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
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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
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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
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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.
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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 ($10.00)
to it in hand paid, the receipt of which is hereby acknowledged, has remised and
released and by these presents does remise, release, convey and forever QUITCLAIM
unto the Grantee, its successors and assigns forever, all right, title, claim and interest of
Grantor in and to that certain parcel of land lying and being in the Village of Engelhard,
Lake Landing Township, Hyde County, North Carolina, and more particularly described
according to a map entitled "Land Surveyed for R. L. Gibbs & Co., Inc. ", prepared by
David Ross Smith, R. L. S., dated August 22, 1978, showing magnetic bearing as of that
date, a copy of which is attached hereto as Exhibit A and made a part hereof, as
follows:
See Exhibit B attached hereto and made a part hereof.
To have and to hold the parcel of land and all privileges thereunto belong to the
Grantee, its successors and assigns, free and discharged from all right, title, claim or
interest of Grantor or anyone claiming by, through or under him.
In Witness Whereof, the Grantor has caused this instrument to be executed in its
corporate name by its duly authorized officers and its seal to be hereto affixed by
authority of the Executive Committee of its Board of Directors, the day and year first
above written.
CARGILL, INCORPORATED
By: Loc-
Its. William L. Varner, Controller, Cargill Grain Di
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15*63
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I, Allison G. Gunlock , a Notary Public of Hennepin County,
Minnesota, certify that James D. Moe , personally appeared before
me this day and acknowledged that ghe is the A&UsU ftt Secretary of CARGILL,
INCORPORATED, a Delaware corporation, and that by authority duly given and as an
act of the corporation, the foregoing instrument was signed in its name by its Control 1 er,
Cargill Grain Division sealed with its corporate seal and attested byVmr as
its A($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
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(}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 .;�
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