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HomeMy WebLinkAbout111-96 Williams, SammiePermit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission Permit r X Major Develea of Environmental Concern pursuant to !�'s 118 X Excavation an or puruant to NCGS 113-229 Issued to authorizing development in Hyde ` as requested in the 111-96 dated4/30/96 including attached workplan This permit, issued on -1 -- -':' 9 — 2 1— mpliance with the application (where consistent with the permit), all applicable regulations, special conditiot-a9a4m tes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead Construction 1) The bulkhead will not be positioned farther waterward than two feet from the existing bulkhead alignment at any point. 2) The approved alignment of the proposed bulkhead must be reviewed by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days will require the alignment to be re- approved by DCM within a maximum of 30 days prior to the new expected start date of 3) The bulkhead must be constructed prior to any backfilling activities. co 9UG C��kF 8 (See attached sheets for Additional Conditions) 4f �n�9 �J�A196 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 Secret Chairman of the Coastal Resources Roger M Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. 5 !�f/ Signature of Pemtittee 1 Sammie E. Williams ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as structure. / 5) The bulkhead must be solid and collo other suitable materials approved by epart which may be required for the construction does not authorize any excavation waterw Permit #I11-96 Page 2 of 3 prevent seepage of backfill material through the wood, concrete slabs, metal sheet piles or L No excavation is permitted, except that ai1.*411, deadmen cables, etc. This permit 6) The!backfill material will be obtained from a high otd ce dndi onfined behind the permitted bulkhead. i 7) The fill material will be clean and free of any pollutants, ce . m trace quantities. 8) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Dock Construction -9) The alignment of the proposed dock must be landward of the proposed bulkhead to minimize interference with the navigation in Far Creek. 10) This permit authorizes only the dock and bulkhead expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 11) 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 project without having the permit transferred to a third party. General 12) No sewage, whether treated or untreated, shall be discharged at any time from boats using the dock. Any sewage discharge at the dock shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 13) The permittee and his contractor shall meet with a representative of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation. Sammie E. Williams ADDITION NDITIONS 14) The authorized structure and asso ' d tivity will not cause an unacceptable interference with navigation. 15) No attempt will be made by the permiVri DIV, ull and free use by the public of all navigable waters at or adjacent to the se of the permitted activity must not 'interfere with the'public's 'night to free navigat on.'�n:aigablewaters of the United States. NOTE: The Division of Environmental Management a on a basin fill for this project under General Water Quality Certification No. 302 NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 946-6481 prior to the commencement of any such activity for this determination. Permit 9111-96 Page 3 of 3 State of North Carolina Department of Environment, IMFA ,Health and Natural Resources I • a Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1D E H N FR Roger N. Schecter, Director July 31, 1996 Mr. Sammie E. Williams P. O. Box 454 Engelhard, NC 27824 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, \\ vv John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, ��FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �C An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Permit Class Permit Number NEW STATE OF NORTH=CAROLINA Department of EnvironmntH e, ealih & Natural Resources 1._ and' , t. Coastal Resources Commission ILJ lriiYt4 X Major Development in an Areadf Snv_ironmental Concern pursuant to NCGS 113A-1'18...5 `; 1 X Excavation and/or filling pursuant to NCGS 113-229 RR • u n ♦ n I i T, ► :3rL authorizing development in Hyde County at Far Creek- off of SR1101-in Engelhard 111-96 as requested in the petmittee's application dated4/30/96 including attachedworkplan drawings sheets 1 & 2 of 2 dated 4/30/96 This permit, issued on —7 -- .a 9 — Jf L- , 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. Bulkhead Construction 1) The bulkhead will not be positioned farther waterward than two feet from the existing bulkhead alignment at any point. 2) The approved alignment of the proposed bulkhead must be reviewed by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days will require the alignment to be re- approved by DCM within a maximum of 30 days prior to the new expected start date of construction. 3) The bulkhead must be constructed prior to any backftlling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on 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. Roger N: Sehecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sammie E. Williams Permit #111-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as to prevent seepage of backfill material through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted, except that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material will be obtained from a highground source and confined behind the permitted bulkhead. 7) The fill material will be clean and free of any pollutants, except in trace quantities. 8) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Dock Construction 9) The alignment of the proposed dock must be landward of the proposed bulkhead to minimize interference with the navigation in Far Creek. 10) This permit authorizes only the dock and bulkhead expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permaned part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 11) 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 project without having the permit transferred to a third party. General 12) No sewage, whether treated or untreated, shall be discharged at any time from boats using the dock. Any sewage discharge at the dock shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 13) The permittee and his contractor shall meet with a representative of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation. Sammie E. Williams ADDITIONAL CONDITIONS Permit 9111-96 Page 3 of 3 14) The authorized structure and associated activity will not cause an unacceptable interference with navigation. 15) 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. NOTE: The Division of Environmental Management authorized the basin fill for this project under General Water Quality Certification No. 3025. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 946-6481 prior to the commencement of any such activity for this determination. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF August 21, 1996 Regulatory Branch Action ID No. 199604528 and State Permit No. 111-96 Sammie E. Williams Post Office Box 454 Engelhard, North Carolina 27824 Dear Mr. Williams: Reference your application for a Department of the Army (DA) permit to construct a bulkhead and dock, and place fill material within a manmade basin, on property located off State Road 1101, adjacent Far Creek, in Engelhard, Hyde County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Q•c Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta,'Georgia 30365 Mr. John Parker D' ision of Coastal Management orth 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 Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 AUGCUAa�AI t eP�R�h�Eh'�E� Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT a. Landowner: Name yAMMIG E. Wier jh il� Address 12 O. 13ok 4M 1/j � 1067-FLN4/ZD City State N•G. Z Zip,j2y Day Phone 1;4& 1 Fax b. Authorized Agent: Name Address City Zip Day Phone Fax State c. Project name (if any) W lLwAmr7 6�152o2l0C, NOM: Permit will be issued in w~ of lando r(s), and/or project mme. 2. LOCATION OF PROPOSED PROJECT County N'i-DG c. Street address or secondary road number t4.L6,i2- i1c%1 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) PAZ c QF�y-- 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,,pier, and excavation and/or filling activities. Goti, STRucTiM4 Bu&xi4r-Ap . {DycU41 f ILLI /., CI- }-.X {JIIAih I']e'Ii1 1'lQ�l� b. Is the proposed activity maintenance of an existing project, new work, or both? i6cyTM c. Will the project be for public, private or commercial use? L enenI P_f-,I4L- er 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. REPu+Gf- rxrs;urb t iLA-PiVATefJ r?x�tyileaD lA:;'ri T2�n .-JooD $L, ✓uEAD -T+ Doc" wli'. 4Scplyroli%+- M M.npfLigf� Lr- cpmmzacl.4� i EkA—irD CJOBD). TtiF<,F rA iW lit-S ut,� 4 4n.l 'PAlrzON$ ACCESS Tv "N .lam i- pi DOCk—, 1)QV -11 A-0o t3 vsinG iti i 4 M- pU . d -rtil_ i Jn 7L, Revised 03/95 Form DCM-MP-I 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 15 S -i A&CC�S b. Size of individual lot(s) N I A c. Approximate elevation of tract above MHW or NWL +3' - + 5' d. Soil type(s) and texture(s) of tract SprJp,( AIJO Gi,41( e. Vegetation on tract Ei 2My f. Man-made features now on tract Ramfrn aN; 5 nF j�,ErY)kk U426iw 624W ey1-'>za7c-1 g. What is the CAMA Land Use Plan land classification of the site? (ConraG the local land are plan.) Conservation Transitional ✓ Developed Community Rural Other h. How is the tract zoned by local government? (_ con rr.7,PC;AL, i. Is the proposed project consistent with the applicable zoning? ✓ Yes No (Attach zoning compliance certificale, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes 4c No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No 1. Are there wetlands on the site? _ Yes ✓ No Coastal (marsh) Other If yes, has a delineation been conducted? (Anach documentation, if available) in. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) tiRF.A-cE i'NN Ci'i o. Describe existing drinking water supply source. cc tin ; y ✓j-l—u_Z 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 71.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 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 i-RA04 sw;avr ,e Address moo. 'oK 10 Phone I_r_44 .D} tit G. 119-1-4' Name GNAtJE�Av Address F "F; wl-EAJ20 Phone 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. cdF_ 9tJc,0n1 • 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 _3day of ejZa.� , 19_�4. Print Name Signature I F, 2d� 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-1. 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. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 1. EXCAVATION a. Amount of material to be excnvat-4 ^^l below MHW or NWL in cubic yards NIA b. Type of material to be excavated NIA c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes ✓ - No d. Highground excavation in cubic yards rJonlr 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area tJ1A c. Do you claim title to disposal area? IJ Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? — Yes _ No r1IA If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? tJ 1.4 Yes No f. Does the disposal include any area in the water? t.1)4 Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ✓ Bulkhead Riprap u Length Y(05' ± c. Average distance waterward of MHW or NWL .. f d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material "iQEA i&P 1,�cco' g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 7w93 &.Y" It. Type of fill material !��J CfLY tr 2ut�3 wE FROyA OLD ARAi4 13inIS ArtD 'CP50J I. i. Source of fill material AD D)C.W i G291a,t 2ia 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes ✓ No If yes, (1) Amount of material to be placed in the water R-t � c.r (2) Dimensions of fill area U95 sa iT (3) Purpose of fill Lw Nh er- �-D 13ason! W-VV 466CW OJ CRiNh Fc'a i/%Rb/i. riSrliNp rbc.ryTb ALCWif Pet G;2Lt%K b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area n)!A (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? 8uuK-0EAP o�J wV Rw41Lb 6)nL, FiizAh> Wiw 8E P44T-f D Cii.l F/�iSHld (y12-Apf Or 'P,A(XFfiv b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 8 A c KMw-G c. Will wetlands be cr,ssed in transporting equipment to project site? _ Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. t.l l A 'rU.iAmS %I-AIZ Applicant or Project Name r signantr�e Revised 03195 Form DC -MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. ( a �Dock(s) and/or Pier(s) (1) ✓ Commercial _Community _ Private (2) Number 1 (3) Length 35-o' (4) Width & 0 (5) Finger Piers _Yes No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes ✓ No (i) Number (ii) Length (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines i o' (9) Width of water body 2,00'+ (10) Water d waterward end of pier at MLW NWL — )3' ± b. Boathouse (including covered lifts) Ncc (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) No (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) No (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MEW, NWL or wetlands e. Mooring buoys No (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.)rloNB (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give ronpiete desrripdon) I011I1'amc, 5� Applicant or Project Name J GLiYG�K� , iC' �.It.GIfGLe[a'fl Sipature Date Revised 03/95 VIIW717"ULffII CNEILEFfhP-D/n1•�, C��gyj�JIIIE/r1,G, ewyn /F Iti @kY'T NG RNUWEAD plcs ' llll f ��' f it Ftte 135E9 Deep i'NOs -IS' Ek�STr.vf6r frUlr� IS' [r<,5Y PILIZiH, (ie Pf Rfina _�� F7e5biC0 Iiuugie4c ENDS kr I ,„..1. .. I IIIIII 1 1 ,OAVL6'rM OEAL W4N PRACb$GD DRA��ANE 14' D \,l• \ I` '� \ram/,: IIy I •`sir=. `Ii :`"',\Ii/:'i ii ��'�i:�li� (Z) XIS„yR Ei1/AI�IfiliLl •IAbE III \ �'� ��, _�\ /, 1\/`r �, ,,/i TILE IIII r I it III III I LI III III III N.L,5,2. llol III I r— L�FkCENT7 At�RIL 3o,.lgq(a IIII 111111111 I PRoPa2Bv DacK —^—+ ExrsilN Fl SuIKNFAv , F�vl rNfl 'iILE EX15TINfi GenlcL'ET6 PuD(a5r-v FIu � Pco&n6D DocK PE5r�5 \\� ExI5T,,4 FILL _IjI I I I .I 1� I I I E%ISliM1lfl (iY,XI,FAD 8E rNh i I III I � i� .F�cIs71Nl, Fr-EY>� I' �1i 1'��%v� i�i/- I I ♦i uWiFAD 1-3� I, tL `ICI I PnM 9. 1 1 1 1 AMit-Sp, 199G gr qtr-: I"= erv/ n07 -i-rl wotJ miitll 2 j�2 1 Sy _ 3VOSMLY � 133�SnwbJLj-iyw -a71cy?lly �N ro� abNS •t .� 9 �11y�. Q o ^11 8Q 479t+�nr� ' II II � :• I I woz wad row36 . • I I r�lrkiLarrdd ,F _ I I 4nlddtn7aro deb ' I 1II43do „zl x„2 -•,I I 5z734nIzy1S „ tl x „2 l��d onb - �zIF15'?IW>'�CL _ N1 v dyad p I I 11 xn2 IMN _ a73a „zl x„z �i1s� �ds�50-dzn„il -�.i SL`Qj. '3L9suaZ1g „-)I 3 Yd �N N 0x,9 a�—ate r��10zf7 '1�J CS 'S1.'ly. a��t� (yOl r�y,v�1� -It171��,1 TIC [Y3�i¢SmJ�I ® 1i1� d35gj.2� ® _ - wo 71 ,vr 'n ytxa „id ,95o o0d do dal •a •a9,rtl d„3H�nrlg �JN:I-41x� . dvfinnn9 d�f}pi45 4rna,�nb 4N1GX9 s:c 1 1 �ara� •aL � -ny cl3aod'9J d°doy' �d aa�eoad �4i J'a ay r" =i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sammie E. Williams 2. LOCATION OF PROJECT SITE: Off SR 1101 adjacent Far Creek in Engelhard, Hyde County, NC Photo Index - 1995: 114-1227 I4, J3 1989: NA 1984: NA State Plane Coordinates - X: 2,893,650 Y: 633,400 (Engelhard East Quad Lower Left Corner) 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/7/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 5/10/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed - Land; Conservation - Water (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Tank Planned - NA (F) Type of Structures: Existing - Bulkhead, metal building, remnants of a grain operation Planned - Bulkhead, dock (G) Estimated Annual Rate of Erosion: NA Source - NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED. OTHE (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 2,100 ftz (Creek Bottom) (Shaded) (C) Other 1,145 ft2 (Manmade Basin) (D) Total Area Disturbed: .07 acre (E) Primary Nursery Area: Yes (F) Water Classification: SC HQW Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a bulkhead, fill an existing manmade basin, and construct a dock. r Sammie E. Williams Construction of a bulkhead, fill and existing basin and construct a dock Engelhard, Hyde County Project setting The project site is located in Hyde County on SR 1101 adjacent Far Creek in Engelhard, North Carolina. The area of the project site is the former Cargill grain operation. Structures currently on the project site are a t 6,300 ft2 metal storage building , remnants of the grain bins, and a f465' long steel sheet pile bulkhead. The applicant has currently filled f375 ft2 of a±40 ft long by ±30 ft wide manmade basin onsite the project site for which the Division has taken enforcement action. The vegetation on the project site consists primarily of lawn type grasses, however the majority of the area is covered by the remains of the grain bins. No Coastal Wetlands are present at this site. Far Creek is classified as SC HQW waters by the Environmental Management Commission. Although Far Creek is designated as a Primary Nursery Area by the Division of Marine Fisheries it is closed to harvesting shellfish. Project description The applicant is proposing to construct a t465 ft long wooden bulkhead in roughly the same alignment as the existing bulkhead. The proposed bulkhead would create a straighter shoreline and would extend across the opening of the existing basin described above. The applicant is then proposing to place f 1,145 ft2 of fill material to a depth of f4 ft in the basin for a total of t170 cu. yd. The material to be used as fill will consist of broken concrete from the destruction of the grain bins and top soil from an upland source. The Applicant is also proposing to construct a±350 ft long by 6 ft wide dock waterward of the proposed bulkhead. The purpose of the proposed project is for increased dock space for commercial fishing vessels. Anticipated impacts The proposed project will result in the filling off 1,145 ftz of open water in the manmade basin and the shading of f2,100 square feet of creek bottom from dock construction. The installation of the bulkhead and pilings for the dock may result in short term, localized turbidity. Jeffrey R. Schaffer - 14 May 1996 Washington Regional Office ►" APPLICATION TRANSMITTAL/PROCESSING RECORD A) Applicant: Williams Seafood, Inc./Sammie E. Williams County: Hyde Location of Project: Off SR 1101 adjacent Far Creek in Engelhard Date Application Received Complete by Field: 10 May 1996 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: J. Schaffer District Office: Washington District Manager Review: p B) Date Application Received in Ra ei ~� /� Fee Rec'd: $ w MAY 17 "J Public Notice Rec'd: COASrAL996Fn f Notice Date: Adj. Rip. Prop Notices Rec'd: co MANAGEMENT CODeed Rec'd: Application Assigned to: �QO�.OrD�. 9 � � — 26 C) 75 Day Deadline: 150 Day Deadline: ail Out Date: S _ A 6 - � State Due Date: ederal Due Date: — 50 ' Fed. Comments Rec'd on �� (� Permit Final Action: Issue d Deny Draft on —It 151 "lr°l AGENCY DATE CROERM RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office �! Division of Comm. Assistance Land Quality Section 1b3 'P Div. of Env. Management State Property Office b Div. of Archives & History Div. of Env. Health !� Div. of Highways Wildlife Resources Commission _ �a I Div. of Water Resourc s v. of Marine Fisheries --)(i �� r' 1i State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker THROUGH: Terry Moore! FROM: Jeff Schaffer J RS DATE: 14 May 1996 SUBJECT: Sammie E. Williams Major Permit Application rr �� U-)EHNF3 Mr. Sammie Williams has submitted an application for a proposed project at the former Cargill property off SR 1101 adjacent Far Creek in Engelhard, Hyde County, NC. The applicant is proposing to construction a bulkhead, fill an existing manmade boat basin, and construct a new dock. Mr. Williams has recently placed t375 ftz of rubble and earthen fill material in the basin for which I have issued a Notice of Violation. Since he had already submitted the subject application, I am not requesting restoration at this time. After reviewing the application and Subchapter 7H.0206, .0207, .0208, and .0209, I conclude that the applicant's proposal is consistent with these AEC guidelines. If the project is permitted, I recommend the following conditions be added to the permit: 1. The*lignme of f the proposed bulkhead must be aid by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days will require the alignment to be re -approved by DCM within a maximum of 30 days prior to the new expected start date of construction. � 2. The bulkhead must be constructed prior to any backfilling activities. 3. The bulkhead must be structurally tight so as to prevent seepage of backfill material through the structure. s 4. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6 5. The backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 6. The alignment of the proposed dock must be landward of the proposed bulkhead to minimize interference to the navigation of Far Creek. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-9466481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper John Parker May 14, 1996 Page 2 7. No sewage, whether treated or untreated, shall be discharged at any time from boats using the dock. Any sewage discharge at the dock shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. C8. This permit authorizes only the dock and bulkhead expressly and specifically set forth in the permit to application. No other structures whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 1 1 9. 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 project without having the permit transferred to a third party. j 10. The permittee and his contractor shall meet with a representative to the Division of Coastal Management and the Army Corps of Engineers prior to project initiation. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 946-6481 prior to the commencement of any such activity for this determination. If you have any questions, please call me at (919) 946-6481, extension 299. 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 May 31, 1996 TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker 0 - 4�i L-A� 0 k EDEHNFR Major Permits Processing Coordinator SUBJECT: CAMA/Dred ill Permit Application Review APPLICANT: S 'e E. W_ - . � T N N : 3 1996 DMF-PUB. TUSUBLANDS PROJECT LOCATION: Off SR1101 adj. Far Creek in Engelhard,l► Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY G/here are no known public trust conflicts with the project location or -dessgR. 7-, f/s /S "52 -M N//G�/j�J 9itA/Fora ys✓c. yeT c A` e- cd�T There appear to be public trust conflicts that require additional investigation. Approximately _ days addstional review time is needed. is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed •� 9 ja f7ic o,� so _ Date >;/S//� RECENE 96 w 4leoo ENt P.O. Box 27687, �FAX919-733-1495C An Equal Opportuntiy/Affirmative Action Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293 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 15 May 1996 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources E:) FEE FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit "cation Review Applicant: Williams Seafood Inc./Sa mie E. Williams Project Location: Off SR 1101 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a bulkhead, fill and existing manmade basin and construct a dock Please indicate below your position or viewpoint on the proposed project and return this form by 5 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer 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 1,=ed comments. 1 Signed Date If'ZZ—% 1 MAY'231996 c ,I.SFA1 MANAC&REN1 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer 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 15 May 1996 MEMORANDUM TO: Mr. William McNeil, Director Division of Community Assistance AJA A E)EHNF1 FROM: John R. Parker, Jr. C' �F Major Permits Processing Coordinator Mgy�,g��Ff s,96`, SUBJECT: CAMA/Dredge and Fill Perna -Application Review w Applicant: Williams Sed Inc./Sammie E. Williams 9 4foo Project Location: Off SR 1101 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a bulkhead, fill and existing manmade basin and construct a dock Please indicate below your position or viewpoint on the proposed project and return this form by 5 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer 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. his ffice objects to the proposed project for reasons described in a ched c ents. Signed Date /6 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 May 29, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator 1WA t 0 ���2- a W IDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: ammie E. Williams PROJECT LOCATION: Off SR1101 adjacent Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a bulkhead, fill an existing manmade basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 19,1996. 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. 12 REPLY This agency has no objection to the project as proposed. �� Rfcc�ivEQ / JUN 111996 \/ This agency has no comment on the proposed project. COAS FAL MANAGEMENT This agency approves of the project, only if the recommen :MANAGEMENT incorporated. See attached. < This agency bjec a project for reasons described in the attached comments. Signed Date P.O. Box 27687, ;* FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NiA f C An Equal Opportunity/AfftrmatNe Action Employer Voice 919-733-2293 , 50% recycled/10% post -consumer paper mm 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 May 29, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator A 7! �...t- 1 IDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sam ie E. Williamsy�y PROJECT LOCATION: Off SR1101 adjacent Far Creek in Engelhard, Hyde Co PROPOSED PROJECT: To construct a bulkhead, fill an existing manmade basin, Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 19,1996. 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. r,/ 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 a ency objects to the project for reasons described in the attached comments. Signed Date 0 P.O. Box 27687, �FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293? 50% recycled/10% post -consumer paper UN 19 196 03:03Ph1 StateUN'rth Carolinapepat of Environment, Hea4thNatural Resources , d Y. ` 1 • • Division of Coastal Management j; JUN v IL �t .lames B. Hunt, Jr., Governor p E H N R Jonathan B..Howes, Secretary Roger N. Schecter, Director DO, Of ENVIRONMENTAi N€Aj,1Nj May 29, 1996 MEMORANDUM TO: Ms. Linda Sewall, Director Division of Environmental Health FROM: John Parker, Jr. :Major Permits Processing Coordinator RECE VED ,/UN 8 ''99C Of fNVIRONNI1Vr ye41T6 SUBJECT: CANIA/DREDGE & FILL Permit Application Review APPLICANT: Sam ieE-IWillims ROJECTLOCATION: O2adjacent Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a bulkhead, fill an ehsiting manmade basin,ete. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June :19,1996. 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. PLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. • � n Signed Date A 8 P.Q. Box 27687, l � �4fCAr�E,4.:r p FV 919-733-1495 Ralei h, North Carolina27611-7687 1'O portunity/Affirmative Action Employer \/Nra 010.749d904 SFwwrr /1 ng;. nnxbnnnn imar nnnar 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 May 29, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator 1� IDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sa mie E. W s PROJECT LOCATION: Off SR1101 adjacent Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a bulkhead, fill an existing mamnade basin, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by June 19, 1996. If you have any questions regarding the proposed project, please contact JohW,, 7- 3- 2293. When appropriate, in-depth comments with supporting data are requested. L I L0 Z91996 REPLY This agency has no objection to the project as proposed. JUN �. �„A, MANAGE�ENj This agency has no comment on the proposed project. This agency approves of the project, only if the recommended c incorporated. See attached. This a ency objects totheproject for reasons described in the attached comments. Signed U►.Jlk- ki 3&;6• 4o,ci 1w Date G-it-9y iJ &UPL May 21, 1993 P.O. Box 27687, FAX 919-733-1495 N%`- Raleigh, North Carolina 27611-7687 r An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 �=111 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 May 29, 1996 Ir�11NuCe 17 a 1 001 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator ,?WA EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sa ie E. Williams PROJECT LOCATION: Off SR1101 adjacent Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a bulkhead, fill an existing manmade basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 19,1996. 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. 11 RINI Y This agency has no objection to the project as proposed. 'JUh2Cj/vkg Gov,'A1�6 This agency has no comment on the proposed project. NAGFMENT 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 Date Y P.O. Box 27687, �� C FAX 919-733-1495 An Equal opportunity/Affirmative tunny/Affi matve Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina RECEIVED Department of Environment, MAY p 1 1996 � Health and Natural Resources 4 Division of Coastal Management ENyIRONMEN7AL SCIENIrn James B. Hunt, Jr., Governor ^u ��+ Jonathan B. Howes, Secretary C) FE H N FI Roger N. Schecter, Director 15 99P MEMORANDUM TO: Mr. A. Preston Howard, P. Division of Environmental 1 FROM: John R. Parker, Jr. Major Permits Processing Coordinator WASH NG E OFFIcE MAY 16 1996 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Williams Seafood Ine./Sammie E. Williams Project Location: Off SR 1101 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a bulkhead, fill and existing manmade basin and construct a dock Please indicate below your position or viewpoint on the proposed project and return this form by 5 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer 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. SignedilmL� Lo Date �� t 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 May 29, 1996 u u IRTM 1 u TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator IDEHNFR o QX1 a r JUN $ 1996 SUBJECT: C DGE & FILL Permit Application Review APPLICANT: S7ieillims PROJECT LOCATION: Off SR1101 adjacent Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a bulkhead, fill an existing manmade basin, etc. Please indicate below your agency's position or viewpoint on the proposed project and return June 19,1996. If you have any questions regarding the proposed project, please contact Jc 733-2293. When appropriate, in-depth comments with supporting data are requested. ; REPLY This agency has no objection to the project as proposed. v X This agency has no comment on the proposed project. :.►to - 3M 27 1996 cui�tt►� M�pgEMENi 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. I�1Signed '�""u'�� Date G �1 P.O. Box 27687, Raleigh, North Carolina 27611-7687 7�CFAX N 919-733-1495 An Equal OpportunHy/Aifirrnative 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 ATiEHnOR OF June 24, 1996 Regulatory Branch Action ID No. 199604528 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 Sammie E. Williams for a Department of the Army (DA) permit to construct a bulkhead and dock, and place fill material within a manmade basin, on property located off State Road 1101, adjacent Far Creek, in Engelhard, Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following 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. The bulkhead will not be positioned farther waterward than two feet from the existing bulkhead alignment at any point. 3. All backfill materials will be obtained from a highground source and v confined landward of the permitted bulkhead. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. -� 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal produvta,.-r=gani -.materials•r-,&r--.-unsightly-dsbris will tiet-be--mood . 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. ---n—T— -2- -5- 8. The authorized structure and associated activity will not cause an unacceptable interference with navigation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. sincerely,�o1A^� Rale4hland, 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 Pivers Island Beaufort, North Fisheries service Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLYTO ATTENTION OF May 28, 1996 Regulatory Branch Action ID No. 199604528 Sammie E. Williams Post Office Box 454 Engelhard, North Carolina 27824 Dear Mr. Williams: 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 16, 1996, for Department of the Army (DA) authorization to construct a bulkhead and dock, and place fill material within a manmade basin, on property located off State Road 1101, adjacent Far Creek, in Engelhard, Hyde 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. 199604528. 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 L -2 Copies Furnished (without enclosure): JMr. 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 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 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 RENEB JUN 411996 COASTAL MANWEMENi DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 28, 1996 Regulatory Branch Action ID No. 199604528 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek P.oad Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Sammie E. Williams for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and dock, and place fill material within a manmade basin, on property located off State Road 1101, adjacent Far Creek, in Engelhard, Hyde 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 July 20, 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 Copies Furnished (without enclosure): r. John Parker rMANAGEMENT ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 50 P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890�� REPLY OATTENL 10 • q REPLY ION OF P Regulatory Branch Action ID. t g I� O q 51 S Applicant SCIMMI t W t II ilI�w1 S Waterway FQY l mV, County Type Work bu *L_ 1 Mr. Larry Hardy �,,Mr. John Parker 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 10365 Gentlemen: North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 My.. Tttru Moon G6. •.n RegionalOffce Division of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources P.C. 0 IN? dC Pursuant to Action 1D No. 198000291, the CAMA-Corps general permitiprocessing agreement, a State Field Investigation Report is enclosed. Your comment and/or recommendations would be appreciated on or before J_tne 2D . lq q Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, V J'_ + RECEIVE 9 M MAY 23 1996 cOASFAL Raleigh B d CMANAGEMENT Regulatory Project Manager Enclosure State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N F=1 Bruce L. Freeman, Director 25 July 1996 W14 iL Lr3Ti TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski_�Vu SUBJECT: CAMA/DREDGE & FILL Permit Application Williams Seafood Inc./Sammie E. Williams 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 Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce Freeman, Director MEMORANDUM TO: John Parker FROM: lI Katy West9(z) DATE: 22 July 1996 E NR SUBJECT: CAMA Major Permit, Williams Seafood, Far Creek, Hyde County The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject permit are offered pursuant to G.S. 113-131. The applicant proposes to, construct a bulkhead, fill an existing man --made basin and construct a dock. The man-made basin is adjacent to Far Creek and as such takes on its designation as a Primary Nursery Area. The NCDMF does not object to the filling of this man-made basin for the following reasons: 1. The basin area is small, 40 ft x 30 ft. 2. There are no significant areas of coastal marsh or submerged aquatic vegetation in the basin. 3. The basin does not perform an important function in fisheries production. Boat utilization of the basin and associated activities impairs fish production. The NCDMF approves of the proposed project with the following stipulation: A construction moratorium be required from April -September. Far Creek is a PNA and a moratorium will lessen potential impacts from increased turbidity on juvenile finfish and crabs. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-946-3967 An equal opportunity Affirmative Action Employer 50%recycled/ loss 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 15 May 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator AJ� E�FEE HNF1 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Williams Seafood Inc./Sammie E. Williams Project Location: Off SR 1101 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a bulkhead, fill and existing manmade basin and construct a dock Please indicate below your position or viewpoint on the proposed project and return this form by 5 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer 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. Signed 9416 Date 22— ���d -,7% 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-9753716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Suite of North Carolina Department of �mnv;ronment, Health and Natural Resources Division of r0arine Fisheries James S. Hunt, Jr., Governor Jonathan S, Howes, secretary Bruce Freeman, Director P;IFMORANDUM T O: John Parkar FllCrv1: Katy Wast^t (% 22 July 19s6 e b e. IMU" SUBJECT: CAMBIA. Main.- Permit, Williams Seafood, Far Creek, Hyde County The followi119 comments by the North Carolina Division of Marina Fisheries. tt:CDMF) c],I the sub;ue[ permit are offered pursuant to G.S. 113-131. The applicant proposes to construct a bulkhead, fill an existing man-made basin and construct a dock. The man made basin is adjacent to Far Creek and as such takes on its dasig ia,-on as a Pninnry Nursery A,,ea. The NCDMF does not ob;ect to the filling of this man-made basin for thefullowing raasans: 1 . The basin area is small, 40 ft z 30 ft. 2. Thore are no signitican: areas of coastcl marsh or submerged aquatic vegai:4don in the basin. 3. 'rho basin does not perform an important function in fiyhenes production. Boat utilization or the basin ar7e associated ecUvities impairs fish productior. l he NCDMF approves of the proposed project vvith the follotving stipulation; A construction moratorium be required frorn April -September. Far Creek is a RNA and a moratorium will lessen Potential Impacts from increased turbidity on juvenile fi,:fish and crabs. I: 414 Caro llna G4BI -AX 9'19�9d.939GJel Prli-rlt e...,wr' _.... ._n.�"'_] J't OmlSn "�• J Su:11 p: pdUd: ., �LC�o1 �G'orh�o%1c- 6c�a� sAV/Pe V-;es April 30,1996 Mr. Jeff Schaffer NC Division of Coastal Management PO Box 1507 Washington, NC 27889 Dear Mr. Schaffer: Enclosed please find an application to dredge and/or fill submitted in behalf of Sammie E. Williams, owner of Williams Seafood, Inc., located in Englehard, NC. The project site is located at the former Cargill grain property on the south bank of Far Creek. Mr. Williams would like to replace an existing metal bulkhead (which has outlived its usefulness) with a treated wood bulkhead, stabilize the shoreline where there is no bulkhead with a new one, and fill a shallow existing boat basin. The existing corrugated steel bulkhead is in desperate need of repair. Due to the tremendous weight of the eight adjacent concrete grain bins over the years, the original alignment of the existing bulkhead has become irregular. Mr. Williams proposes to straighten the alignment with a treated wood bulkhead so that the large fishing boats can moor at this new facility. Located approximately in the middle of the property, there is a small boat basin with cluster pilings (located at the mouth of the basin). Mr. Williams proposes to extend the wooden bulkhead across the mouth of this basin (1145 sq. ft.) and backfill behind the bulkhead. Approximately 212 cubic yards of fill material from an upland source will be used as backfill for the basin. Topsoil will then be added and seeded to prevent erosion. This will allow just one break in the bulkhead alignment across the Far Creek side of the lot. Mr. Williams would like to bulkhead his property on the southeast corner of the lot (along a boat basin) to the property of Mr. Frank Swindell. In addition, he proposes to add an "L" shaped bulkhead on the northwest corner of his lot from the end of the existing bulkhead so that, when finished, a treated wood bulkhead will extend around all the waterfront of his entire lot (see drawings). All fill will come from an upland source. Should you have any questions concerning this application, please feel free to call me at 919-328-6650. Thank you for a favorable response to this request. Sincerely, Bill Powell Associate Director of Site Development State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED E H N 1=1 Roger N. Schecter, Director 15 May 1996 Mr. Sammie E. Williams Williams Seafood, Inc. Post Office Box 454 Engelhard, North Carolina 27824 Dear Mr. Williams: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1101, adjacent Far Creek in Engelhard, Hyde County, North Carolina. it was received on 10 May 1996 and appears to be adequate for processing at this time. The projected deadline for making a decision is 24 July 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, Jeffrey R. Schaffer Field Representative JRS: pdp ENCLOSURE 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 MEMORANDUM QRJeff Schaffer eOM: John Crew DATE: 16 May 1996 SUBJECT: Sammie E. Williams Proposed: Construct bulkhead, fill existing manmade basin and build a dock, SR 1101 near Far Creek, Hyde County This proposal includes the above activities at the stated location and comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan update. Estuarine Shoreline, Estuarine Waters and Public Trust AECs are involved. The plan offers the following limited guidance on proposals of this type: County land classification (page V-2) notes all AEC use and performance standards must be met for any proposal within an AEC and the county imposes no more restrictions therein. County general policy for economic development (page IV-10) notes any development that enhances the local economy and that is consistent with AEC standards is permissible. The landward area of this proposal is in the Developed land class (page 111-3) which calls 'for the whole range of urban land uses and supporting infrastructures. My opinion is if this proposal can be accomplished in accordance with applicable AEC standards, it would not be inconsistent with the CRC certified 1992 Hyde County Land Use Plan update. cc: Preston Pate —46hn Parker MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: Jeff Schaffer sue` DATE: 15 May 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Williams Seafood, Inc./Sammie E. Williams Hyde County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which `was received by me on 10 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. 5. S• 5 0 60 /au -LC, S /s0 Cy'7oTov - — -x I z --moo sez._i=T--------- -- .A,tj-i --- -- �IOX��/ Lo XL'k,----- II 4 S�vs GF aia e-Y - -1= Ia- IfrSa.fT. 3tio so, fro'io�= 3zoo aF 90.. 8 3' • Campletevitems 1 end/or 2 for additional services. I also wish to receive the • Complete items 3, andea & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the meilpiece, or on the back if space 1. ❑ Addressee's Address doss not permit. • Write "Return Receipt Requested" on the meilpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: I 4a. Article Number CN4PLVT'Tk Ni=JL, I P 33FCrz963z r [n t F ri6A-b, >J IL. a-7 Ed 5. Signature (Addressee) 4b. Service Type ❑ Registered ❑ Insured Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of Delivery ,5" Z Q,b 8. Addressee's Address (Only if request( and fee is paid) 1990 *u.s GPO: 1991-287aee DOMESTIC RETURN RECEIPT UNITED STATES POSTA► SO'�(KjE.f 117 r4C Official Business inr_I "* I PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here Wil UfS i3iA� f-Cl)L,r C.WWA14 Ur/iv6J?5f )Y N,G J7Fs� • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a 6 b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the meilpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the meilpiece below the article numb" • The Return Receipt fee will provide you the signature of the person deliven to: CNF l,eJ�A2b, a.c. a79d q (Agent) I also Wish to receive the following services (for an extra feel: 1. ❑ Addressee's Address 2. ❑ Restricted Delivery ('33%S'zq 433 4b. Service Type ❑ Registered ❑ Insured Z`6ertified ❑ COD ❑ Express Mail ❑ Return Receipt for S - D-`1c He's Address (Only if s paid) n UALGIP0:1991-287-e DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I Official Business - � cf PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here `►()WELL• rr, -r G42oL a,4 UdiVr�s,� Y Mg I STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE. CERTIFIED MAIL FEE. AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see front) 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier !na extra chargel. 2, If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article. date. detach and retain the receipt, and mail the article. 3. If you want a reti5n receipt. write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends it space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, Jim endorse RESTRICTED DELIVERY on the front of the article. '. E 5. Enter fees for the services requested in the appropriate spaces on the front of !his receipt. if u return receipt is requested, check the applicable blocks in item I of Form 3811. I a .S 6. Save this receipt and present it if you make inquiry. U. GPO' 1g960 t-2916 P 338 529 632 Receipt for Certified Mail - No Insurance Coverage Providec o a+aa Do not use for International Mai' (See Reverse) Sam to - L Street and No. P.O., State and ZIP Code Postage $ • 5- Candied Fee /D Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Daj%.QWrpd Q ReluorR g om, . a DateTOT g w NJ $ &Fe `C 1 •75- Post r Date ,, \� Q� US ■ P 338 529 633 I� Receipt for Certified Mail No Insurance Coverage Provided .o .Lod�Fa' Do not use for International Mail (See Reverse) SP."i, W�lt1.�G �V Sueet and No. P.0` S ate anC ZIP Co� ^ � IT rvJ �a Postage $ Certified Fee A /O Spacial Delivery Fee Restricted Delivery Fee Return ReCBlpt Snowing to Whom & Dale Delivered �` /O Rewrn Rec to Date, an d TOTA c $ & Fee fJ,/ Post r Date 'CO STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE. CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see front). 1. It you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a past office service window or hand it to your rural carrier inc extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card. Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back at article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY an the front of the article. 5. Enter tees for ;he services requested in the appropriate spaces on the front of this receipt it return receipt is requested, check the applicable blacks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. ,: U.S. GPO'. 1991-302-916 v O O O M E 0 LL a 15*62 QUIT CLAIM DEED STATE OF MINNESOTA, HENNEPIN COUNTY. THIS DEED, made this 614-day of February, 1995, by CARGILL, INCORPORATED, a Delaware corporation having a principal office at 15407 McGinty Road West, Wayzata, Hennepin County, Minnesota 55391 ("Grantor") and WILLIAMS SEAFOOD, INC„ a North Carolina corporation, having a mailing address of P. O. Box 454, Engelhard, Flyde County, North Carolina 27824 ("Grantee"), WITNESSETH: THAT SAID Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid, the receipt of which is hereby acknowledged, has remised and released and by these presents does remise, release, convey and forever QUITCLAIM unto the Grantee, its successors and assigns forever, all right, title, claim and interest of Grantor in and to that certain parcel of land lying and being in the Village of Engelhard, Lake Landing Township, Hyde County, North Carolina, and more particularly described according to a map entitled "Land Surveyed for R. L. Gibbs & Co., Inc. ", prepared by David Ross Smith, R. L. S., dated August 22, 1978, showing magnetic bearing as of that date, a copy of which is attached hereto as Exhibit A and made a part hereof, as follows: See Exhibit B attached hereto and made a part hereof. To have and to hold the parcel of land and all privileges thereunto belong to the Grantee, its successors and assigns, free and discharged from all right, title, claim or interest of Grantor or anyone claiming by, through or under him. In Witness Whereof, the Grantor has caused this instrument to be executed in its corporate name by its duly authorized officers and its seal to be hereto affixed by authority of the Executive Committee of its Board of Directors, the day and year first above written. CARGILL, INCORPORATED By: Loc- Its. William L. Varner, Controller, Cargill Grain Di P" •^ ti. ram. n,.,.c _.-... r. 4_ , Cl STATE RTH N�d6114A "``, Real Estate �p P Excise Tax 7n �MHJ 1111 111 1-1f r1.1NT11r 15*63 STATE OF MINNESOTA COUNTY OF HENNEPIN I, Allison G. Gunlock , a Notary Public of Hennepin County, Minnesota, certify that James D. Moe , personally appeared before me this day and acknowledged that ghe is the A&UsU ftt Secretary of CARGILL, INCORPORATED, a Delaware corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its Control 1 er, Cargill Grain Division sealed with its corporate seal and attested byVmr as its A($gi,S,tgl t Secretary. Witness my hand and notarial seal, this the 9th day of February, 1995. 'Notary Pu c MMM,1ngn.,1 ,1,� •/,^Pr.',nhV/P.�tit1t My Commission Expires: y 2000 TA:•..; January 3:t, t.;..;.,:.....; ....; � $5 = iai:cr;:4 L;ouPj Y NORTH CAROLINA xwv,m �rY Cmnm. F plt8s HYDE COUNTY The foregoing certificate of 40Q L,., td. ju..,� , a Notary Public of Hennepin County, Minnesota, together with her Notarial Seal attached, is certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Deeds of Hyde County, North. Caroline, in Real Estate Book 15.3 , at Page Le.. This the,day of February, 1995, at 4'.53 o'clock, A m. This instrument was prepared by; Cargill, Incorporated Law Department P. O. Box 5624 Minneapolis, MN 55440 FES 8 I Mail to:1995 -T. Register of 13eedsd Hyde County, North Carolina z 2agaQa (}TenEOi' fi2( (}Tantce 16 04/15/1596 10:52 919-925-1871 WILLIAt4S SEAFOOD INC PAGE 05 :1 406 s EXHIBIT B FIRST TRACT: BEGINNING at an iron pipe in the Northeast edge of the 60 foot right of way of North Carolina State Road No. 1101, sometimes referred to as the "Quarter Road", located at a point: where the Northeast edge of the 60 foot right of way of said road is intersected by the Northwest line of the Frank Swindell Machine Shop Lot (said beginning point: is located 61.2 feet: on a course North 57 degrees 41 minutes 40 seconds West front the intersection of the center line of the Jarvis Ditch with the Northeast edge of the 60 foot right of way of North Carolina State Road No. 1101); thence running from said beginning point North 57 degrees 41 minutes 40 seconds West, along the Northeast edge of the 60 foot right of way of said road, :204 feet to a point; thence running North 57 degrees 35 minutes 40 seconds West, continuing along the Northeast edge of the 60 foot right of way of said road, 132.1-feet to an iron pipe in the southern corner df what is known as the Royden Neal Bus Garage Lot; thence running North 33 degrees 22 minutes 20 seconds East, along the Southeast line of said Royden Neal lot, 180 feet to an iron axle; thence continuing North 13 degrees 22 minutes 20 seconds East, 6 feet to a stake in the Southwest edge of Far Creek; thence running South 45 degrees 31 minutes 40 seconds East; along the Southwest edge of Far. Creek, 113 feet to a point; thence running South 60 degrees 00 minutes 20 seconds East, continuing a=_ong the edge of Far Creek, 259.5 feet to a point in the edge of Far Creek; thence running South 33 degrees 22 minutes 20 seconds West, 92.4 feet to an iron pipe in the Northeast line of the aforementioned Frank Swindell Machine Shop Lot; thence running North 5" degrees 41 minutes 40 seconds West, along the Northeast line of said Machine Shop lot, 33.5 feet to an iron pipe; thence running South 33 degrees 22 minutes 20 seconds West. along the Northwest line of said Machine Shop Lot, 85 feet to the point of beginning, containing 1.3870 Acres, more or leas. This parcel is designated as "Tract No. One" on said map. SECOND TRACT: BEGINNING at an iron pipe located if3 the Southwest edge of the 60 foot right of way of North Carolina State Road No. 1101, better known as the "Quarter Road" at a point where the Southwest edge of the 60 foot right of way of said :road is intersected by the Southeast edge of the 60 foot right of way of North Carolina State Road No. 1102, sometimes refer�=ed to as the CIS. J. Gibbs Avenue"; thence running from said aeginning point South 31 degrees 07 minutes 40 seconds West, along the Southeast edge of the 60 foot right of way of North Carolina State Road No. 1102, 199.25 feet to a point in the northward corner of a_lot shown on said map as "Royden Neal": thence running South 60 degrees 00 minutes 10 seconds East, 3 ong the Northeast line of said Royden Neal tract, 5.4 feet r.o an iron rod; thence continuing South h0 degrees 00 153P66 minutes 10 seconds East, along the Northeast :Line of said Royden Neal Lot, 205.7 feet to a stake in the eastward corner of said Royden Neal lot;. thence running North 34 degrees 29 minutes 40 seconds East, 190.85 feet to an iron pipe in the Southwest. edge of the 60 foot right of way of North Carolina State Road No. 1101; thence running North 57 degrees 41 minutes 40 seconds West, along. the Southwest edge of the 60 foot r••igbt, of way of said State, Road No. 1101, 2412.25 feet to the point of beginning, containing .9698 of an Acre, more or less. This parcel is designated as "Tract No. Two" on said =2 THIRD TRACT: BEGINNING at an iron stake in the Southwest edge of the 60 foot right of way of North Carolina State Road No. 1101, better known as the "Quarter Road", located where the Southwest edge of said road is intersected by the Northwest edge of the 60 foot right of way of North Carolina State Road No. 1102, sometimes referred to as "S. J. Gibbs Avenue"; thence .running from said beginning point North 57 degrees 35 minutes 40 seconds West, along the Southwest edge of the 60 foot right of way of North Carolina State Road No, 1101, 102.1 feet to a point:; thence running North 56 degrees 30 minutes 40 seconds West, continuing along the Southwest edge of the 60 foot Night of way of said road, 166.6 feet to an iron pipe; thence running South 33 degrees 55 minutes 40 seconds West, to and along the center of what is known as the Guthrie Ditch, 376.8 feet: to an iron pipe; thence running South 67 degrees 20 minutes 20 seconds East, along a row of old fence posts, 290.1 feet. t0 a point in the center of a canal witnessed by a stake: on the Northwest bank thereof and in the Northwest edge of the 60 foot right of way of North Carolina State Road No. 1102; thence running North 31 degrees 07 minutes 40 second, .East, along the Northwest .edge of the 60 foot right of wav of said road, 324.5 feet to an iron stake, the point of beninr:i.ng, containing 2.2270 Acres, more or less. said map This parcel is designated as "Tract No. 'three" on LESS AND EXCEPTING THE FOLLOWING DBSCR:MED TRACT OF LAND: BEGINNING in the Northwardmost corner of the First Tract. described above; running thence South 33 degrees 55 minutes 40 seconds West, to and along the center line of a ditch, 376.8 feet to a point evidenced by an iron pipe set in the ground; running thence South 67 degrees 20 minutes 20 seconds East, along the ,Northeast boundary of the lands now or formerly owned or claimed by Viola G. Selby and her heirs, 75 feet t a_a point evidenced by another iron pipe; set in the ground; running thence North 34 degrees 09 minutes 20 seconds East, 3f,:'.. feet to a point evidenced by an iron. pipe set in the ground in the Southwest edge of the 60 foot right of way of NCSR #1101; running thence North 56 degrees 30 minutes 40 seconds west, along'said edge --of said right Of way, 75 feet to the point of beginning, containing 0.63 of an acre, more or less. Said excepted parcel of land is Shown on a map entitled "Map Surveyed for Cargill, Incorporated...11, prepared by David Ross Smith, R. L. S., under date of May 19, 1989, and recorded in Hyde County in Book 134 at page 451 which map is made a"part hereof for the purpose of description. _ CARGILL, INCORPORATED 15615 MCGe+TY RoAD MINNETONKA MINNINNESOTA • stsr 4 )DRESS: P.O. Box 9300, S?INN£APOLIS, MN 55440 M. A. Kursehner ASSISTANT SECRETARY I hereby certify that I am Assistant Secretary of the Executive Committee of Cargill, Incorporated, a Delaware corporation I further certify that under the duly adopted rules of said Committee, a copy of the record of any action taken by said Committee, when by me as Assistant Secretary certified to be true and correct and when ntttNt:d by me with the corporate seal, shall be sufficient evidence of the tafc.ng of said action and its effectiveness, without the signature of any member of said Committee. I further certify that the follow- ing is a true and correct •:opy of a resolution(s), rules) or action(s) duly adopted or taken, as the case may be, by said Exceutive Conlmiuee on _ February 15 19 95 , and that said resolution(s), rule(s) or action(s) are on 1ht, ;I;dc in full force and effect, to wit: "WHEREAS, The Company has entered into a Sales and Purchase of Property Agreement dated as of 23rd day of November, 1994 (the "Agreement") with Williams Seafood, Inc., a North Carolina corporation, with a principal mailing address of Box 454, Engelhard, North Carolina 27824. covering the sale by the Company of certain real property, together with improvements located thereon, situated in the Village of Engelhard, in the County of Hyde, State of North Carolina; - "NOW, THEREFORE, BE IT RESOLVED, That the execution of the Agreement, and any and all such documents necessary to consummate the transaction contemplated in said Agreement, by the President, or any Vice President, or any -Assistant Vice President, or the Controller of the Cargill Grain Division, for and on behalf of the Company, is hav�ahv rya*i Fiat rnn Fi r,nnd ..A // ...", �i - ram•-. �Y.\...\wN,I-i:' \\'[TN6Sti h11 H.\tii'S 1Np THE SEAL of Cargill, Incorporated, this � of., February ly 95 .;� yrM1 r ��e„ , „•„ „•„ 'AS51 ANT SECRETAR