. b. Type of material to be excavated d 0. d Access channel . 1, (M. LW),or. (KKL) " Canal Boat basin Boat ramp Ca'a.l Rock sidc�, groin Seu� Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Prglect Length Width Depth Depth &of d/ + �+ / 50 a.'Top is set afyg� /3�.sj� c. Does the area to be excavated include coastal wetlands (marsh), submerged, aquatic vegetation (SAVs) or other wetland0 "='Yes -)L- No d. Highground excavation in cubic yards / 2. DISPOSAL OF EXCAVATED , ., MATERIAL a. Location of disposal area : ON S_ ;6 66 laNa b. Dimensions of di$ISc' al area 35 � X a00 c t.i Do. ypy claimldilb to, disposal area? . �, i ✓'"Yes. i i No. • , . . E If no, attach a fetter granting permission from the owner. d. Will a disposal area be available for future maintenance? ✓ Yes _ No If yes, where? t jl;rk JA hie 6 hLri Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes Ar No f. Does the disposal i clude any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. LCngth ' Tellies 50� Nor�}.aSeuil,eidestcorta� c. Average distance waterward of MHW or NWL Elbe Nk)L d. Maximum distance waterward of MHW, or NWL C40' e. Shoreline erosion during preceding 12 months (Source of information) 4. oi.t�e O'F4r606 If yes, (1) Amount of material to be placed in the water 1J IN (2) Dimensions of fill area 't ya_ (3) Purpose of fill a b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area N k - (2) Purpose of fill A 5. GENERAL a. How will excavated or fill material be kept on site 1. and erosion controlled? The 1ezCava4ed rnaieri41 i l be u oaio r-rollad by lawn e f. T e of bulkhead or riprap material r";k R•p-ra p b. g. Amount of fill in cubic yards to be placed below water level, :�.. .(.i.)'.:Riprap' l�a a5 (2) Bulkhead backfill h. Type of fill material Tip RA(_ i. Soprce of fill material OftrAirlA mmk KaCk Qt.tarr mount; .C. 4. OTHER FILL ACTIVITIES NJ (Excluding, Shoreline .Stabilization) a. Will fill material be brought to site? Yes )_ No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? woe Truc,K c. Will wetlands be cr3ssed in transporting equipment to project site? —Yes No If yes, explain steps..that ;will be'-Eiken to lessen environmental impahts. ' "• "' Mr.4 MrS Eras 'R�cdes Applicant or Project Name Signature ,A-- — �G Date Revised 03195 Ymm Y_m May Ili, 199 0 ' a a x 9 0 U N U —�rmm Ali '006,0, die'-' 77 a// 41 po'o/. P P4f- 3 oP3 G.Poss /,vHe!- —L7 AeF—�h ei�V Y� F.(N%/J'A.cle C�l?✓Xe%. sole m,ay i/v, i59� j-;Ile,- c loi) APPLICATION TRANSMITTAL/PROCESSING RECORD A) Applicant: T. Earl Rhodes County: Tyrrell Location of Project: End of SR 1211 (River Neck Road) on the Scuppernong River Date Application Received Complete by Field: 21 May 1996 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached Field Representative: D. Moye District Manager B) Date Application Received in Ra Public Notice Rec'd: _t Adj. Rip. Prop Notices Rec'd: Application Assigned to: C) 75 Day Deadline: Fr- `- 96 Mail Out Date: Federal Due Date: G -36 -9�0 / Permit Final Action: Issue Deny D) To be Forwarded X District Office: Washington Fee Rec'd: $ 2 9'0;-(°/ Notice Date: 6 - 27-yy Deed Rec'd: T j -'I0 -9 150 Day Deadline: State Due Date: Fed. Comments Rec'd on 6-tlt-94S Draft on -2- /- sL AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office S- ,,,q_y` Division of Comm. Assistance Land Quality Section _ Div. of Env. Management _ I State Property Office Div. of Archives & History 6.af-Cq ✓ '/" Div. of Env. Health T - �- Div. of Highways Wildlife Resources Commission Ver Div. of Water Resources L_t�-4L g.Zc 96 Div. of Marine Fisheries TO: John Parker THROUGH: Terry Moore 11" FROM: David Moye-P SUBJECT: EjjJ&%Ms Permit Application DATE: 22 May 1996 Specific use standard 07H.0208(b)(9)(A) limits riprap groin length to 25' unless a longer structure is justified by site conditions among other things. It is the property owners contention that 40' offshore gets the structure past the sand in transport and will allow the mouth to stay open. It is important to note that sand is only evident along this shoreline for another 100' and then a wooded wetland area protrudes out into the river. After looking at the site as well as photographs I believe the applicant is correct and the additional length is warranted in this case. If the permit is issued, I recommend that in addition to the standard conditions, the following co rtions be added; 1. No excavated material will be placed at any time in any vegetated wetlands or / surrounding waters. 2. Excavation will not exceed 6 feet below the normal water level. "3. The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 4. 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. 5. The rock material will be clean and free of any pollutants, except in trace quantities. MEMORANDUM T David Moye FR John Crew DAT 28 May 1996 SUBJ T: Earl Rhodes Project: SR 1211, Scuppernong River, Tyrrell County This proposal includes 2 rock jetties 12' by 50' extending 40' into the Scuppernong River and excavation of a 20' by 65' access channel between the 2 jetties. The proposal is located at the above site and comes under the auspices of the July 1994 CRC certified Tyrrell County Land Use Plan update. Public Trust Areas, Estuarine Waters and Estuarine Shoreline AECs are involved. The 1994 plan offers the following limited guidance on proposals of this type: County policy on AECs (page 67) is to "permit those land uses which conform to the general use standards of the North Carolina Administrative Code as amended for development within the estuarine system." Also on this page the county notes its current policy is the same as that in 1985 and that it adheres to those uses and standards in 15 NCAC 7H for the estuarine system. County policy on economic and community development (page 80) is "Generally speaking the residents and officials of Tyrrell County are in favor of growth in the form of environmentally responsible economic and community development." The county's land classification map shows the landward portion of the project in the Community land class while by definition (page 102-104) the waterward portion of the proposal is in the Conservation land class by virtue of being in various AECs and is referenced to the policy section on AECs above in item 1. The community land class (page 1010-102) provides for clustered mixed land uses to meet housing, shopping, employment and public service needs within the rural areas of the county. My opinion is if this proposal can be accomplished in accordance with applicable AEC standards, it would not be inconsistent with the county's classification nor policies. cc: P��re ton Pate tXhR Parker >yRR4L MAY 30 COA 9- A7ANAGE-ET 6 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 28 May 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator ATT �:' ivv �EHNIR MAY 2 9 1996 5 M6 DINF-PUB. TUSUBLAN PS. SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: T. Earl Rhodes Project Location: End of SR 1211 (River Neck Road) on the Scuppernong River, Tyrrell County, North Carolina Proposed Project: To construct 2 rock jetties 12' wide by 50' long and between them excavate a 20' by 65' access channel. Please indicate below your position or viewpoint on the proposed project and return this form by 18 June 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described �in the attached comments. Signer a iU�/ Date 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 11 June 1996 MEMORANDUM TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowsk� SUBJECT: CAMA/DREDGE & FILL Permit Application T. Earl Rhodes Proposal Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc 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 State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Marine Fisheries James B. Hunt, Jr., Governor p F_= H N Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: P. A. Wojciechowski, Permits Processing Coordinator FROM: Sara E. Winslow, Biologist Supervisor SUBJECT: T. Earl Rhodes Proposal DATE: June 3, 1996 The following comments by the North Carolina, Division of Marine Fisheries are provided pursuant to General Statute 113-131. Scuppernong River functions as a spawning and nursery area for alewife and blueback herring. The area also functions as a nursery for spot, croaker, white perch, striped bass, American shad, blue crabs and other commercially and recreationally important species. This agency approves of this project with the following modifications. The Division requests a dredging moratorium associated with the channel excavation. The moratorium time period is 15 February through 30 September. This will ensure the environmental integrity of the area is protected during critical times of usage by the above mentioned species. 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 State of North Carolina Department of Environment, Health and Natural Resources v Division of Marine Fisheries James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: TO: John R. Parker, Jr., DCM Major Permits Process .ng Coordinator FROM: Sara E. Winslow, Biologist Supervisor SUBJECT: T. Earl Rhodes Proposal DATE: 24 June 1996 OW After discussions with Mr. David Moye, DCM, concerning Mr. Rhodes project this agency has been informed that the actual dredging is less than previously thought. Therefore, DMF removes the dredging moratorium requests. REc�ivE� JUN �� p996 MNoll AENT 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 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: FROM: SUBJECT: June 4, 1996 Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program John Parker, Jr. Major Permits Processing Coordinator 1, X XA ` L [DEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: 'des PROJECT LOCATION: End of SR1211 (River Neck Road) on the Scuppernong River, Tyrrell Co. PROPOSED PROJECT: To construct 2 rock jetties that will extend in the River, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by June 25, 1996. 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. LL I2; ] 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. }-,. s agency objects to the project for reasons described in the attached comments. — Signed W,QY, �r4�1� e Cca� ^s`' Date lr-� New ac. ' P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/AfflrmatNe Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper ® North Carolina Wildlife Resources Commission KN 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 L FROM: W William Wescott, Coastal Coordinator Habitat Conservation Section DATE: June 13, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for T. Earl Rhodes, end of SR1211, Scuppernong River, Tyrrell County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. 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 construct 2 rock jetties 12 ft. wide at the base by 50 ft. long which will extend 40 ft. into the Scuppernong River and excavate a 20 ft. by 65 ft, access channel 0, between them in the river. Waters at the site are classified as SC. � ' or RK 40 According to the applicant there is very little if any erosion occurring at the site. If r"le�le patd erosion and sedimentation is not a problem then it is unclear the need for the.2 jetties. We do not Y_,w °'t I oppose the excavation of the channel but we request that the jetties be deleted from the project. W` s,,n. LVr P fJ We appreciate the opportunity to review and comment of this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. 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 28 May 1996 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management WASH NGTON OFFICE MAY 2 8 1996 MLIL FROM: John R. Parker, Jr. RECEIVED Major Permits Processing Coordinator MAY 3 0 1996 SUBJECT: CAMA/Dredge and Fill Permit Application Review ENy'RONWNTAt SCIENCES Applicant: T. Earl Rhodes Project Location: End of SR 1211 (River Neck Road) on the Scuppernong River, Tyrrell County, North Carolina Proposed Project: To construct 2 rock jetties 12' wide by 50' long and between them excavate a 20' by 65' access channel. Please indicate below your position or viewpoint on the proposed project and return this form by 18 June 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481. When appropriate, in-depth comments with supporti ta'" is requested. cl� ✓ l)FCt� UNj,2�F� t�FNT REPLY This office has no objection to the project as propo This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. 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. and Mrs. T. Earl Rhodes Route 2, Box 199E Columbia, NC 27925 Dear Mr. and Mrs. Rhodes: AN��' 1:3FEE HNFFI June 8, 1996 Tyrrell County DEM Project # 960530 You have our approval to place fill material in 1,200 square feet and dredge 1,300 square feet of waters for the purpose of constructing two rock jetties at your property off of SR 1211 at Scuppernong River, as you described in your application dated 28 May 1996. 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 any 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 letter. 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. Sincerely, R.ston oward, Jr. P.E.CRAINA Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field OfficeWashington DEM Regional Office Mr. John Domey Central Files John Parker; DCM 960530.1tr 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/l0% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Coastal Management James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary E H N FR Roger N. Schecter, Director 28 May 1996 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: T. Earl Rhodes Project Location: End of SR 1211 (River Neck Road) on the Scuppernong River, Tyrrell County, North Carolina Proposed Project: To construct 2 rock jetties 12' wide by 50' long and between them excavate a 20' by 65' access channel. Please indicate below your position or viewpoint on the proposed project and return this form by 18 June 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. IZ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for sons described in tthh ttached comments. Signed f `���" c��`�L Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunfty 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 June 4, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: T r.Ea l Rhodes PROJECT LOCATION: End of SR1211(River Neck Road) on the Scuppernong River, Tyrrell Co. PROPOSED PROJECT: To construct 2 rock jetties that will extend into the River, etc. Please indicate below your agency's position or viewpoint on the proposed project and rm by June 26, 1996. If you have any questions regarding the proposed project, please J at 733-2293. When appropriate, in-depth comments with supporting data are req d. % F�£IVFII REPLY This agency has no objection to the project as propose zThis agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. /This agen obj to the project for reasons described in the attached comments. Signed 2v Date P.O. Box 27687, N7`�C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/AfflrmaFNe Action Employer Voice 919-733-2293 Tyl? 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 June 4, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator E)EE H NFR CAMA/DREDGE & FILL Permit Application Review A 9eCeyl9�� APPLICANT: es PROJECT LOCATION: End of SR1211 (River Neck Road) on the Scuppernong River, Tyrrell Co. PROPOSED PROJECT: To construct 2 rock jetties that will extend into the Scuppernong River, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 26, 1996. 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. ow- 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�/ �C1J P-- Datek inl T�— P.O. Box 27687, �`y� C FAX 919-733-1495 An Equal Opporiuntiy/Affirmative Action Employer Raleigh, North Carolina 27611-7687 Nr Voice 919-733-2293 d� 50% recycled/10% post -consumer paper JUN 19 '96 03:06PN P. State cl N rth Carolina Depart e t of Environment, Health n Natural Resources a, t� Division o oastal Management Q � ; F , t James Hunt, Jr., Governor w ■ Jonathan B. Howes, Secretary JUN 1 " "'-� `!J Roger N. Schecter, Director MEMORANDUM TO: SUBJECT: i::s. i', rJt li8WIIWF IiEALTH Ms. Linda Sewall, Director Division of Environmental Health ohn Parker, Jr. Major Permits Processing Coordinator ��CE11�a JUN 5 DIV. OF ENVIRONh1ENTAL HEAUH CAMA/DREDGE & FILL Permit Application Review APPLI' ANT: T Fames ROJECT LOCATION: End of SR1211 (River Neck Road) on the Scuppenrong RiN , : Co. PROPOSED PROJECT: To construct 2 rock jetties that will extend into the River, etc. a5se indicate below your agency position or viewpoint on the proposed project and return this form by J❑nt 25; 1996. If you have any questions regarding the proposed project, please contact John Parker at \When appropriate, in-depth comments with supporting data are request REPLY—_ This agency has no objection to the project as proposed. / / T!� _ 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 corrvnents. �j Signed_[ Date G.O. Box 27687, 1 � n C Rolelgii, tve�h COfGling i1nG 27611-7087 Voice 919-733-2293 FAX 919-733-149; An Equal Opp:Wunity/Affirmative =,:. x Employer 50%recvaed/10%oost-consun;�>i a er 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 28 May 1996 MEMORANDUM TO: Mr. William McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator IRY AFT�:' ID FE F1 J' 46 - -4, RECEIVED JUN19 1998 Coasrtil M�E`IA.GFg1ENT SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: T. Earl Rhodes -_9 : �- Project Location: End of SR 1211 (River Neck Road) on the Scuppernong River, Tyrrell County, North Carolina Proposed Project: To construct 2 rock jetties 12' wide by 50' long and between them excavate a 20' by 65' access channel. Please indicate below your position or viewpoint on the proposed project and return this form by 18 June 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 1 This office has no objection to the project as proposed. L This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. _ is office objects to the proposed project for reasons described n attached comments. Signed Date It V 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 Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 4, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator [DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: T. Earl Rhodes PROJECT LOCATION: End of SR1211 (River Neck Road) on the Scuppernong River, Tyrrell Co. PROPOSED PROJECT: To construct 2 rock jetties that will extend into the River, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 26, 1996. 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. � JUN�C�F REPLY This agency has no objection to the project as proposed. 0� Mg�OS;q/�9g6 This agency has no comment on the proposed project. JfNT This agency approves of the project, only if the incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed L('iYtQQ_ Date �j on. P.O. Box 27687, ��C FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice919-733-2293 }�RJ� 50% recycled/10% post -consumer paper s 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 June 4, 1996 131 Diu (a);7:11G 11113 1 TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator IDEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: T.s PROJECT LOCATION: End of SR1211 (River Neck Road) on the Scuppernong River, Tyrrell Co. PROPOSED PROJECT: To construct 2 rock jetties that will extend into the River, etc. Please indicate below your agency's position or viewpoint on the proposed project and return June 26,1996. If you have any questions regarding the proposed project, please contact J 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. / k 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 �/z4 i/it, P.O. Box 27687, N7`�C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper APPLICATION TRANSMITTAUPROCESSING RECORD �� / 3 A) Applicant: T. Earl Rhodes County: Tyrrell 1�2('O/ Location of Project: End of SR 1211 (River Neck Road) on the Scuppernong River Date Application Received Complete by Field: 21 May 1996 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 Raleigh: Fee Rec'd: $ Public Notice Rec'd: End of Notice Date: Adj. Rip. Prop Notices Rec'd: Application Assigned to: C) 75 Day Deadline: Mail Out Date: D) Federal Due Date: Permit Final Action: Issue Deed Rec'd: T 150 Day Deadline: State Due Date: Fed. Comments Rec'd on Deny Draft on AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office Division of Comm. Assistance Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission Div. of Water Resources AY 3 0 1A6 Div. of Marine Fisheries 110LtiaLTU5&U_J ............................... MEMORANDUM 3L 1�:36 T David Moye ' MAY FR John Crew «■""". ..........-- •� DA 28 May 1996 S T: Earl Rhodes Project: SR 1211, Scuppernong River, Tyrrell County This proposal includes 2 rock jetties 12' by 50' extending 40' into the Scuppernong River and excavation of a 20' by 65' access channel between the 2 jetties. The proposal is located at the above site and comes under the auspices of the July 1994 CRC certified Tyrrell County Land Use Plan update. Public Trust Areas, Estuarine Waters and Estuarine Shoreline AECs are involved. The 1994 plan offers the following limited guidance on proposals of this type: • County policy on AECs (page 67) is to "permit those land uses which conform to the general use standards of the North Carolina Administrative Code as amended for development within the estuarine system." Also on this page the county notes its current policy is the same as that in 1985 and that it adheres to those uses and standards in 15 NCAC 7H for the estuarine system. County policy on economic and community development (page 80) is "Generally speaking the residents and officials of Tyrrell County are in favor of growth in the form of environmentally responsible economic and community development." The county's land classification map shows the landward portion of the project in the Community land class while by definition (page 102-104) the waterward portion of the proposal is in the Conservation land class by virtue of being in various AECs and is referenced to the policy section on AECs above in item 1. The community land class (page 1010-102) provides for clustered mixed land uses to meet housing, shopping, employment and public service needs within the rural areas of the county. My opinion is if this proposal can be accomplished in accordance with applicable AEC standards, it would not be inconsistent with the county's classification nor policies. cc: .Preston Pate John Parker DIVISION OF COASTAL MANAGEMENT FIELIS INVESTIGATION REPORT 1. APPLICANT'S NAME: T. Earl Rhodes 2. LOCATION OF PROJECT SITE: Tyrrell County end of SR 1211 (River Neck Road) on the Scuppernong River near Columbia Photo Index - 1995: 131-1399; R-12 1989: 1-62-1; N-19 • 1984: 101-949; A-21,1321 State Plane Coordinates - X: 2,795,200 Y: 809,700 Columbia West Quad. (upper right comer) 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/21/96 05/13/96 Was Applicant Present - YES YES 5. PROCESSING PROCEDURE: Application Received - 05/21/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Tyrrell County Land Classification From LUP - Community (Land), Conservation (Wetlands) (B) AEC(s) Involved: PTA,EW,ES (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank with drain field Planned -None (F) Type of Structures: Existing - House, barns, pier, boatramp Planned - 2 rock jetties (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRPT)OFT) FTT T PT-1 nm=u (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ±1,300 ft2 ±1,200 ftz River bottom / channel rock jetties (C) Other Uplands (D) Total Area Disturbed: 0.03 acres (E) Primary Nursery Area: NO (F) Water Classification: SC Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct 2 rock jetties 12` wide at the base by.50` long which will extend 40' into the Scuppernong River and excavate a ±20` by ±65` access channel between them in the river. Earl Rhodes Tyrrell County Project setting The project is a f23 acre tract located at the end of SR 1211 (River Neck Road) on the Scuppemong River near Columbia in Tyrrell County, North Carolina. The project site is bordered on the downstream (north) side by a large tract of wooded,wetlands dominated by cypress with some mixed hardwoods and on the upstream (south) side by an area of yard and a small section of wooded wetland adjacent the existing manmade canal. The property is bordered on the upstream (south) side by SR 1211. The property adjacent the project site on the downstream side is vegetated with cypress, lawn grass and an approximately 100 ft2 area of Phra mities on a sand berm closest to the river. As you move landward, a pocket of wooded wetlands extends from the manmade canal into this lawn area. Landward of the wetland finger is a house, bar and several outbuildings, and this area is vegetated with pines, lawn grass, shrubs and several cedar trees. The project site is an existing f20 wide by f100' long by -6' deep canal terminating in a±50' by f50' basin with a 15' wide boat ramp in the southeast comer. A 4' by 63' long dock runs along the south shore in the basin area. Spoil from the recent maintenance excavation of the canal and basin are evident on both sides of the wetland finger. This work was authorized by General Permit No. 015479-13. The elevation of the property at the project site is f2.5' above the normal water level. Scuppernong River is classified as SC by the Environmental Management. Commission. Scuppernong River at the project site is coastal water but is not open to shellfishing. Project description The applicant proposes to construct two t50' long rock jetties at the mouth of the existing manmade canal. The rock jetties will project ±40' into the Scuppernong River with abase width of±12' and will extend t10' back into the manmade canal to protect the mouth from erosion. At the normal water level the distance between the jetties will be ±20' wide and the overall base width including both jetties and the access channel will be±39'. The applicant also proposes to excavate the access channel to insure the full width is -6' out to 65' offshore. This proposed excavation is f20' wide by f65' long by -4' average. Anticipated impacts The project as proposed will result in the filling of f 1,200 ftz of river bottom associated with the creation of the rock jetties as well as the excavation of f 1,300 ft2 of river bottom. The project will result in localized turbidity as a result of the construction activities. David W. Moye 4 22 May 1996 MEMORANDUM TO: John Parker THROUGH: Terry Moores" FROM: David Moye`P SUBJECT: Earl Rhodes Permit Application DATE: 22 May 1996 Specific use standard 07H.0208(b)(9)(A) limits riprap groin length to 25' unless a longer structure is justified by site conditions among other things. It is the property owners contention that 40' offshore gets the structure past the sand in transport and will allow the mouth to stay open. It is important to note that sand is only evident along this shoreline for another 100' and then a wooded wetland area protrudes out into the river. After looking at the site as well as photographs I believe the applicant is correct and the additional length is warranted in this case. If the permit is issued, I recommend that in addition to the standard conditions, the following conditions be added; No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 2. Excavation will not exceed 6 feet below the normal water level. The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 4. 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. 5. The rock material will be clean and free of any pollutants, except in trace quantities. Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark I. APPLICANT R�VP.>=f�erK �ornm� •iilt a. Landbwner: NameT. Ear1(�RkoA -S Address I�i .a doX Iqq E City�lLLm6i Pr State N C, c. Street address or secondary road number Sa lall d. Is proposed work within city limits or planning jurisdiction? Yes --'4— No e. Name of body of water nearest project (e.g. river, creek, sound, bay) ScuonPrNodf9 YiVf?i Zip &rA a5 Day Phone 11 - 711 , Fax N A 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name N/A a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address_ NIA _ki& }.,o VX4,�voi- rock 4i°�_QN_ w,rii, wtd .& E;AzlCkar rarud e:lwd; City N State 140 ReeF cN�o r'ver tea+'H� r c rl •- `, Zip Day Phone Fax c. Project name (if any) NOTE.• per»dt %W be issued in wme ojlmdow r(s), and/or project wme. 2. LOCATION OF PROPOSED PROJECT a. County T4 ITS b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the project be for public, private or commercial use? PC; Val-e- 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. nrx. Ng- 0Fr .+ l ;a . t.00ul'd lie`done by. (raN�ke 66,ie }o hoe plaei,jc� Clare j¢I}�es Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract d 3. 3 6 t acres b. Size of individual lot(s) N,t1 c. Approximate elevation of tract above MHW or NWL f 3.0 d. Soil type(s) and texture(s) of tract e. Vegetation on tract i nm rpLse.s opkIa 4A nrooks f. Man-made features now on tract �611SLZi •)or 4tpP� IN Girl j 011't g. What is the CAMA Land Use Plan land classification of the site? (CAn:utr the tout land we plan.) Conservation Transitional Developed' x Community Res.lelk;0.1 Rural Other h. How is the tract zoned by local government? NONQ i. Is the proposed project consistent with the applicable �INzoning? Yes No (Attach zoning mppllance certificate, if applicable) 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 - X No Are there wetlands *on the site? Y Yes No Coastal (marsh) Other wA" W JFo qJ If yes, -has a delineation been conducted? T NO (Attach documentation, if available) m. Describe existine 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.) SU.r�.c_a C`l�no�C o. Describe existing drinkingg water supply source. COUN411 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 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 :iise of larger drawings.) A site or location inap is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the D..A A nilae 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 rbep�, a I dws . rMori L� , Name C. .. . 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. SW-e &,,aetal ?er.n:+.* 0154-P—''3 T. Earl Rkno es 5-134(p • 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 cert9fy 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 " day of 11Z_, 19_J,� Print Name Lb,Z ,t2 1�?10 19 e4 f- 1 /-10 0 FS Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. ✓ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ 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 FILL (Except bridges and culverts) 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access .channel (MLW),or (NWLj Canal Boat basin Boat ramp Ca.,n.l Rock Nor46 . groin rrside .�LL+6 sidz Rock breakwater Other (Excluding sho`eline stabilization) Average Final Existing Project Length Width Depth Denth 50` 9.•Top k � <r. r. I. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards is ra. yas b. Type of material to be excavated C_�7 Sarlo c. Does the area to be excavated include coastal wetlands (marsh), submerged. aquatic vegetation (SAVs) or other wetlands ='Yes -Y— No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area-.. QN si i n. ki�QNa b. Dimensions of disposal area 35 1 X 200 c. Do yoy 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? ✓ Yes _ No' If yes, where? Frisfir4 h;a%� IatJA Revised 03/95 , Form DCM-MP-2 r- e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes —A- No f. Does the disposal i clude any area in the water? Yes A No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length Seib& 50" Nori'l•ia.So4 5;tlesb�tortn� c. Average distance waterward of MHW or NWL xl�' NWL d. Maximum distance waterward of MHW or NWL 40' N nu L- If yes, (1) Amount of material to be placed in the water N /A (2) Dimensions of fill area 1pt (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 N k (2) Purpose of fill. N946 5. GENERAL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Theexc&qalmeA rActierat LiWe 4ne40,46. wiift be LrnpPA' o.a 67a1, IaAA .ernsiad (Source of information) PempricLt V,%mw1e,&e bfnreo. caNlrollel by lawri Q&sges f. Tyke of bulkhead or riprap material Clw'ff L�rZi 4e, R:f -rap g. Amount of fill in cubic yards to be placed below water level . •(1) Riprap I Da Pau Vd5 (2) Bulkhead backfill h. Type of till material RP R4122 i. Sod rce of fill material l r0 iriA &rVi mny k Kxk QltarYu j oc_ u YY�IN•C. 4. OTHER FILL ACTIVITIES (Excluding:Shoreline Stabilization) a. Will fill material be brought to site? Yes �_ No b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? l;?+arloe - Tru.GK c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. N . Mr. d Mrs. i . LQr I R -ioAes Applicant or Project Name Signature Revised 03/95 .x + Rock Gro;rj 4 Rcesa ChaNrrel -r. Earl Rhodes -Tyrrell CC)Lxr4 �escripkoN o'r 7unC projea flay I lo, ►991n f �e Polloolroa Prod & is desilr4ed +0 creo, e 4. cccess CkaNNe l aNd t-ock jeHics IN order ko rn5e-iruu� etAra ice. ia+o EXisl r4� Car'GL' kbu.si" . The proposet use. Would be -for N's Crab614% ar4d-P5W(gw opera" or Clo4i, Cha►v �oN�ru��'�o� me-i�ocis wou,lci be- i�si�"Il,�% fIeel �i{-h LANder' R;p - Rap To�4 cued d►c�co��+� access .6&6c 6455 Se4T.oA _.S� v��el�Non J �vch lvde7- 4pjGLttcJ ^)?- Pace a of 3 0 ZJ I eje7— Xx�,,vs jY A/,C. D67- P%e- 3 oP3 MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: David Moyee�p DATE: 28 May 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit T. Earl Rhodes Tyrrell County, North Carolina Attached is an application for a CAMA Major and/or a Dredge &i Fill permit which was received by me on 21 May 1996. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. Permit # DCM Coordinator: MAILING DISTRIBUTION: / Permitee I 1 S Agent: DCM Field Offices: Elizabeth City / Morehead City ✓/ Washington y>✓ Wilmington US Army Corps of gngineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (N T) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill -Early Environmental Health: 1rvmtTSaIT[h-- ///I_eY(Y Marine Fisheries: Mike Street %4 NCDOT: Rvberto-Eetaa�}e//s//-_K�.�jaG2 Shellfish Sanitation: Patti Fowler titj State Property Office: Joseph Henderson Water Quality: John Dorney. — � riu John Hennessy (NC -�py- -.rater Resources: John Sutherland %4-1 Wildlife Resources: Bparitl-A4eHeetfy M)A,t,A -fR,AA Bennett Wynne David Cox (NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker A6ENT- IrAPPL/CA t_6' ilndnbd nc 0/'1a/nl An—. State of North Carolina Department of Environment, Health and Natural Resources 4 • Division of Coastal Management James B. Hunt, Jr., Governor his• —�� Jonathan B. Howes, Secretary E H N R Roger N. Schecter, Director June 12, 1996 6 O o D MEMORANDUM 4 TO: P. A. "Ski" Wojciechowski DMF-PUB, TR./SUBLANDS F Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator 12 ` p 1 SUBJECT: CAMA/Dredge and Fill Permit Application Review �OASFAL APPLICANT: T. Earl Rhodes MANAGEMENT W PROJECT LOCATION: End of SR1211 (River Neck Rd.), Tyrrell C '0 PROPOSED PROJECT: Proposing to construct 2 rock jetties and excavate an access channel. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public bust. 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 GLe" Date e 5 C /{Af co.t1 Al Dopy O.� p,L,lp �Do�/09 �.fG C �03 BiL /�2u✓i/Ji�o fai A ,gcc u2,07/' O/sc c/�T/eW✓ P.O. Box 27687, Nis, 4v �FAX 919-733-1495 Raleigh, North Carolina 27611-7687An Equal FAX Action Employer Voice919-733-2293 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 ATTENTON OF June 27, 1996 Regulatory Branch Action ID No. 199604562 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 T. Earl Rhodes for a Department of the Army (DA) permit to excavate an access channel and construct two rock jetties, on property located at the terminus of State Road 1211, adjacent the Scuppernong River, 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. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 3. No vegetated wetlands will be excavated or filled. 4. Excavation will not exceed 6 feet below the elevation of mean low water (MLW). S. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. 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. 8. The authorized structure and associated activity will not cause an unacceptable interference with navigation. -,< -2- 9. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, ,/�/� Raleland, P.W.S. Regulatory Project Manager 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 Mr. John Hefner 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. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 -3- Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 f DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: T. Earl Rhodes 2. LOCATION OF PROJECT SITE: Tyrrell County end of SR 1211 (River Neck Road) on the Scuppernong River near Columbia Photo Index - 1995: 131-1399; R-12 1989: 1-62-1; N-19 1984: 101-949; A-21,1321 State Plane Coordinates - X: 2,795,200 Y: 809,700 Columbia West Quad. (upper right corner) 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/21/96 05/13/96 Was Applicant Present - YES YES 5. PROCESSING PROCEDURE: Application Received - 05/21/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Tyrrell County Land Classification From LUP - Community (Land), Conservation (Wetlands) (B) AEC(s) Involved: PTA,EW,ES (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank with drain field Planned -None (F) Type of Structures: Existing - House, barns, pier, boatramp Planned - 2 rock jetties (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ±1,300 ftz ±1,200 ft2 River bottom / channel rock jetties (C) Other Uplands (D) Total Area Disturbed: 0.03 acres (E) Primary Nursery Area: NO (F) Water Classification: SC Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct 2 rock jetties 12` wide at the base by 50` long which will extend 40` into the Scuppernong River and excavate a ±20` by ±65` access channel between them in the river. Earl Rhodes Tyrrell County Project setting The project is a f23 acre tract located at the end of SR 1211 (River Neck Road) on the Scuppernong River near Columbia in Tyrrell County, North Carolina. The project site is bordered on the downstream (north) side by a large tract of wooded wetlands dominated by cypress with some mixed hardwoods and on the upstream (south) side by an area of yard and a small section of wooded wetland adjacent the existing manmade canal. The property is bordered on the upstream (south) side by SR 1211. The property adjacent the project site on the downstream side is vegetated with cypress, lawn grass and an approximately 100 ftz area of Phragmities on a sand berm closest to the river. As you move landward, a pocket of wooded wetlands extends from the manmade canal into this lawn area. Landward of the wetland finger is a house, barn and several outbuildings, and this area is vegetated with pines, lawn grass, shrubs and several cedar trees. The project site is an existing f20 wide by t100' long by -6' deep canal terminating in a t50' by f50' basin with a 15' wide boat ramp in the southeast corner. A 4' by 63' long dock runs along the south shore in the basin area. Spoil from the recent maintenance excavation of the canal and basin are evident on both sides of the wetland finger. This work was authorized by General Permit No. 015479-13. The elevation of the property at the project site is f2.5' above the normal water level. Scuppernong River is classified as SC by the Environmental Management Commission. Scuppernong River at the project site is coastal water but is not open to shellfishing. Project description The applicant proposes to construct two f50' long rock jetties at the mouth of the existing manmade canal. The rock jetties will project t40' into the Scuppernong River with abase width of f 12' and will extend f 10' back into the manmade canal to protect the mouth from erosion. At the normal water level the distance between the jetties will be ±20' wide and the overall base width including both jetties and the access channel will be f39'. The applicant also proposes to excavate the access channel to insure the full width is -6' out to 65' offshore. This proposed excavation is f20' wide by :h65' long by -4' average. Anticipated impacts The project as proposed will result in the filling of f1,200 ftz of river bottom associated with the creation of the rock jetties as well as the excavation of f1,300 ft2 of river bottom. The project will result in localized turbidity as a result of the construction activities. David W. Moye - 22 May 1996 RmK Gro;N ¢Aces ChOrmel -T. Earl Rhodes -TV r-re.I I CbLkrill ' escr*I'm o•P -H,e projecl- may 11o,199Lo ���� �� �-(-, pro3e& is desived +o ereo-, e q, access CkaNNel a►43 hock jegies iN order +o mo;44a r4 ew�ra.riee ir�ia ex psi �� CaNal base ry • The Q roposed use WMId be -('or WS Crabbi�� Q.ry d-�s�, oPerai-� o� .The e ►rJsl�Il"4f,I�er CCIAcoN��}to^A me�ods � lab ' ;� q•ces5 �CI�a►vN2l UNder Rip -Rap c�ro,� �`� `� b0&6el . P. 1 8473 06.27.1996 14:59 ��O.y` 4iF5H?li Gd.ON r r ASKYTO AVENTION OF Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER; P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 Action ID No. 199604562 June 27, 1996 Mr. John Parker Division of Coastal. Management North Carolina Department o Environment, Health, and Natural Resource.; Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application. of T. Earl Rhodes for a Department of the army (DA) permit to excavate an access channel and construct two rock jetties, on property located at the terminus: of State Road 1211, adjacent- the Scuppernong River, 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. @le recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this Permit must be performed in strict compliance with the permit plans, 2. No excavated cr fill materials will be placed at any time i-1 vegetated wetlands or waters. any 3. No vegetated wetlands will be excavated or filled. 4. Excavation will not exceed 6 feet below the elevation of mean low water (MLW), 5. The temporary placement or double handling of excavated or fill materials within waters or vegetated :;et' -ands is not authorized. 6. No attempt will be made by the perrnittee to prevent the full and free use by the public of all navigable vaters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right cc free navigation on all navigable waters of the United States. 7. The permittee will maintai: the authorized work in good condition and in conformance with the terms and conditions of thi; permit. The permittee is not relieved of this recuirement if he abandons the 3ermitted activity without having it transferred to a third party. 6. The authorized structure and associated activity will not 'cause an unacceptable interference with navigation, WASHIt4GTOP 06.27. 1996 14: 59 P.O3 y -2 9. The activity will he 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 (NCDE,M), 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (319)975-1616, extension 23. Sincerely, 1� Raleagland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section, Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 1401 Reedy Creek Road Raleigh, North Carolina 27507 Mr. John Hefner: 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 26516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region 1V Wetlands, Oceans and Watersheds 9ranch U-S_ Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 20365 -_I RG,R WASHINGTUH a F.17.1990 1 5 : 0 3 R.G4 Mr. Terry Moore, District Washington Regional Office Korth Carolina Division of 1424 Carolina Avenue Ptaehingzon, North Carolina -3- Manage r Coastal. Management 27aa9-2188 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINAA 28402-1890 REPLY TO M 3� 1l1b ATTENTION OF Regulatory Branch Action ID. ill L O Li ; La Applicant �. run I C\�O0L5 Waterway V County _Type Work It: CZ[k Ivn Mr. Larry Hardy Mr. John Parker rDLtk National Marine Fisheries Division of Coastal Management Service, NOAA Pivers Island Beaufort, North Carolina 28516 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 Gentlemen: North Carolina Department of Environment. Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 , T4, e, ' ' Regional Office Division o -Coastal Management North Carolina Department of Environment, Heallth and Natural Resourc s 1 � 4inti1 fJ Pursuant to Action. ID No. 198000291, tic CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before �urr¢, 10, j q � b Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, telephone (919) 975-1616, extension 23. ON 6, 1996Sincerely, CUAS(AL OA NFEqNT Raleigh Bland Regulatory Project Manager Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAR0LINA 28402-1890 REPLY TO ATTENTION OF June 5, 1996 Regulatory Branch Action ID No. 199604562 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 T. Earl Rhodes for Department of the Army (DA) authorization and a State Water Quality Certification to excavate an access channel and construct two rock jetties, on property located at the terminus of State Road 1211, adjacent the Scuppernong River, 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 have determined 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 August 2, 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, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure rN0\Fr-r, Copies Furnished (without enclosure): ZIVED 4 Mr. John Parker JUN 101986 Division of Coastal Management �'"'ILL i(orth Carolina Department of Environment, MANAGEMENT V Health and Natural Resources fs+` Post Office Box 27687 Raleigh, North Carolina 27611-7687 r 5i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF June 5, 1996 Regulatory Branch Action ID No. 199604562 T. Earl Rhodes Route 2, Box 199E Columbia, North Carolina 27925 Dear Mr. Rhodes: 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 May 30, 1996, for Department of the Army (DA) authorization to excavate an access channel and construct two rock jetties, on property located at the terminus of State Road 1211, adjacent the Scuppernong River, 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. 199604562. It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure _2_ Copies Furnished (without enclosure): Mr. John Parker vision of Coastal Management orth 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 Mr. John Hefner 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 Washington, North Carolina 27889-2188 Y 'RECEIVED MAI 101996 COASTAL MANAGEMENT State of North Carolina Department of Environment, Health and Natural Resources f • e Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N R Roger N. Schecter, Director 28 May 1996 Mr. and Mrs. T. Earl Rhodes Route 2, Box 199E Columbia, North Carolina 27925 Dear Mr. and Mrs. Rhodes: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at the end of SR 1211 (River Neck Road) on the Scuppernong River near Columbia in Tyrrell County, North Carolina. It was received on 21 May 1996 and appears to be adequate for processing at this time. The projected deadline for making a decision is 4 August 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(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right -of --way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, ,Z) a,,a �Z_ TX\ 'e, David W. Moye Field Representative Division of Coastal Management Washington Regional Office DWM:pdp ENCLOSURE 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-9763716 An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: David Moye'�p DATE: 28 May 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit T. Earl Rhodes Tyrrell County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 21 May 1996. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. STATE OF NORTH CAROLINA DEPARTMENT OF T'RMSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR Plymouth, North Carolina SECREFARY P. O. Box 928 May 22, 1996 Mr. & Mrs. Earl Rhodes Route 2, Box 199E Columbia, N. C. 27925 Ref: CAMA Dredge and Fill Permit - SR 1211 - Tyrrell Co. Dear Mr. & Mrs. Rhodes: The NCDOT has no objections to your proposed plans. The proposed work is totally within your property limits and does not infringe on our right of way as I understand the application you provided my office. Sincerely, B. V EGGETT DISTRrCT ENGINEER BRL/srw Cc: Mr. David Moye File 9 ivll) EXCEI)T: Those lands described and conveyed in that �!�• certain deed dated October 27, 1977, from T. Earl Rhodes and wife, Clara Mae Davenport Rhodes, to James Earl Rhodes, which is of record in Book 141, page 951, of the Office of the Register of Deeds of Tyrrell County. It is the intention and purpose of this deed to create and vest in the grantees an estate by the entirety with the right of survivorship. The property hereinabove described was acquired by Grantor by instrument recorded in Book 109f page...403 in the Office of the Register of Deeds of Tyrrell County, ................................................................................................................................................................... A map showing the above described property is recorded in Plat Book ................................... page ......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonglE the Grantee in fee simple. And the Grantor covenants with the Granlce, that Grantor is seized of the premises in fee simple, has rile right to col the .same. in fee aifnple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated, Title to the property hereinabove described is subject to the following exceptions: 1• Noncompliance with local, county, state or federal government laws, ordinances, or regulations relative to zoning, subdivision, occupancy, use, construction or the development of the subject property. IN a name b WHEREOF F, the Grantor has hereunto set his hand and seal, or If corporate, has caused this Inslrument to be signed In corporate name by Its duly ai1thorized Officers and Its seal to be hereunto affixed by authority of Its hoard of Directors, file day and year above written. ------------------------------------------------ �� ------ -------------(9E - ----- Corporate Nanle) T. Earl Rhodes ____________________________President ^� U ATTEST; U a ------------------------------- ----(SE _____________________________________________________________(SE, ---------------- ---------- --------------------------------- ------------ ----- ----------- Secretary (Corporate Sean in __________________________________________ SEAL-STATIP • - {IjORTII CAROLIN /z,QG.t L .1 .1 Lr '� _ f VZ; _____ _-_______ ., • �... ��_' � A 7, a Notaey--putlhc of Elie County and State aforesaid, certify that T_.__Ear-1--RhodeS- r . !Perso,nally appeared before ale this day and acknowledged Lite execution of the foregoing Instrument. Witness •• p bald and of Plclnl s(anlp or seal, this t D day at _ 3z rJ y o (S ------ - MY .. ... conml fission expires: ---------____ ---_______%___-_-y - l SEAL-STA51P NORTH CAROLINA-__________________________________County 1, a Notary Public of the County and State aforesaid, certify that gpersonally cane before ale tills day and acknowledged that ____ he Is Secretary A .______________________________________________________ a North Carolina corporation, and that by authority di k _elver and as if,. act of ale cUr40rdt1011, (h0 torQ$Ol\\g Instrument was signed In Its moue by Its ____________ N President, sealed with Its corporate seal and attested by ----------- as its ___________________________ Secret, P Witness my )land and official starnp or seal, (Ills _______day of ___________________________ 19________. Aly commission exPlres:_______________________________________________________________________ Notary Put The foregoing Certificate(s) of _____Nathan T. Eye rett,__C1�Lk_of_:S4pxrlos_ CDurt__fur__Tyrxell__Cntmty -------- -- --------------------------------- North_Carolina------------------ ------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- --------------- Is/are certified to be correct. This Instrument and tills certificate are duly registered at the dale and little and In the Doak and Page shown on I first Page hereof. (/��� ......... Brie 1LJJLJ l ________________ al- ------------------ REGISTER OF DEEDS FOR__________ TYTT2}L1 ______ __ __COON: By___________________________________________________________________Deputy/Assistant- Register of Deeds N. C. Ilar dssec. Farm No. .l ,0 1976. Relked lb 1977 - laa co..,n .. ao, 1v, v,.l\b�.am, N, C. 27055 enmm by PpmMmnl wIls Ole N. C. ea, ame - 1981 ME FILED - o Excise Tax AM I yftpll ('nl nll c, N. 1'. P00U, 1A9L.= Recording Time, Book and Page T1tXAxbcifta ..Map No. T-3.2.... _. Parcel Identifier No. _. _.._.$. __. ._.... Verified b Tyrrell .. _._.__... County on the 20th.., day of ......October .... _........ ....... 1 19..89..... by....... ...._...... .......... ..._ ... ....... _ ........... .............. Wail after recording to.....!'1.Z'......all$..NrS..._T.._.. Earl ... Rhodes __........................ _._......._.. .........__ Route 2, Columbia, NC 27925 .................... _ This instrument was prepared by ...Char,les, W.. Ogletree., Attorney_„at.. Ldw..... Columbia., N.C. _.. Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED 20th October 88 THIS DEED made this .. ... .... day of ... 19, _ _ , by and between GRANTOR T. EARL RHODES GRANTEE T..,PARL RHODES and wife, CLARA MAE DAVENPORT RHODES as tenants by the -entirety with the right of survivorship Enter in appropriate block for each party: name, address, and, if appropriate, characler of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include sold parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certnin lot or parcel of hand situated in the City of _. Columbia... _ Township, County, North Carolina and more particularly described as follows: All that certain tract or parcel of land containing 23.30 acres, more or less, and being in the River Neck Neighborhood of Columbia Township, Tyrrell County, North Carolina, and bounded on the North and East by lands owned now or formerly by Henry Smith, on the South by N. C. Secondary Road No. 1211, lands owned now or formerly by James Earl Rhodes and the Scuppernong River, and on the West by the Scuppernong River, and further being all of the lands described and conveyed in a deed dated October 25, 1955, from Jim Rhodes and wife to T. Earl Rhodes which is of record in Deed Book 109, page 403, which deed and the description therein are incorporated herein by reference. N, ('. Ila, Assoc I-onn No. I ;, 1976. serhed AEI 1977 -- un1--1Ili—a C.- --, em 131, N. C. 2IMS UNITED STATES POSTAL SERVICE • Print your name, address, and ZIP Code in 674 4 � y, SENDER: o -complete items 1 and/or 2 for additional services. I a150 Wleh t0 reC81V0 the 0 •complete items 3, aa, and ab. following services (for an 0 • Prim you name and address on the reverse of this tone so that we can return Ns extra fee): card to you j -Attach this form to the from of the mailpiece, or on the back it space does not t, ❑ Addressee's Address m permit. y •Wdle'Ratum Receipt Requested' on the mailpiece below the article number. p, El Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. 0 0 3. Article Addressed to: 4a. Article Number E S 'a T� �� 0 Service Type 0 u ry u- ^W. U C, ar7 q a� ❑Registered Certified o LJIXN Vu ❑ Express Mail ❑ Insured a ❑ Return Receipt for Merchandise ❑ COD SI 5. Received By: (Pdnt Nam g 6. Signature, (Addressee of b n and fee is paid) Ps Form 3811. December UNITED STATES POSTAL SERVICE I I I I l Postage 8 Fees Paid USP Permit No. G-10 • Print your name, address, and ZIP Cod in this box • VA,cf, 'c� Y z acnv�n. •Complete items 1 and/or2 for additional services, - I also wish to receive the •Complete items 3, 4a, and 4b. following services (for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -Attach this form to the front of the mailpiece, or on the back it space does not 1, ❑ Addressees Address permit. •wste'Retum Receipt Requested' on the mailplece below the article number. 2. ❑ Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. o e.ao.u, naw.........d .... no AMA. Num6nr IfftC d P.0• qI �VnQCLL" rr4c. F ed Certified Mail ❑ Insured osipt for Merchandise ❑ COD and fee is paid)