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HomeMy WebLinkAbout102-96 Jennette, ThomasPermit Class Permit Number NEW 102-96 STATE OF.NORTH CAROLINA Department of Environment; Health & Natural Resources _ and t Coastal Resources Commission 7• X for'' ; Major Development in an Area ofEnviionmental Concern pursuant toNCGS 113X418 ' X Excavation and/or+filling pursuant to NCGS 113-229 Issued to Thomas C. Jennette, Route 1, Rox 228-D2,Fng1ebard,NC 27824 authorizing development in Hyde County at Far Creek. , as requested in the permittee's application dated letter dated 5/5/96 and application dated 611195 including attached workplan drawings, sheets 1-5 of 5 dated 5/22/95 This permit, issued on 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. Project Deletions 1) The following proposed components of the project are hereby deleted and any reference to said components on the application are likewise deleted: a) the proposed 70' x 6' x 4' deep drainage ditch depicted on sheet 1 of 5 (planview) and sheet 4 of 5 as Cross section Al-A2, b) proposed 12" culverts under the proposed access road (2) depicted on sheet 2 of 5, c) the proposed new boat basin with docks, bulkheads and tie piles adjacent Far Creek and any excavation in Far Creek (re: DCM letter of 10/12/95). attached sheets for Additional This permit_action may be appealed by the pemtittee 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. {-�.r oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Thomas C. Jennette ADDITIONAL CONDITIONS Moratorium Permit #102-96 Page 2 of 3 2) In order to protect juvenile finfish or crustaceans, no excavation may take place between April 1 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. Excavation 3) All excavation authorized by this permit shall be no deeper than the existing depth of connecting waters. 4) All excavated materials will be confined landward of the normal water level (NWL) elevation contour and any regularly or irregularly flooded vegetated wetlands. 5) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any, wetland area. Bulkhead Construction 8) The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. 9) The alignment of the bulkhead must be staked 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, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 10) The bulkhead must be constructed prior to any backfilling activities. 11) The bulkhead must be structurally tight so as to prevent seepage of baclfill materials through the structure. Thomas C. Jennette Permit #102-96 Page 3 of 3 12) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 14) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. General 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 allnavigable waters of the United States. 16) 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. NOTE: The permittee and/or his' contractor is urged to meet with representatives of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation for a preconstruction conference to discuss conditions of the permitted activity. 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 commencement of any such activity for this determination. NOTE: The Division of Environmental Management approved this project, as modified, under Water Quality Certification No. 3014 dated August 2, 1995. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. Of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. Permit Class NEW STATE OF -NORTH CAROLINA ,a-- ' Department of Environment,:Health& Natural Resources and {� X for d ' _ Major Developmenrin an Area.of Env-rrorimental Concern pursuanttoNCGS 113A=I'18"'-- QUarn X Excavation and/or filling puisuant to NCGS 113-229 authorizing development in ):Iyde County at _ Far Creek. Permit Number , as requested in the permittee's application dated letter dated 5/5/96 and application dated 6/1/95 including attached workplan drawings, sheets 1-5 of 5 dated 5/22/95 This permit, issued on 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. Project Deletions 1) The following proposed components of the project are hereby deleted and any reference to said components on the application are likewise deleted: a) the proposed 70' x 6' x 4' deep drainage ditch depicted on sheet 1 of 5 (planview) and sheet 4 of 5 as Cross section Al-A2, b) proposed 12" culverts under the proposed access road (2) depicted on sheet 2 of 5, c) the proposed new boat basin with docks, bulkheads and tie piles adjacent Far Creek and any excavation in Far Creek (re: DCM letter of 10/12/95). attached sheets for Additional This permit action may be appealed by the pemtittee 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. oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ma Thomas C. Jennette ADDITIONAL CONDITIONS Moratorium Permit #102-96 Page 2 of 3 2) In order to protect juvenile finfish or crustaceans, no excavation may take place between April 1 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. Excavation 3) All excavation authorized by this permit shall be no deeper than the existing depth of connecting waters. 4) All excavated materials will be confined landward of the normal water level (NWL) elevation contour and any regularly or irregularly flooded vegetated wetlands. 5) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Bulkhead Construction 8) The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. 9) The alignment of the bulkhead must be staked 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, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 10) The bulkhead must be constructed prior to any backfilling activities. 11) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. Thomas C. Jeanette Permit #102-96 Page 3 of 3 12) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 14) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. General 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. 16) 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. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation for a preconstruction conference to discuss conditions of the permitted activity. 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 commencement of any such activity for this determination. NOTE: The Division of Environmental Management approved this project, as modified, under Water Quality Certification No. 3014 dated August 2, 1995. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. OfEnvironment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. Permit Class PermitNumber NEW STATE OF NORTH CAROLINA Department of Environmeiit;1iealih & Natural Resources ;r and . Coastal Resources Commission -1 il l :ern txt_ for:ys�t j - X Major Developmentin anArea'of Environmental Concern pursuant to NCGS 113A-118 "- aurt,n - X Excavation and/or filling pursuant to NCGS 113-229 authorizing development in Hyde County at Far Creek. as requested in the permittee's application dated letter dated 5/5/96 and application dated 6/l/95 including attached workplan drawings. sheets 1-5 of 5 dated 5/22/95 This permit, issued on >��G 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. Project Deletions 1) The following proposed components of the project are hereby deleted and any reference to said components on the application are likewise deleted: a) the proposed 70' x 6' x 4' deep drainage ditch depicted on sheet 1 of 5 (planview) and sheet 4 of 5 as Cross section Al-A2, b) proposed 12" culverts under the proposed access road (2) depicted on sheet 2 of 5, c) the proposed new boat basin with docks, bulkheads and tie piles adjacent Far Creek and any excavation in Far Creek (re: DCM letter of 10/12/95). attached sheets for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. oger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Thomas C. Jennette ADDITIONAL CONDITIONS Moratorium Permit #102-96 Page 2 of 3 2) In order to protect juvenile finfish or crustaceans, no excavation may take place between April 1 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. Excavation 3) All excavation authorized by this permit shall be no deeper than the existing depth of connecting waters. 4) All excavated materials will be confined landward of the normal water level (NWL) elevation contour and any regularly or irregularly flooded vegetated wetlands. 5) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Bulkhead Construction 8) The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. 9) The alignment of the bulkhead must be staked 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, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 10) The bulkhead must be constructed prior to any backfilling activities. 11) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. Thomas C. Jennette Permit #102-96 Page 3 of 3 12) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 14) All ffi1 material to be placed below normal water level will be confined behind the permitted bulkhead. General 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. 16) 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. NOTE:: The permittee and/or his contractor is urged to meet with representatives'of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation for a preconstruction conference to discuss conditions of the permitted activity. 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 commencement of any such activity for this determination. NOTE: The Division of Environmental Management approved this project, as modified, under Water Quality Certification No. 3014 dated August 2, 1995. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. Of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. Permit Class PermitNumber NEW STATE OF NORTH CAROLINA Department of Environment, -Health & Natural Resources and Coastal Resources Commission �PrII�It�' for. X Major Developmentm an Area ofEnvironmental Concern pursuant to NCGS 113A"=118.. '- OLIAtA ' X Excavation and/or filling pursuant to NCGS 113-229 Issued to Thomas C. Jennette, Route 1, Box 228-D2, Englehard, NC 27874 M authorizing development in Hyde County at Far Creek. , as requested in the permittee's application dated letter dated 515196 and application dated 6/1/95 including attached workplan drawings sheets 1-5 of 5 dated 5/22/95 This permit, issued on 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. Proiect Deletions 1) The following proposed components of the project are hereby deleted and any reference to said components on the application are likewise deleted: a) the proposed 70' x 6' x 4' deep drainage ditch depicted on sheet 1 of 5 (planview) and sheet 4 of 5 as Cross section Al-A2, b) proposed 12" culverts under the proposed access road (2) depicted on sheet 2 of 5, c) the proposed new boat basin with docks, bulkheads and tie piles adjacent Far Creek and any excavation in Far Creek (re: DCM letter of 10/12/95). attached sheets for Additional This permiLaction 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. .o-s oger N. Schemer, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Thomas C. Jennette ADDITIONAL CONDTTIONS Moratorium Permit #102-96 Page 2 of 3 2) In order to protect juvenile f nfish or crustaceans, no excavation may take place between April 1 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. Excavation 3) All excavation authorized by this permit shall be no deeper than the existing depth of connecting waters. 4) All excavated materials will be confined landward of the normal water level (NWL) elevation contour and any regularly or irregularly flooded vegetated wetlands. 5) . No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material will be placed in any location or in any manner so as to impair surface water -flow into or out of any wetland area. Bulkhead Construction 8) The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. 9) The alignment of the bulkhead must be staked 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, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 10) The bulkhead must be constructed prior to any backfilling activities. 11) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. Thomas C. Jenrette Permit #102-96 Page 3 of 3 12) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 14) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. General 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 allnavigable waters of the United States. 16) 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 parry. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation for a preconstruction conference to discuss conditions of the permitted activity. 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 commencement of any such activity for this determination. NOTE: The Division of Environmental Management approved this project, as modified, under Water Quality Certification No. 3014 dated August 2, 1995. NOTE: An Erosion and Sedimentation Control Plan. will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Dept. Of Environment, Health and Natural Resources, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. _�c:vd to/27/95__ w �9_0 ZV.S Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. NameT±2e1AA-y G-, NNf�'rf� Address 7K-f. t W_k W — 02 City FMJ 3i.mMQ2 State 1J-6-. Zip a78d'L Day phone9iq 9aS-It{/S ✓ Landowner or Authorized agent b. Project name (if any) i.J f A c. If the applicant is not the landowner, also give the owner's name and address. �It A, 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number LA. h, `L(oA' b. City, town, community, or landmark ��o P tTh l l7t L,� MAJ217 c. County H YD) d. Is proposed work within city limits or planning jurisdiction? tQ0 e. Name of body of water nearest project FAd2 c42r-t%K- 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). FXC4N/iV1 IN 6 P06o t3A°iM1, It41i1-6 (mA+n>l'CJ-1r4rJCC� cArl9lr If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? PxTi1 c. Will the project be for community, private, or com��rrttercial use? i',tuA"i'>: d. Describe the planned use of the p%ject. r:�tuarjGG u5r Or" QRf!'✓i�T+r 13�( )�F2t'�I�U;Nh OC N ouT oi'-MP W.ntD)-OWR?)c� P� ir%6iCN pn; F n -&- FJLL-)J4h_Ax1D (i2A-D�NIj f=c2 Emm_ lals UC F 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 9 - 122 L V? 44.8s AcR_Gs b. Size of individual lot(s) A CrZf v c. Elevation of tract above mean sea level or National Geodetic Vertical Datum t l To F d. Soil type(s) and texture(s) of tract 1,A1J0,r 1-DAM AND 4 4cf e. Vegetation on tract VirJJ35i w'Ax rn (tzTi ES aa¢owooPS, f. Man-made features now on tract o-F- S u J c b f u g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community ✓ Rural _ Other h. How is the tract zoned by local government? i. How are adjacent waters classified? 5(- Haw j. Hasa professional archaeological survey been carried out for the tract? �J c> If so, by whom? 3/91 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structurespropused " i A Two vc15T+r-/(� - b. Number of lots or parcels tJory a pSQJ±s. %n c. Density (Give the number of residential units and the units per acre.) K t I A m. Water supply source couNTY S2'6am n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. d. Size of area to be graded or disturbed o 127 6 os- SQ. FT. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? t-W f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. N� If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? k-S J A 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (NILW) o� Boat basin h. If applicable, has a stormwater management plan Other (break- P ocic been submitted to the Division of Environmental water, pier, ,,4" u(n,.'• Management? nl 1 A boat ramp, rrz4cT oAe rockjetty) Tu.Atr'TVo i. Describe proposed sewage disposal and/or waste DIZA 1441 e I)ITW E s T water treatment facilities. Fill placed in nl a JE wetland or below MHW j. Have these facilities received state or local approval? Upland fill A areas k. Describeexisting treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). ZuRFAcG R'AIJLW Length Width Depth Ix� iO' II 1,lca P- 0 " ` Comm HAS Dr -Le 6a.6D GX ISiiNt� S i� (ifJr'%I-'� � S1,C105's . Fr b. Amount of material to be excavated from below water level in cubic yards --s+& b C—" ' c. Typeofmaterial S�*D�muce,PW+ , CLAY d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards 4 a6, C-�(, 3/91 f. Dimensions of spoil disposal area Z / q pSSdt . PT., g. Location of spoil disposal area ADTA-Gr4r IL Do you claim title to the disposal area? If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Y05 If so, where? ©nl hrT� j. Does the disposal area include any marshland, swamps, or water areas? MO °pliLfuminid� CWJ"; (d(LL iuD4idME0fTE Kigwh M)t, 13A44 As RIA4 hPaKnFD k. Will the fill material be placed below mean high water? )..J o 1. Amount of fill in cubic yards bind t3 m. Type of fill material rf )d FoR �70SBG7' Ercc9JcNs n. Source of fill material j %N 4L, 5 CH9N/JF.).� A t � PiA5/N o. Will fill material be placed on marsh or other wetlands? f4o p. Dimensions of the wetland to be filled Nla q. How will excavated or fill material be kept on site and erosion controlled? l uucµ[ADS r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? DRA urJG, F3NLLDrrCC2.iRr3GTOQ, i3A-CdGk{fl� s. Will wetlands be crossed in transporting equipment to project site? iL If yes, explain steps that will be taken to lessen environmental impacts. MATS To TS)F. L,A)D oVE_ m,a2 4 Ll2C-1F�i 7 SHORELINE STABILIZATION a. Length of ulkhea or riprap -rreac-r Tiro =.Xroz' b. Average distance waterward of mean high water or normal water level 0' c. Shoreline erosion during preceding 12 months, in L_ _. , 1 d. Type of bulkhead materialTt -[GATED WOoD e. Amount of fill, in cubic yards, to be. placed below I mean bigh water "ONr f. Type of fill material N 14 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 property. 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 work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 " 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 18 high' 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 apart of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which. to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Name ✓nJCAAC L- A42 PALL ✓vmrmwt- S Address J17•o. Oox- 14-4- tirJ ice, TA MAYWO I MOVIE IT Name Laurz614=Taa✓15 Address 01 t1 Tknur m A2j,J A F.NE; �►an.ts� nl.C. a98a4- A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment , Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of -public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the./, day of ah owner or Authorizefd wnt - -4 -- - ---- — - 3/91 I -(�a$RYcGsYh/rr%.l uNa SNGET 1 E+u aTN x;.TommY �$NNEi'iE I-Vu r2�P 'x iNpti i E1t14TUJfl OLD SFbIL Pi1.E _at Sfb,� FWa VrV-M C µ1414 f�RouJA) y......._.. (\ I ExtAJ,477eN •EI fW x �R• i%AtBo eN oLp )9� � S�1L pus x. i 1't�YG(LT�(oF - I I I 1 X 1 IG}IAEL MbEWM4 I 6X1jTi� s is � � j,- s' • i \ (lp4vgp,ZLopgq e •a'» SEEvpa �`. i � +7 +t' EfRADFG�SLOQ6D,AND �i66DEp � +s• \� c LL I Q DOCK r P F, HEAP � \ Q- r \.\ Do CK A.lp Tiuu4HFi�v M �a.Ep ly -y •.. x, / /���') 4494T's. FS MA zl,194P LEC En/r,7 ® pftA*f.D pac4:4-mrioN ICI ® Pparafto PILL. BEftfm'6D fi wA,/A wj cowrAI- WL-r Awrji (6' W1v6) . Vrmpy.ED ', meoaiNc Pa,NE,i �� j�jzEPAR,EA WR• �. �� p r3Yi i3lt-6 f�' v�Ew Li�,:I"�Ic , G2c�'�iE o�i At -AL A Pr�ssv 1'r,lr,m w»o 6xftty im7uNc+, P o ,w i a�nr� .. gReuJD APR -RED F�e•� rNomhs TGI GjZo�iSE�ol�l PJ+' fsJa PmrPo'tD 1' x�ey wmD P,uurxsAa 2 ie_ a EgmdHr-1'I DIKE> 2 L (-re %G EQCI-mD) I� `%4 .v eI aW+r. An. - uA6 AOA WETWND pneP»aa cuT Cfoi,��ToAl G,—Lz �* -r�WWAP —W.4FA PI T coMTAL. WaTIAN" G __gp ECfi(7H1 Ex�r.x, §moo LEJG f.-c'�{ PrmPnFD c' w,os Wuc al aF 4¢npa: Ge.y.TA�. LJf_i[JhJDS s �"'��% ('H�x.HeAn PcmSbsaD •. �I rw(6�w D �p ��.� ON FWAb CPAO6 Er K . . Gz fdA5n" vJM-9jJ45 NWL G' m 17 la. DZ dvw AjLPAC 7 'i'N W02U TYzMYL 566 'Z1/,VW 5 JO.Cy- nos y3�enwv�yaw ,s c\ 4AV7 „r E T yvoya�J WM14 mmn rQLLbtlJ.al+�d �b 4��1�( .Q,o •r.iw,�7 •yyy� „v; [ no Enb �3•Tidi l3'��dhOtl�nB xu2 42913N1214 .$xn2 �I n rx•�aa ,.a x.n- 'Y13Mg -nica J�4S a•3ztbd3zy. 31Jrrr�l Syu/oy1 sar-J Qaavavd� �l I •'PJ-�G� "��pC� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY 7U ATTENT)ON OF July 25, 1996 Regulatory Branch Action ID No. 199504476 and State Permit No. 102-96 Thomas C. Jennette Route 1, Box 228-D2 Engelhard, North Carolina 27824 Dear Mr. Jennette: Reference your revised work plans dated July 1, 1996, for a Department of the Army (DA) permit to undertake maintenance excavation within an existing manmade canal, and construct a bulkhead on your property, located off U.S. Highway 264, adjacent Far Creek, near Engelhard, Hyde County, North Carolina. Your revised proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and your revised 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 i1 12 Copies Furnished without enclosure: �O Director, Atlantic Marine Center ✓���30 199 National Ocean Service =��6' ATTN: MOA 232X1 "!{ ''gin"r•9GtP.iENr 439 West York Street Norfolk, Virginia 23510-1114 l zw�m Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 r John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine 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 State of North Carolina Deartment of Environment, Heaplth and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 2, 1996 Mr. Thomas C. Jeanette Route 1, Box 228-D2 Englehard, NC 27824 Dear Sir: EDEHNFR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. Parker, Jr. �I Major Permits Processing Coordinafor JRP:jr/amw Enclosure P.O. Box 27687, Nif0 . FAX 919-733-1495 'Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 M= Wk recycled/10% post -consumer paper Division of Coastal Management '`- h' { Application Processing Notes Applicant: Deadline: Date/Time: Message: Jennette's Lodge and Guide Service • Rt. 1 Box 228-D2 • Englehard, NC 27842 Phone & Fax:(919) 925-1461 May 5, 1996 Mr. John Parker Department of Environmental Health and Natural Resources PO Box 26787 Raleigh, NC 27611 Dear Sir: With reference to my application which was denied on October 12, 1995, I hereby wish to continue with the remainder of my application. Please give consideration to that part which was not denied. If you have any further questions please feel free to contact me at the above address. Sincerely, i Thomas C. Jennette cc: Mr. Terry Moore Department of Environmental Health And Natural Resources 1424 Carolina Avenue Washington, NC 27889 Jennette's Lodge and Guide Service • Rt. 1 Box 228-D2 • Englehard, NC 27842 Phone & Fax: (919) 925-1461 May 5, 1996 Mr. Terry Moore Department of Environmental Health And Natural Resources 1424 Carolina Avenue Washington, NC 27889 Dear Sir: With reference to my application which was denied on October 12, 1995, I hereby wish to continue with the remainder of my application. Please give consideration to that part which was not denied. If you have any further questions please feel free to contact me at the above address. Sincerely, Thomas C. Je /e e cc: Mr. John Parker Department of Environmental Health and Natural Resources PO Box 26787 Raleigh, NC 27611 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 07X FROM: Jeff Schaffer T,s �I S-I?-Ab �a A74 ID FE F1 DATE: 10 May 1996 SUBJECT: Thomas C. Jeanette Major Permit Application dated 1 June On 12 October 1995, you sent a letter to Mr. Jenrette denying the above reference application based upon negative comments by the various review agencies regarding the excavation in and around Far Creek. However, in that same letter, you stated that the Division would authorize the canal system and other jurisdictional parts of the project not covered by the denial. Based upon my review of the original application, it is my understanding that those portions denied by your 12 October 1995 letter are the proposed boat basin, the mooring pilings associated with the basin, and the excavation in Far Creek. On 5 May 1996, this office received a written request from Mr. Jennette (see attached) to continue with those parts which were not denied by your 12 October 1995 letter. I have no objection to the issuance of a permit for the remaining proposals contained in Mr. Jennette's application dated 1 June 1995 with the exception of the proposed t70' long by f6' wide by t4' deep drainage ditch depicted on sheet 1 of 5 of the plats. This ditch is proposed to be constructed in high ground along the high ground/wetland (404 and coastal) line approximately 1,650 feet up the existing boundary canal from Far Creek and at a 90 degree angle to the boundary canal. This ditch should be conditioned out of the permit due to the following: 1. It is inconsistent with 7H.0208(b)(1)(H) which states "...Canals shall be either straight or meandering with no right angle corners." 2. Due to the proximity of this proposed drainage ditch to the high ground/wetland interface, this area is already adequately drained. The applicant's proposed maintenance excavation in the boundary canal, construction of a bulkhead and dock as well as the proposed installation of a culvert under the access road comprise a permitable project. If the decision is made to issue the permit, I recommend the following conditions: 1. The proposed drainage ditch along the high ground/wetland interface shown on plat 1 of 5 is not authorized. 2. All excavation authorized by this permit can be no deeper than the existing depth of connecting waters. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946d481 FAX 919-975-3716 An Equal opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper John Parker 10 May 1996 Page 2 3. The bottom of the vert to be installed under the access road shown on plat 2 of 5 shall be at or above the elevation of the adjacent 404 wetlands. 4. The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. 5. The alignment of the bulkhead must be staked 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, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 6. The bulkhead must be constructed prior to any backfilling activities. I 7. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. Z 8. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. I 9. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 1 10. All fill material to be placed below normal water level will be confined behind the permitted bulkhead. \ 11. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. �w 1 12. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill over of solids into any marsh or surrounding waters. �$ 13. 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. NOTE: The pernttee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and the Army Corps of Engineers prior to project initiation for a preconstruction conference to discuss conditions of the permitted activity. John Parker 10 May 1996 Page 3 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 commencement of any such activity for this determination. Maintenance Clause The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work (after December 31, 1999) authorized by this permit and that notification The include: A. the number of the original permit. B. a statement that no dimensional changes are proposed. C. a copy of the original permit plat(s) with cross -hatching indicating the area to be maintained, the area to be used for spoil, and the estimated amount of material to be removed. D. the date of plat revision and the permittee's signature shown anew on the original plat. cc: Preston Pate - Assistant Director, DCM Raleigh Bland - U. S. Army Corps of Engineers REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199504476 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 17, 1995 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: Y w AUG (;pp; tht MANAGEMENT )_4 Reference the application of Mr. Thomas Jennette for a Department of the Army (DA) permit to undertake maintenance excavation within an existing ditch and a man-made canal, excavate a boat basin, and construct a bulkhead and dock on his property, located off US Highway 264, adjacent Far Creek, near 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 conditions be included in the State authorization: 1. The maintenance excavation activities will be limited to the existing ditch and the man-made canal and will not include any excavation within Far Creek. 2. This permit does not authorize the construction of any new drainage .ditches on the property. J 3. This permit does not authorize the placement of culverts under the road between the canal and any interior drainage sources. 4. The bulkhead will not be positioned farther waterward than 2 feet from 12i the normal water elevation contour at any point along its alignment. S. All backfill materials will be obtained from a highground source and \3 confined landward of the permitted bulkhead. 6. All excavated materials will be confined landward of the normal water level (NWL) elevation contour and any regularly or irregularly flooded vegetated wetlands. S 1 7. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. Excavation will not exceed 6 feet below the elevation of normal water \ level (NWL). 6 8. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. pol W ® ROCOW Paler -2- i3 9. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 1 ,5— 10. 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. -� 11. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, -�). -Z ev---t-� G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street - Atlanta, Georgia 30365 Mr. Terry Moore, District Manager Washington Regional Office. North Carolina Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 29402-1890 REPLY TO ATTENTION OF July 24, 1995 Regulatory Branch Action ID No. 199504476 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Enclosed is the application of Mr. Thomas C. Jennette for Department of the Army (DA) authorization and a State Water Quality Certification to undertake maintenance excavation within an existing ditch and a man-made canal, excavate a boat basin, and construct a bulkhead and dock, on his property, located off US Highway 264, adjacent Far Creek, near 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. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by September 25. 1995, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (919)975-1616, ext. 4. Enclosure Sincerely, G. Wayne Wright Chief, Regulatory Branch 5W NAM W ® Rwvdw Plow -2- Copies Furnished (without enclosure): Mr. John Parker D}'vision of Coastal Management ytorth Carolina Department of Environment, i/ Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore, District Manager Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 21M Washington, North Carolina 27889 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ArrENnON OF July 24, 1995 Regulatory Branch Action ID No. 199504476 Mr. Thomas C. Jennette Route 1, Box 228-D2 Engelhard, North Carolina 27824 Dear Mr. Jennette: 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 July 20, 1995, for Department of the Army authorization to undertake maintenance excavation within an existing ditch and a man-made canal, excavate a boat basin, and construct a bulkhead and dock, on your property, located off US Highway 264, adjacent Far Creek, near 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. On February 6, 1990, the DA and the U. S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404 (b) (1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practicable alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practicable. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. PdnW on ® Recycled Paper JUL L, 1995 -2- c. The MOA requires that appropriate and practicable mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practicable minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practicable measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by August 24, 1995. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. 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. 199504476 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975-1616, extension 4. Enclosure Copies Furnished (without enclosure): r. John Parker Division of Coastal Management North Carolina Department of Environment, Health - and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Sincerely, G. Wayne Wright Chief, Regulatory Branch 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 Raleigh, North Carolina 27626-0535 Mr. Terry Moore Washington Regional Office Ms. L. K. (Mike) Gantt North Carolina Division of U. S. Fish and Wildlife Service Coastal Management Fish and Wildlife Enhancement Post Office Box 2188 Post Office Box 33726 Washington, North Carolina 27889 Raleigh, North Carolina 27636-3726 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF TA ki -ram NI JL Regulatory Branch Action ID. I11 50 `1 I 1 � Appli Waterway TY Creek Count Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Regional office Division f Coastal Management North Carolina Department of Environment, Health and N tur �Resolxfgt 50' doc-k, Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments ma be addressed to Pn itii� 1I Regulatory Branch, Field Office, telephone (111) Sincerely, G. Wayne Wright Chief, Regulatory Branch k Enclosure P'n M®iW.`AW PWK 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 October 12, 1995 Certified Mail Return Receipt Requested Mr. Thomas C. Jennette Route 1, Box 228-D2 Englehard, NC 27824 Dear Mr. Jennette: A14; tr-61VA, �EHNFI This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law to excavate a new boat basin and access channel, perform maintenance excavation in a canal, develop access roads, and install bulkheading and mooring facilities at your Far Creek property, in Englehard, in Hyde County. Processing of your application, which was received on June 27, 1995 and for which a notice of extended review was provided on September 16, is now complete. Based on a joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposal in the Creek involves excavating approximately 8000 sq. feet of naturalized shallow water habitat. Additionally, some 565 sq. feet of marshland would be excavated along the shoreline; 2) Far Creek has been designated Primary Nursery Area by the Marine Fisheries Commission, and High Quality Water by the Environmental Management Commission; 3) During the course of the review, five state and Federal agencies recommended no excavation in Far Creek; 4) During the course of the review, the Division of Coastal Management received a letter from Attorney J. R. Vosburgh in which he expressed objections by adjacent riparian owner Lauren Jarvis who is concerned about his relatively new bulkhead being undermined by prop wash from large boats using the basin. As proposed, tie pilings and excavation would range from 5-10 feet from Mr. Jarvis' bulkhead; P.O. Box 27687, Raleigh, North .Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Acton Employer 60%recycled/ 10%post-consumer paper Mr. Thomas C. Jennette Page 2 October 12, 1995 5) During the course of the review, Mr. Jarvis related, in conversation to staff of the Division of Coastal Management, that he was also concerned about the noise level from large boats maneuvering within approximately 50 feet of the sleeping quarters in his permanent residence; 6) Rules of the Coastal Resources Commission do not allow excavation in Primary Nursery Areas, except as needed to provide for continuation of ... "traditional and established use ". The proposed basin and access cut in Far Creek, unlike neighboring facilities, is new and not maintenance of an existing facility or for an existing use; 7) It has been determined that the Far Creek part of the project is inconsistent with the following partial listing of the Statutes and Rules of the Coastal Resources Commission: a) T15A:07H:0208(b)(1) which requires that navigation channels and boat basin must avoid Primary Nursery Areas; b) 07H.0208(b)(1)0) which provides for maintenance on a PNA only if it is to maintain ... "a traditional and established use ...", and c) N.C.G.S. 113-229 (e)(2) which provides that a permit may be denied upon finding a sugnificant adverse effect on the value and enjoyment of the property of any riparian owner. Given the preceding findings, it is necessary that your request for a permit under the CAMA and the state dredge and fill law be denied. This denial is made under N.C.G.S. 113A- 120(a)(8) which requires denial of the requested permit at any time the development is determined to be inconsistent with State guidelines and N.C.G.S. 113-229(e)(2) which provides for denial upon finding the proposed excavation would have a significant adverse effect on adjacent riparian owners. If you choose to pursue a variance from the rules cited by going before the Coastal Resources Commission, Division staff stand ready to advise you on the procedure. Should a variance be available, it is suggested that some redesign of the basin siting be considered in order to resolve all or part of the concerns of Mr. Jarvis. Alternatively, should you wish the Division to authorize the canal system and other jurisdictional parts of your project not covered by this denial, staff stand ready to complete that processing upon your request. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request Mr. Thomas C. Jennette Page 3 October 12, 1995 for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. O. Box 27687, Raleigh, NC 27611. Sincerely, Ro . Schecter, Director RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg Corps of Engineers Wilmington, NC APPLICATION TRANSHMAL/PROCESSING RECORD A) Applicant: Thomas C. Jennette �16 County: Hyd RED} E 95 ' JUL 1 Location of Project: Off US 264 adjacent Far Creek near En elhard AtNT MAN Date Application Received Complete by Field: 27 June 1995 Z Field Recommendation: Attached To be Forwarded {1 Consistency Determination: Attached To be Forwarded X Field Representative: J. Schaffer District Office: Washington District Manager Review: B) Date Application Received in R eight Fee Rec'd: $ Public Notice Rec'd: End of Notice Date:&/ $ 19 S Adj. Rip. Prop Notices Rec'd: Deed Rec'd: -)-�3-95 Application Assigned to: on C) 75 Day Deadline: �y 150 Day Deadline: 1 - fl Mail Out Date: - /q State Due Date: Federal Due Date: 0 ` zI - i Fed. Comments Rec'd O� ) on Permit Final Action: Issue Deny Draft on D) AGENCY DATE C 4ENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office ��/ _ Division of Comm. Assistance Land Quality SectionDiv. of Env. Management P-1i9s State Property Office Div. of Archives & History Div. of Env. Health Vf Div. of Highways Wildlife Resources Commission l Div. of Water Resources _ Div. of Marine Fisheries ,�/ 0 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 /\ 0 �I • EDOEHNF1 TO: John Parker THROUGH: ,�,y� Terry Moore / �'/FROM: Jeff Schaffer JRs}�DATE: (�>1 16 August 1995 SUBJECT: Thomas C. Jeanette Major Permit Application 1 Based upon my review of the numerous proposals contained m'diii=application, I find aspects of both consistency and inconsistency with Subchapter 7H State Guidelines for Areas of Environmental Concern. The applicant is proposing to excavate a boat channel in Far Creek, which is a designated Primary Nursery Area (PNA). Further review of the above referenced Major Permit application and NCAC 711.0208(b)(1), I recommend that all excavation in Far Creek other than that which is necessary to establish access to the proposed high ground boat basin should not be authorized by this permit based on the following reasons: 1. Far Creek is designated as a Primary Nursery Area which makes the proposal inconsistent with 7H .0208(b)(1) which states "Navigation channel, canals, and boat basins must be aligned or located so as to avoid primary nursery areas, ... " 2. The applicant is requesting to conduct maintenance excavation in Far Creek. This request is inconsistent with 7H .0208(b)(1)(J) which states "Maintenance excavation in canals, channels and boat basins within primary nursery areas and beds of submerged aquatic vegetation should be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria as shown by clear and convincing evidence accompanying the permit application... " No evidence has been provided by the applicant to support his request, nor has any evidence been found showing a traditional or established use of this area of Far Creek as a mooring facility. 3. Although CAMA Permit #106-79 and D&F Permit #5-78 were issued to Russell T. Blanchard in 1983 authorizing excavation in this same area of Far Creek, the area has naturalized to a point where it would be extremely difficult to distinguish between the previously excavated area and those that remained undisturbed. In addition, I recommend that the following conditions be included in the permit: Condition 1 Only that excavation in Far Creek necessary to establish an access channel connecting to the proposed high ground boat basin is authorized by this permit. 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 l_ John Parker 16 August 1995 Page 2 Condition 2 The channel to be excavated in Far Creek to establish access to the proposed high ground boat basin must not exceed 48 feet wide and -6 feet below normal water level. Condition 3 All excavation authorized by this permit can be no deeper than the existing depth of connecting waters. The applicant is also proposing to excavate a boat basin and install six (6) 12" mooring pilings adjacent the southern property line which runs in the center of an existing boundary ditch. I have reviewed 7H.0208(b)(1) which discusses navigation channels, canals, and boat basins. Paragraph 7H.0208(b)(1)(I) states "Canals shall be designed so as to not create an erosion hazard to adjoining property. Design may include bulkheading, vegetative stabilization, or adequate setbacks based on soil characteristics." As I mentioned in my 7 July 1995 memo, an objection to the location of the proposed boat basin has been received by this office. The primary objection is with the proposed boat basin being located immediately adjacent to the southern property line and the effect that boat traffic would have on a recently installed bulkhead. After reviewing the objection and 7H .0208(b)(1)(1), I recommend that the boat basin be relocated some distance (yet to be determined) from the property line to alleviate the concerns raised in objection to the project. The 6 mooring pilings, to be installed as part of the mooring system in the boat basin, are proposed to be situated right next to the southern property line (within 15'). The placement of these pilings in the proposed location is inconsistent with 7H.0208(b)(6)(E) which states, in part, "Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian owner(s), or when two adjoining property owners are co -applicants." Since an objection was raised, I have concluded that (1) there is no written agreement waiving the 15 foot setback, and (2) the two parties are not co -applicants. Based on these facts, the 6 mooring pilings cannot be authorized in the proposed location, they must be located out side the 15 foot setback along the southern property line. For the applicant to install the requested mooring pilings, he would have to move them out of the required 15' setback. Therefore, to minimize the erosion hazard to the adjacent property and simultaneously comply with the 15' setback for the mooring pilings I recommend that the permit be conditioned as follows: Condition 4 The requested boat basin shown on plat 2 of 5 dated 22 May 1995 shall be relocated a minimum distance of 15 feet north of the common property line in the center of an existing ditch between the Jennette and Jarvis properties. John Parker 16 August 1995 Page 3 Another point that should be noted is that the proposed maintenance excavation of an existing ditch and the installation of a culvert under the access road amounts to the draining of wetlands. The ditch to be maintained is in an area of 404 wetlands delineated by the US Army Corps of Engineers, and the proposal has nothing to do with road drainage. I recommend that the permit be conditioned as follows: Condition 5 The bottom of the culvert to be installed under the access road shown on plat 2 of 5 shall be at or above the elevation of the adjacent 404 wetlands. I also noted that per the application and as depicted on sheet 1 of 5 of the attached plats, another "drainage ditch" is proposed 1,650 feet up the existing canal from Far Creek and dug at aright angle to the same canal. The purpose of the proposed "drainage ditch" is questionable since it is proposed adjacent the high ground/coastal wetland line. One would assume that the existing high ground drains into the adjacent wetlands, thus the question, "Is the proposed ditch to be used for drainage or as a canal?" In addition, Specific Use Standard 7H.0208(b)(1)(H) says "...Canals shall be either straight or meandering with no right angle comers." The remaining aspects of the application comprise a permittable project. I recommend issuance of the permit with the inclusion of the above referenced special conditions and the following standard conditions: 6. The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. The alignment of the bulkhead must be staked 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, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 8. The bulkhead must be constructed prior to any backfilling activities. 9. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 10. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 11. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. John Parker 16 August 1995 Page 4 12. No other marsh or wetlands are to be excavated other than those authorized by this permit and indicated on the attached plats. . 13. All fill material to be placed below normal water level will be confined behind the permitted bulkhead. 14. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 15. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill over of solids into any marsh or surrounding waters. 16. 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 parry. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and the Army Corps of Engineers.prior to project initiation for a preconstruction conference to discuss conditions of the permitted activity. 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 commencement of any such activity for this determination. Maintenance Clause The Division of Coastal Management will (be notified in writing at least two (2) weeks in advance of any maintenance work (after December 31, 1998) authorized by this permit and that notification shall include: A. the number of the original permit. B. a statement that no dimensional changes are proposed. C. a copy of the original permit plat(s) with cross -hatching indicating the area to be maintained, the area to be used for spoil, and the estimated amount of material to be removed. D. the date of plat revision and the permittee's signature shown anew on the original plat. MEMORANDUM TO: /' \ / . i if Jeff Schaffer John Crew DATE: I / 12 July 1995 SUBJECT: Thomas C. Jennette Project - Far Creek near Engelhard - Hyde County, North Carolina This proposal involves maintenance excavation on a canal, excavation for a boat basin, excavation of a new ditch, mooring pilings, installing a bulkhead and dock, and grading of adjacent highground on 2 lots totaling about 8 acres. The site is adjacent to Far Creek, near Engelhard in Hyde County. AECs involved include Estuarine Waters, Estuarine Shoreline, Public Trust Area and 404 wetlands are also involved. The proposal comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan update. The plan offers the following limited guidance on proposals of this type: County policy on Bulkhead Construction, page IV-7, notes "Hyde County supports the construction of bulkheads as long as they fulfill the use standards set forth in 15A NCAC 7H." County policy on Commitment to State and Federal Programs, page IV-13, includes "However, the county objects to 404 wetland regulations and the designation of ORWs within the county." The county's land classification map, page III-3, reveals the project is located in both the Conservation and Rural land classes. The Rural class, page III-2, calls for agriculture, forestry and other low density uses including dispersed residential land uses not requiring urban type services. All uses allowed by 15 NCAC 7H will be permitted. The Conservation class, page III-2, notes AEC's and similar features are included in this class. All uses allowed by 15A NCAC 7H will be allowed. My opinion is if this proposal can be accomplished within applicable AEC use and performance standards, it would not be inconsistent with county policy nor land classification. As the county objects to 404 designation and enforcement, the proposal should be reviewed by the US COE for consistency determination by that agency. cc: /ohn Parker Preston Pate 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 L E:)EHNF� 11 July 1995 MEMORANDUM R�vEa 5 ul O TO: Mr. Bruce L. Freeman, Direc i At1 4,cpt — JUL 1 19� Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Thomas C. Jennette Project Location: Off US 164 adjacent Far Creek near Engelhard, Hyde County, North Carolina Proposed Project: To conduct maintenance excavation in a canal, Far Creek and an existing ditch, excavation of a boat basin, excavation of 1 new ditch, installation of mooring pilings, construction of a bulkhead and dock, and grading of the adjacent highground. Please indicate below your position or viewpoint on the proposed project and return this form by 1 August 1995. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Signed ��" D �J Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper r MEMORANDUM TO: John Parker FROM: Katy West x� DATE: 16 August 1995 SUBJECT: CAMA Permit, Thomas C. Jennette, Far Creek, Hyde County The North Carolina Division of Marine Fisheries (NCDMF) comments on the subject permit application are offered pursuant to G.S. 113-131. The NCDMF does not object to the proposed project if the following conditions are stipulated in the permit: 1. The proposed excavation in Far Creek proper not be allowed. Far Creek is a designated Primary Nursery Area (PNA) and CRC rules do not permit, except for existing maintenance, dredging in a PNA. Regional DCM staff have determined the proposed dredging is not existing maintenance. 2. The depth of the boat basin be limited to the existing depth of Far Creek at the point of connecting to Far Creek. 3. A construction/dredging moratorium be imposed from April -September to minimize turbidity impacts to juvenile fmfish or crustaceans in the adjacent Far Creek PNA. 4. Conditions he stipulated in the permit concerning the excavation of the existing ditch and culvert such that the conditions prevent the draining of the adjacent wetlands. top WS Q I; tp 4 Ed *UM implqW lat-no L. yn C7, y 'no "N 'AA To! 1, 3101 1 v w1c, 'n "I pown, ('1 fiw" IMM, 1, Vvy; W 'TI , . ;QwQ '! 1;,,, ; .:;, - , Mi 4 C,g q,01 ,zc>.,. 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 July 18, MEMORANDUM �EHNR c REC NEO AUG 9 1995 COASTAL MANAGEMENT TO- Mr. Charles R. Fullwood, Jr., DWI Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator JUL 1995 Rc^E1�TA Hz'ei�et , SUBJECT: CAMA/DREDGE & FILL Permit Application Review is APPLICANT: Thomas C. Jennette PROJECT LOCATION: Off Hwy. 264 adj. Far Creek near Englehard, Hyde Co. ROPOSED PROJECT: Conduct maintenance excavation in a canal. Please indicate below your agency's position or viewpoint on the proposed and return this form by August 8, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. \ This agency has no comment on the proposed project. ✓ This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed �664J- P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50%recycled/ 10%post-consumer paper ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: Franklin T. McBride, Manager Habitat Conservation Program DATE: August 8, 1995 SUBJECT: CAMA/Dredge and Fill Permit Application for Thomas C. Jennette, off Hwy. 264, adjacent Far Creek, Engelhard, Hyde County. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regards to associated impacts on wildlife and fishery resources in the area. A site visit was conducted on August 2, 1995. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128). The applicant proposes maintenance excavation of an existing 1,045 ft. long x 12.5 ft. wide man-made, dead-end canal to a depth of 5 ft. below NWL and to excavate from high ground a new ditch 70 feet long x 6 feet wide x 4 feet deep. A 648 foot long retaining wall/bulkhead would be constructed along the Coastal Wetland line on Lot 1 east and south of the metal warehouse. On Lot 2 the applicant proposes to "maintenance excavate" a 165 foot long x 50 foot wide area in Far Creek to a depth of 6 feet below NWL. The applicant also proposes to excavate a 100 foot long x 48 foot wide boat basin to a depth of -6 feet NWL from high ground. Also proposed is the construction of 262 linear feet of bulkhead around the proposed boat basin and corner of the lot, the installation of six mooring pilings on the property line, and the construction of a 262 foot long x 6 foot wide dock landward and parallel to the proposed bulkhead. According to Mr. Jennette, in order to better drain a low lying area (404 delineated wetlands), he is proposing to maintenance excavate an existing 122 foot long x 10 foot wide ditch and install a culvert under a road. The proposed project will result in the loss of 564 ft' of Coastal Wetlands, the excavation of 13,063 ft of canal bottom and 13,050 ftZ of creek bottom. Waters at the project Thomas C. Jennette August 8, 1995 site are classified as SC-HQW and are closed to shellfishing. The waters at the project site are also classified as Primary Nursery Area. We question the validity of the term "maintenance dredging" for this project. Previous dredging in Far Creek at the project site was for a proposed boat railway and maintenance yard not for residential development. Therefore, we question whether all dredging should be considered "maintenance". We will not request denial if the permit is conditioned as follows. 1) Prohibit excavation or construction between April 1 and September 30. 2) Require that silt booms be installed during excavation to contain turbidity. 3) Prohibit dredging in Far Creek. This work should not be considered "maintenance dredging" for this project. z 4) Prohibit excavation of the canal and the culvert beyond the boat basin. This would avoid draining the 404 wetland. 5) ( Delete the section of the canal between the warehouse and the Jennette/Meekins property line from this project. Mr. Jennette indicated that dredging the 1,045 foot long canal was not for boat access but to provide an adequate water supply for his peeler crab operation located in the warehouse. We concur with the dredging of the canal immediately adjacent to the warehouse to provide a deep water "reservoir". Thank you for the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. W W/fm It State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary A, Preston Howard, Jr., P.E., Director August 2, 1995 Mr. Thomas Jennette Route 1, Box 228-D2 Englehard, N.C. 27824 Dear Mr. Jennette: IDFEE HNF1 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed maintenance excavation; bulkhead, dock boat basin construction Project # 95724 RECEN�� 5 3 pG u ;gjEWS Hyde County Attached hereto is a copy of Certification 3014 > ued to Thomas Jennette dated 2 August 1995. If we can be of further assistance, do not hesitate to contact us. Sincerely, kaLi ston Howard, Jr. P. . Attachments 3014.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorsey Mr. John Parker, Division of Coastal Management Central Files P.O. Box 29535, Raleigh, North Caroflna 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper NORTH CAROLINA Hyde County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Thomas Jennette resulting in 564 square feet of wetland impact in Hyde County pursuant to an application filed on the 17th day of July of 1995 to conduct maintenance dredging and construct a dock, boat basin and bulkhead. The Application provides adequate assurance that the discharge of fill material into the waters of Far Creek in conjunction with the proposed development in Hyde County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92- 500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth Condition(s) of Certification: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. Dredging of an access channel in Far Creek shall not be done since this area is a Primary Nursery Area where dredging is not allowed. 3. The culvert under the road shall not be installed to prevent drainage of wetlands which are present upslope of the road. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. This the 2nd day of August, 1995. DIVISION OF ENVIRONMENTAL MANAGEMENT o.n Howaz�E. WQC# 3014 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 11 July 1995 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management EDFEE HNF1 WASHINGTON OFFICE JUL 1 1 1995 FROM: John R. Parker, Jr. p'' B K Major Permits Processing Coordinator _ F: SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Thomas C. Jennette 13 1995 Project Location: Off US 164 adjacent Far Creek near Engelhard, Hyde County, North Carolina Proposed Project: To conduct maintenance excavation in a canal, Far Creek and an existing ditch, excavation of a boat basin, excavation of 1 new ditch, installation of mooring pilings, construction of a bulkhead and dock, and grading of the adjacent highground. Please indicate below your position or viewpoint on the proposed project and return this form by 1 August 1995. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Signed Date 2 95 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 60% recycled/10% post -consumer paper S i To: John Dorney Planning Branch 01 `� REc�vEO r JUL 21 1995 MANA�iMENT DIVISION OF ENVIRONMENTAL MANAGEMENT p LAMA/COE PERMIT APPLICATION REVIEW c�I I [� j WaRO PROJECT 0 WQ SUPERVISOR: THOSE REVIEWER: SAWYER DATE: %/J1 1'75 PERMIT YR: 92 P T N0.• - -- COUNTY: PROJECT PROJECT TYPE: (:! • �GMJFCOE V a COE 0: PERMIT DOT 9: TYPE: / RCD FROM CDA: (jGp DATE FROM CDA: REG OFFICE: WaRO xvER AND SU& BASIN: STREAM OR ADJA�C�T [CATER BODY: CLASS: s e R/ K, STREAM INDEX OPEN OR qjOS WL IMPACT: 7V WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: RATIN�TTACHSD? RECOMMENDATION: ISSUE ISSUE/ DENY HOLD D STORMWATER PLAN REQ!D:.'­/ IF".YES; :.DATE, APPROVED: PROJECT DESCRIPTION: /A� ��^ 6 UJ� WATER QUALITY CERT. (401) CERT. REQ'D: y IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED:^Gv_ -P (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: O - WETLAND: - O — IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING AREA TO BE DREDGED: =)-& 6 77 IS DREDGING AC VITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? 1J79' SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; ME Washington Office RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: DIVISION OF ENVIRONMENTAL MANAGEMENT To: Bill Moore, Environmental Engineer Water Quality Section, WaRO From: Deborah Sawyer, Environmental Technician Water 7QalitySection, WaRO Date: % /� ` Subject: Request for Stormwater Review of Section 401 Applications PROJECT NAMEz PROJECT NUMBER: DATE RECEIVED: DATE FINAL COMMENT: /-7A N NOTE: See attached description of project L4i*H1 2NYY-F State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: 11 July 1995 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator & C) FEE HNF I CAMA/Dredge and Fill Permit Application Review REC NEO J1.11.17 1995 -4STAL ;?�Ef�1ENT /— Applicant: Thomas C. Jennette Project Location: Off US 164 adjacent Far Creek near Engelhard, Hyde County, North Carolina Proposed Project: To conduct maintenance excavation in a canal, Far Creek and an existing ditch, excavation of a boat basin, excavation of 1 new ditch, installation of mooring pilings, construction of a bulkhead and dock, and grading of the adjacent highground. Please indicate below your position or viewpoint on the proposed project and return this form by 1 August 1995. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the c comments. Signed4kz lac. Date / ,J 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF LAND RESOURCES LAN Q ALITY SECTION MEMORANDUM TO: John R. Parker, Jr./Stephen Benton Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain Assistant Land Quality Regsonal Engineer SUBJECT: This office will require that: 1. The area be properly graded. 2. A permanent ground cover sufficient to restrain erosion be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project comple- tion. 3. The exterior slopes of the disposal area dikes be an angle no steeper than 1 1/2 H: 1 V. 4. Appropriate erosion and sedimentation control devices, measures, or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 5. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. 6' 6. An erosion and sedimentation control plan be submitted at least 30 days prior to initiation of land -disturbing activities. 7. Additional information concerning the area of the land- ward disturbance be submitted to determine if an erosion control plan is required. 8. Other: r' State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Nancy W. Smith, Regional Manager IL IDFEE HNR DIVISION OF LAND RESOURCES LAND QUALITY SECTION July 14, 1995 Mr. Thomas C. Jennette Route 1, Box 228 D-2 Englehard, North Carolina 27824 RE: Site Improvements Hyde County Dear Mr. Jennette: As an agency involved in the Division of Coastal Management major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land -disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land -disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty (30) days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. Indicate critical areas such as wetlands, creeks, streams, drainageways, marsh, etc. 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-ccmumerpaper r Mr. Thomas Jennette July 14, 1995 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin, unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment, Health and Natural Resources, is included. The amount of the fee is based on $30 for the first disturbed or affected acre, plus $20 for each additional whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/ sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $500.00 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sinc rel , Pa rick H. cClain, P.E. Assistant Regional Engineer PHM:jt Enclosures cc: John R. Parker, Jr., Division of Coastal Management 0 Fj M�Mo UA I t L D 10 suBnc-li- AUG -ALAe zt�� 42 From. Noah Carolina Department of Environment. Health and Natural Resources '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 July 18, 1995 MEMORANDUM A 'I�V '4**A C)EHNR TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thomas C. Jennette PROJECT LOCATION: Off Hwy. 264 adj. Far Creek near Englehard, Hyde Co. PROPOSED PROJECT: Conduct maintenance excavation in a canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 8, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project.as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone919-733-2293 FAX919-733-1495 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 July 19, MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator /, • �' �EHNFtt R CEVE, JUL 291995 COASUL MN11�u��T SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Thomas J ette PROJECT LOCATION: Off US . 264 adj. Far Creek, near Engelhard, Hyde Co. PROPOSED PROJECT: To conduct maintenance excavation in a canal. Pleaqse indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed :J%G? �'/�' Date 7- 10, P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% postconsumer paper e 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 July 18, 1995 MEMORANDUM ITQ ?F A&4 0 ;VeA �EHNR TO- Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thomas C. ennette PROJECT LOCATION: Off US 264 adj. Far Creek near Englehard, Hyde Co. PROPOSED PROJECT: Conduct maintenance excavation in a canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 8, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed `�il- v —� o, Date — Z`�-� P.O. Box 27687, Rdelgh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 18, 1995 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources A74LJ IDEHNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator 10. ICW r� JUL 201995 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thomas Jeanette PROJECT LOCATION: Off Hwy. 264 adj. Far Creek near Englehard, Hyde Co. PROPOSED PROJECT: Conduct maintenance excavation in a canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 8, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. ?C This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date 7 S P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%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 July 18, 1995 MEMORANDUM TO: Mr. Lang R. Goode, Phd., P.E. Highway Administrator Division of Highways IDFEE HNR FROM: John Parker, Jr. Major Permits Processing Coordinator t J1A 25 �g95 NWt,«w..inEi1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Thomas CQJenn!tte PROJECT LOCATION: Off Hwy. 264 adj. Far Creek near Englehard, Hyde Co. PROPOSED PROJECT: Conduct maintenance excavation in a canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 8, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. Signed This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. to the project for reasons described in the Date 7 't L57 P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 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 tip• James B. Hunt, Jr., Governor WL Jonathan B. Howes, Secretary E H N F 1 Roger N. Schecter, Director 11 July 1995 f 11110(111'7\` 1 031 TO: Mr. William McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Thomas �. Jennette, — J Project Location: Off US 164 adjacent Far Creek near Engelhard, Hyde County, North Carolina Proposed Project: To conduct maintenance excavation in a canal, Far Creek and an existing ditch, excavation of a boat basin, excavation of 1 new ditch, installation of mooring pilings, construction of a bulkhead and dock, and grading of the adjacent highground. Please indicate below your position or viewpoint on the proposed project and return this form by 1 August 1995. 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 project only if the recommended changes are incorporated. See attached. is office objects to the project for reasons described in the ched comments. —7 Signed Date F 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 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 October 12, 1995 Certified Mail Return Receipt Requested Mr. Thomas C. Jennette Route 1, Box 228-D2 Englehard, NC 27824 Dear Mr. Jennette: OA - �EHNF� This letter is in response to your request for permits under the Coastal Area Management Act (LAMA) and the State Dredge and Fill Law to excavate a new boat basin and access channel, perform maintenance excavation in a canal, develop access roads, and install bulkheading and mooring facilities at your Far Creek property, in Englehard, in Hyde County. Processing of your application, which was received on June 27, 1995 and for which a notice of extended review'was provided on September 16, is now complete. Based on a joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposal in the Creek involves excavating approximately 8000 sq. feet of naturalized shallow water habitat. Additionally, some 565 sq. feet of marshland would be excavated along the shoreline; 2) Far Creek has been designated Primary Nursery Area by the Marine Fisheries Commission, and High Quality Water by the Environmental Management Commission; 3) During the course of the review, five state and Federal agencies recommended no excavation in Far Creek; 4) During the course of the review, the Division of Coastal Management received a letter from Attorney J. R. Vosburgh in which he expressed objections by adjacent riparian owner Lauren Jarvis who is concerned about his relatively new bulkhead being undermined by prop wash from large boats using the basin. As proposed, tie pilings and excavation would range from 5-10 feet from Mr. Jarvis' bulkhead; P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer paper Mr. Thomas C. Jennette Page 2 October 12, 1995 5) During the course of the review, Mr. Jarvis related, in conversation to staff of the Division of Coastal Management, that he was also concerned about the noise level from large boats maneuvering within approximately 50 feet of the sleeping quarters in his permanent residence; 6) Rules of the Coastal Resources Commission do not allow excavation in Primary Nursery Areas, except as needed to provide for continuation of ... "traditional and established use ". The proposed basin and access cut in Far Creek, unlike neighboring facilities, is new and not maintenance of an existing facility or for an existing use; 7) It has been determined that the Far Creek part of the project is inconsistent with the following partial listing of the Statutes and Rules of the Coastal Resources Commission: a) T15A:07H:0208(b)(1) which requires that navigation channels and boat basin must avoid Primary Nursery Areas; b) 07H.0208(b)(1)O) which provides for maintenance on a PNA only if it is to maintain ... "a traditional and established use ...", and c) N.C.G.S. 113-229 (e)(2) which provides that a permit may be denied upon finding a sugnificant adverse effect on the value and enjoyment of the property of any riparian owner. Given the preceding findings, it is necessary that your request for a permit under the CAMA and the state dredge and fill law be denied. This denial is made under N.C.G.S. 113A- 120(a)(8) which requires denial of the requested permit at any time the development is determined to be inconsistent with State guidelines and N.C.G.S. 113-229(e)(2) which provides for denial upon finding the proposed excavation would have a significant adverse effect on adjacent riparian owners. If you choose to pursue a variance from the rules cited by going before the Coastal Resources Commission, Division staff stand ready to advise you on the procedure. Should a variance be available, it is suggested that some redesign of the basin siting be considered in order to resolve all or part of the concerns of Mr. Jarvis. Alternatively, should you wish the Division to authorize the canal system and other jurisdictional parts of your project not covered by this denial, staff stand ready to complete that processing upon your request. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request Mr. Thomas C. Jennette Page 3 October 12, 1995 for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. O. Box 27687, Raleigh, NC 27611. Sincerely, Ro . Schecter, Director RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg Corps of Engineers Wilmington, NC -AWX Oka. 46 a Match Line Sheet 2 �— ■ t 5 0 Proposed °a > Road To e z I U.S.264 = e va ono a rl o f m 'o z & � •Q 08 0 lu I us r w ~ cc�— u D le o e to t I el an a W0 ? I oa f m ul e f of ad fro Is m J MN i Pop sed ask q B D' J^ w O l lro x Navigable D Future Plans as /p /04>1-reA o� �To Be Excavated To 12 Fool Channelh/l Do X/V�p D6,780 Cubic Yards Spoil A9 ftcvj' ` /e P+ fur R 072&� , 60 rb// L AND +eP,o° / sal / ee� NR yF9d2aYdAel//ao Ptros�n ato/Cab1do/■ Ort/aoffe 9aorb ` M 0a00, 20+ODoy Marker No.10 MAJOR MODIFICATION OF SAWCO 77- N-048-123-0642 (Southern Shores Seofood Permit) Engelhard -Hyde County-N.C. SUBMITTED BY RUSSELL T.• BLANCHARD P.O. Box 176 Engelhard, N. C. 27824 June 23,1979 Ma prepared, by David Ross Smlth,R.L.S. N. �. Req.No. Le66 W a t e r E Graphic ( Feet) Scale n c� E 'NVREc�ivE� 99 MEMORANDUM SEP; yAj5a 5 MANAGEtAENt TO: John Parker FROM: Terry Moore DATE: 26 September 1995 SUBJECT: Thomas C. Jennette Major CAMA Permit Application Per our recent telephone conversation reference the Thomas C. Jennette permit application, Jeff Schaffer and I have collected additional onsite information which is depicted in the attached field plat. We also submit two snap shot aerials which may be retained for your file. I have also included a copy of ,the plat attached to the Russell T. Blanchard permit first issued for excavation and fill activities in 1978 (Dredge and Fill No. 5-78). From review of the Blanchard plat, one can conclude that the Tom Jennette application is not a novel idea. However, things have changed quite a bit between 1978 and 1995 such as the construction of the Lauren Jarvis residence, etc. Our field information shows the proximity of the Corps of Engineers maintained channel in Far Creek in 1995 to be almost exactly as shown on the Blanchard application and within a buckets throw (±50') of the average dragline in Hyde County. From our conversation I have learned that several agencies have objected to digging Far Creek but not to the boat basin. I find this pretty short sighted to object to one and not the other since the two go hand in hand. I am familiar with DCM guidelines for excavation in PNA's and I support the Division of Marine Fisheries PNA designations. However, at some point in Far Creek I would question the PNA designation vs. what is in reality a commercial boat harbor. In other words, I think at some undetermined point the PNA functions most likely taper off and the impacts of a commercial fishing boat harbor pick up. The oil slick in one of the attached photos is only a slight example of what can be found in the harbor area on any given day. We (DCM field staff in the WaRO) have already made recommendations minimizing excavation in this area of the creek and relocating the basin to help reduce potential impacts on the Jarvis bulkhead. Therefore, I suppose that I arrive at the same position as earlier and conclude that regulatory guidelines as referenced in Subchapter 7H, environmental concerns, and a rationalization of the two vs. the project proposal do not justify an outright project denial. In consideration of N.C.G.S. 113-229(e) which states that "the Department may deny an application for a dredge and fill permit upon finding (1) . .. ; or (2) that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners;" there is no question. The project as proposed in my opinion will have a "significant adverse effect on the value and enjoyment" of the residential property of Lauren Jarvis. However before jumping to the conclusion of denial of the Dredge and Fill permit I think one should consider the following: , MEMORANDUM Jennette Application 26 September 1995 Page 2 (1) The statute says "may deny", not shall or will; (2) whether it just evolved or was designated, etc. the headwaters of Far Creek in Engelhard are actually a commercial fishing boat harbor; (3) tremendous public expenditures have been obligated for many years to help assure and perpetuate the commercial use of this area (i.e. Corps maintained channel); (4) the DCM issued a permit in 1978 which was consistent with and furthered the commercial use of the one and same area that is subject of the Jenrette application and the harbor in general; (5) the use of this area of Far Creek as a commercial fishing harbor was established well before Lauren Jarvis built his house in its present location; (6) Lauren Jarvis contributed to the commercial use and/or build up of this area as the original owner of the Big Trout Marina; (7) Lauren Jarvis was the adjacent property owner when Dredge and Fill Permit No. 5-78 was issued to Russell Blanchard for intense commercial development of the subject property; (8) residential development in this area of Far Creek is a minority use - Lauren Jarvis has the only residential structure on either side of Far Creek between the Hwy. 264 bridge crossing and the Jennette project proposal; (9) Lauren Jarvis was familiar with the traditional commercial use of this area of Far Creek before he built his house and; (10) the Corps channel, as shown on the Blanchard plat dated 23 June 1979, is on the north side of Far Creek adjacent to the Lauren Jarvis property such that every vessel coming or going has to pass his residence. Therefore there is no escaping the impact or effect of commercial boat traffic in this area. Therefore, the recommendation for issuance of a conditional permit from the WaRO field office remains the same. cc: Preston Pate Jeffrey Schaffer 6x15 m-rLA .rs y lwkAIA JARYIS OF Po,av T-7wFE2r( op MIC44F-L r'AF-ZJe-; VALE r"se4iwr7 31el / !_— \ Ktt 45' r =Ar- AMAL klATV M FROM FIELD ht5.: IRAWIA10T 01 �Awls mpew Ak� Nor To X4.6. toyArwNrs AbYA ARE AOVAL FIELD ME4JU). &FmW-r- Its- " . J '--- 4- > L E; , Z�l P PJLAIIc7 4xcA%),C `4,n4 L r. "WIM FIELD -PLAT WMEP BY - J-,EFr 5NAFFER Z2;!W?�rMWR 1171S.. .- _j. Tr United States Postal Official Busines PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here PEWTS COCWDINAI-Ok DNRC3 — COASTAL MANAGEMPIN P. O. BOX 276a7 bLNULK: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to the article number. 6. a4A) I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Article Addressc� 4a. Article Number l�lytAv,V r:T i .cr 4b. Service Type v/,z / n i, F..$l �J g�❑ Registered ❑ Insured C.C. (/47 j� Otd� ❑ Certified ❑ COD / p,� LT L ❑Express Mail ❑Return Receipt for Merchandise and fee is paid) 1aau nu.S.GPO: 1M-27sae1 DOMESTIC RETURN RECEIPT State of North Carolina Department of Environment, 'A Health and Natural Resources 4 Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E Roger N. Schecter, Director October 12, 1995 Certified Mail Return Receipt Requested Mr. Thomas C. Jennette Route 1, Box 228-D2 Englehard, NC 27824 Dear Mr. Jennette: . This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law to excavate a new boat basin and access channel, perform maintenance excavation in a canal, develop access roads, and install bulkheading and mooring facilities at your Far Creek property, in Englehard, in Hyde County. Processing of your application, which was received on June 27, 1995 and for which a notice of extended review was provided on September 16, is now complete. Based on a joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposal in the Creek involves excavating approximately 8000 sq. feet of naturalized shallow water habitat. Additionally, some 565 sq. feet of marshland would be excavated along the shoreline; - 2) Far Creek has been designated Primary Nursery Area by the Marine Fisheries Commission, and High Quality Water by the Environmental Management Commission; 3) During the course of the review, five state and Federal agencies recommended no excavation in Far Creek; 4) During the course of the review, the Division of Coastal Management received a letter from Attorney J. R. Vosburgh in which he expressed objections by adjacent riparian owner Lauren Jarvis who is concerned about his relatively new bulkhead being undermined by prop wash from large boats using the basin. As proposed, tie pilings and excavation would range from 5-10 feet from Mr. Jarvis' bulkhead; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Mr. Thomas C. Jennette Page 2 October 12, 1995 5) During the course of the review, Mr. Jarvis related, in conversation to staff of the Division of Coastal Management, that he was also concerned about the noise level from large boats maneuvering within approximately 50 feet of the sleeping quarters in his permanent residence; 6) Rules of the Coastal Resources Commission do not allow excavation in Primary Nursery Areas, except as needed to provide for continuation of ... "traditional and established use ". The proposed basin and access cut in Far Creek, unlike neighboring facilities, is new and not maintenance of an existing facility or for an existing use; 7) It has been determined that the Far Creek part of the project is inconsistent with the following partial listing of the Statutes and Rules of the Coastal Resources Commission: a) T15A:07H:0208(b)(1) which requires that navigation channels and boat basin must avoid Primary Nursery Areas; b) 07H.0208(b)(1)O) which provides for maintenance on a PNA only if it is to maintain ... "a traditional and established use ...", and c) N.C.G.S. 113-229 (e)(2) which provides that a permit may be denied upon finding a sugnificant adverse effect on -the value and enjoyment of the property of any riparian owner. Given the preceding findings, it is necessary that your request for a permit under the CAMA and the state dredge and fill law be denied. This denial is made under N.C.G.S. 113A- 120(a)(8) which requires denial of the requested permit at any time the development is determined to be inconsistent with State guidelines and N.C.G.S. 113-229(e)(2) which provides for denial upon finding the proposed excavation would have a significant adverse effect on adjacent riparian owners. If you choose to pursue a variance from the rules cited by going before the Coastal Resources Commission, Division staff stand ready to advise you on the procedure. Should a variance be available, it is suggested that some redesign of the basin siting be considered in order to resolve all or part of the concerns of Mr. Jarvis. Alternatively, should you wish the Division to authorize the canal system and other jurisdictional parts of your project not covered by this denial, staff stand ready to complete that processing upon your request. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request Mr. Thomas C. Jennette Page 3 October 12, 1995 for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. 0. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611. Sincerely, Ro . Schecter, Director RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg Corps of Engineers Wilmington, NC --� - State of North Carolina VA Department of Environment, Health and Natural Resources 4 • • Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director October 12, 1995 Certified Mail Return Receipt Requested Mr. Thomas C. Jennette Route 1, Box 228-D2 Englehard, NC 27824 Dear Mr. Jennette: This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law to excavate a new boat basin and access channel, perform maintenance excavation in a canal, develop access roads, and install bulkheading and mooring facilities at your Far Creek property, in Englehard, in Hyde County. Processing of your application, which was received on June 27, 1995 and for which a notice of extended review was provided on September 16, is now complete. Based on a joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposal in the Creek involves excavating approximately 8000 sq. feet of naturalized shallow water habitat. Additionally, some 565 sq. feet of marshland would be excavated along the shoreline; 2) Far Creek has been designated Primary Nursery Area by the Marine Fisheries Commission, and High Quality Water by the Environmental Management Commission; 3) During the course of the review, five state and Federal agencies recommended no excavation in Far Creek; 4) During the course of the review, the Division of Coastal Management received a letter from Attorney J. R. Vosburgh in which he expressed objections by adjacent riparian owner Lauren Jarvis who is concerned about his relatively new bulkhead being undermined by prop wash from large boats using the basin. As proposed, tie pilings and excavation would range from 5-10 feet from Mr. Jarvis' bulkhead; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper Mr. Thomas C. Jennette Page 2 October 12, 1995 5) During the course of the review, Mr. Jarvis related, in conversation to staff of the Division of Coastal Management, that he was also concerned about the noise level from large boats maneuvering within approximately 50 feet of the sleeping quarters in his permanent residence; 6) Rules of the Coastal Resources Commission do not allow excavation in Primary Nursery Areas, except as needed to provide for continuation of ... "traditional and established use ". The proposed basin and access cut in Far Creek, unlike neighboring facilities, is new and not maintenance of an existing facility or for an existing use; 7) It has been determined that the Far Creek part of the project is inconsistent with the following partial listing of the Statutes and Rules of the Coastal Resources Commission: a) T15A:07H:0208(b)(1) which requires that navigation channels and boat basin must avoid Primary Nursery Areas; b) 07H.0208(b)(1)0) which provides for maintenance on a PNA only if it is to maintain ... "a traditional and established use ...", and c) N.C.G.S. 113-229 (e)(2) which provides that a permit may be denied upon finding a sugnificant adverse effect on the value and enjoyment of the property of any riparian owner. Given the preceding findings, it is necessary that your request for a permit under the CAMA and the state dredge and fill law be denied. This denial is made under N.C.G.S. 113A- 120(a)(8) which requires denial of the requested permit at any time the development is determined to be inconsistent with State guidelines and N.C.G.S. 113-229(e)(2) which provides for denial upon finding the proposed excavation would have a significant adverse effect on adjacent riparian owners. If you choose to pursue a variance from the rules cited by going before the Coastal Resources Commission, Division staff stand ready to advise you on the procedure. Should a variance be available, it is suggested that some redesign of the basin siting be considered in order to resolve all or part of the concerns of Mr. Jarvis. Alternatively, should you wish the Division to authorize the canal system and other jurisdictional parts of your project not covered by this denial, staff stand ready to complete that processing upon your request. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request Mr. Thomas C. Jennette Page 3 October 12, 1995 for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. O. Box 27687, Raleigh, NC 27611. Sincerely, Rog . Schecter, Director RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg Corps of Engineers Wilmington, NC JAMES R. VOSBURGH COUNSELOR AT LAW . 135 NORTH MARKET STREET WASHINGTON. NORTH CAROLINA 27889 919-946-4050 FAX 919-940--2700 June 13,1995 Mr. Terry Moore, District Manager North Carolina Division of Coastal Management P. O. Box 2188 Washington, NC 27889-2188 Dear Mr. Moore: I have been retained by Mr. Wayne Lauren Jarvis who resides at the Big Trout Marina in Engelhard, North Carolina. Mr. Jarvis has received a copy of the proposal by Mr. Thomas C. Jennette with regard to excavation and filling of coastal wetlands and the construction of a dock and bulkhead immediately across a drainage ditch from his property. Mr. Jarvis has recently expended approximately $20,000 installing a bulkhead to preserve his property. Tile plans which are shown on sheet number three of the five sheets, as well as sheet two. display a plan that would create a hazard to Mr. Jarvis' property. as well as violate many of the rules, regulations. and provisions of the Coastal Area Management Act. One of the primary objections to the proposed project is the excovation of the entrance to what is presently a farm drainage ditch to such a degree that it would become a small harbor for boats with a dock and bulkhead that would generate enough boat traffic and enough high pressured landing and turning of boats that would virtually destroy the bulkhead that Mr. Jarvis has recently constructed. Obviously. Mr. Jennelte is in the commercial fishing business and o,,vns several sixty foot shrimp trawlers. In spite of the fact that he may contend that the facilities placed there, would be for personal use, they would be for personal use on a commercial basis.. It is respectfully requested that both Mr. Wayne Lauren Jarvis and myself be adequately notified and adv sed well in advance of any meetings or discussions which the CAMA officials or anyone else having investigative or permissive powers over this project for Mrr. Jennelte so that Mr. Jarvis can be heard. represented. and express Ills opposition. Mr. Jarvis' health has been such that it has compelled him to sell all of his interests at the Big Trout Marina except for his private home and his boat slip. He has had several heart attacks and has had triple by-pass surgery and tension and strain is not something he needs a lot of. Also, his wife has been diagnosed with lymphoma cancer and she is now during her sixth year of treatment and in her fourth series of chemotherapy. Her health condition is such that any worry over the commercialization of the adjacent property by Mr. Jennette or anyone else could be extremely injurious to her health. Yours very truly. James R. Vosburgh JRV/mfh CC: Wayne Lauren Jarvis State of North Carolina Department of Environment, Health and Natural Resources 4 • • Division of Coastal Management _ James B. Hunt, Jr., Governor rl� Jonathan B. Howes, Secretary 1:3 E H N F1 Roger N. Schecter, Director October 12, 1995 Certified Mail Return Receipt Requested Mr. Thomas C. Jennette Route 1, Box 228-D2 Englehard, NC 27824 Dear Mr. Jennette: This letter is in response to your request for permits under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law to excavate a new boat basin and access channel, perform maintenance excavation in a canal, develop access roads, and install bulkheading and mooring facilities at your Far Creek property, in Englehard, in Hyde County. Processing of your application, which was received on June 27, 1995 and for which a notice of extended review was provided on September 16, is now complete. Based on a joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposal in the Creek involves excavating approximately 8000 sq. feet of naturalized shallow water habitat. Additionally, some 565 sq. feet of marshland would be excavated along the shoreline; 2) Far Creek has been designated Primary Nursery Area by the Marine Fisheries Commission, and High Quality Water by the Environmental Management Commission; 3) During the course of the review, five state and Federal agencies recommended no excavation in Far Creek; 4) During the course of the review, the Division of Coastal Management received a letter from Attorney J. R. Vosburgh in which he expressed objections by adjacent riparian owner Lauren Jarvis who is concerned about his relatively new bulkhead being undermined by prop wash from large boats using the basin. As proposed, tie pilings and excavation would range from 5-10 feet from Mr. Jarvis' bulkhead; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper _I Mr. Thomas C. Jennette Page 2 October 12, 1995 5) During the course of the review, Mr. Jarvis related, in conversation to staff of the Division of Coastal Management, that he was also concerned about the noise level from large boats maneuvering within approximately 50 feet of the sleeping quarters in his permanent residence; 6) Rules of the Coastal Resources Commission do not allow excavation in Primary Nursery Areas, except as needed to provide for continuation of ... "traditional and established use ". The proposed basin and access cut in Far Creek, unlike neighboring facilities, is new and not maintenance of an existing facility or for an existing use; 7) It has been determined that the Far Creek part of the project is inconsistent with the following partial listing of the Statutes and Rules of the Coastal Resources Commission: a) T15A:07H:0208(b)(1) which requires that navigation channels and boat basin must avoid Primary Nursery Areas; b) 07H.0208(b)(1)O) which provides for maintenance on a PNA only if it is to maintain ... "a traditional and established use ...", and c) N.C.G.S. 113-229 (e)(2) which provides that a permit may be denied upon finding a sugnificant adverse effect on the value and enjoyment of the property of any riparian owner. Given the preceding findings, it is necessary that your request for a permit under the CAMA and the state dredge and fill law be denied. This denial is made under N.C.G.S. 113A- 120(a)(8) which requires denial of the requested permit at any time the development is determined to be inconsistent with State guidelines and N.C.G.S. 113-229(e)(2) which provides for denial upon finding the proposed excavation would have a significant adverse effect on adjacent riparian owners. If you choose to pursue a variance from the rules cited by going before the Coastal Resources Commission, Division staff stand ready to advise you on the procedure. Should a variance be available, it is suggested that some redesign of the basin siting be considered in order to resolve all or part of the concerns of Mr. Jarvis. Alternatively, should you wish the Division to authorize the canal system and other jurisdictional parts of your project not covered by this denial, staff stand ready to complete that processing upon your request. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request Mr. Thomas C. Jennette Page 3 October 12, 1995 for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. O. Box 27687, Raleigh, NC 27611. Sincerely, Ro . Schecter, Director RNS/aw cc: Mr. Jeffrey Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg Corps of Engineers Wilmington, NC 1. 2. 3. 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Thomas C. Jennette LOCATION OF PROJECT SITE: Hyde County off US Hwy 264 adjacent Far Creek near Engelhard Photo Index - 1989: NA 1984: NA 1978: 76-615 R-16,17; S-16,17; T-16,17; 1 U-16; V-16,17, W-16,17, X-16 State Plane Coordinates - X: 2,897,000 Y� 656,000 Engelhard East Quad (Upper Left Corner) INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/29/95 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application deceived - 6/27/95 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Rural (land); Conservation (water) (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Warehouse Planned - Bulkhead, dock & pilings (G) Estimated Annual Rate of Erosion: 1' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands f 564 ftz (Coastal) (B) Non -Vegetated Wetlands ±26,113 ftz (Canal & Creek Bottom) (C) Other f5,220 ftz ±31,905 ftz (High Ground) (D) Total Area Disturbed: 1.4 acres (E) Primary Nursery Area: Yes (F) Water Classification: SC HQW Open: No 8. PROJECT SUMMARY: Applicant proposes to conduct maintenance excavation in a canal, Far Creek and an existing ditch, excavation of a boat basin off a ditch adjacent Far Creek, excavation of 1 new ditch, installation of mooring pilings, construction of a bulkhead and dock, and grading of the adjacent high ground. Thomas C. Jennette Maintenance excavation in Far Creek and adjoining canal and ditch, bulkhead, dock, boat basin, pilings, and ditch excavation Engelhard, Hyde County Project setting The project site encompasses 2 lots located off U.S. Highway 264 across from SR 1315 adjacent Far Creek near Engelhard in Hyde County, North Carolina. The area covered by these 2 lots totals ±8 acres. Lot 1 is 4.85 acres and is situated adjacent US Highway 264. Lot 2 is 3.443 acres and lies southeast of Lot 1 adjacent Far Creek. Lot 2 is bordered on the south by a ±10' wide boundary line ditch, on the east by Far Creek, the north by adjacent high ground property owned by Messrs. Gordon and Michael Meekins, and the west by a tract of 404 and Coastal Wetlands also owned by the Meekins. The lots are currently undeveloped with the exception of a warehouse in the northwest comer of Lot 1. Lot 1 is primarily vegetated by Scirpus spy, Distichlis snicata and Lmha op. A portion of Lot 1 is covered by upland grasses and woody vegetation including myrtles, pines red maples and poison ivy. The bank of the canal adjacent Lot 1 is vegetated mainly by Scirpus W., Distichlis snicata and Juncus roemerianus. The predominate vegetation on Lot 2 is upland grasses that have been planted within the past year due to prior land disturbing activities. A fringe of coastal wetlands on Lot 2, bordering Far Creek, contains Distichlis snicata, Soartina alterniflora, Snartina patens, and Juncus roemerianus. The bank of the ditch adjacent to Lot 2 is vegetated mainly by pines, red maples and briers. The wooded wetland area of Lot 2 contains pines, myrtles, red maples and poison ivy. Far Creek is an Estuarine Water and Public Trust Area classified as SC HQW waters by the Environmental Management Commission. Far Creek is also designated as a Primary Nursery Area. Although shellfish inhabit the waters of Far Creek, this area is closed to harvest. Project description On Lot 1, the applicant is proposing maintenance excavation of the landward most reaches of an existing ±1,949' long x ±25' wide canal. This proposed maintenance digging is along the south side of the existing boundary canal and covers an area 1,045' long x 121h' wide. The area to be maintained has an existing depth of 2' NWL, with an average depth of 3' of material to be removed. The adjacent property owner has requested maintenance excavation for the ±904' long section at the waterward end of the canal. The applicant is proposing a 70' long x 6' wide x 4' deep drainage ditch in high ground on Lot 1. The ditch would be located ±260' east of the landward end of the canal, near the metal warehouse and off the proposed canal maintenance. The spoil material from the previously discussed excavations are proposed to be placed on the adjacent high ground surrounding the existing metal building. Coastal Wetlands as well as 404 wetlands have been delineated on this property. The applicant is proposing to construct a 648' long retaining wall/bulkhead along the Coastal Wetland line on Lot 1 east of the metal warehouse. 70' feet of the proposed retaining wall/bulkhead will be adjacent the proposed ditch. The majority of the proposed project would occur on Lot 2. Here the applicant is proposing maintenance excavation of a 165' long x 50' wide x 6' deep boat docking area in Far Thomas C. Jennette Engelhard, Hyde County Page 2 Creek to connect to a proposed high ground boat basin. The average water depth in the proposed area of excavation is -3' NWL. Therefore, the average depth of 3' of material.to be excavated to establish a finished depth of -6' NWL. At the southeast comer of Lot 2, the applicant is proposing to construct a 100' long x 48' wide x 6' deep NWL boat basin in an area of high ground. The proposed boat basin incorporates an existing boundary ditch between the applicant and the adjacent property owner to the south. The high ground elevation is ±31/2' above NWL. This proposal also includes the excavation of a ±564 ft2 fringe of Coastal Wetlands dominated by S. alterniflora. The proposed excavation would result in a total of ±1,689 cubic yards of spoil material which is proposed to be stockpiled and eventually sloped and graded on the adjacent high ground. The applicant is also planning to bulkhead the proposed basin, install six mooring pilings and construct a dock. The proposed bulkhead will be 262' long and will run along the landward edge of the proposed boat basin to where the basin enters Far Creek and then follow the shoreline along Far Creek to the property line. The proposal calls for the six 12" mooring pilings to be placed immediately adjacent the southern property line which runs down the center of the existing ±10' boundary ditch. The dock, as proposed, will be 262' long x 6' wide and placed landward of the proposed bulkhead. The proposed dock will generally follow the alignment of the bulkhead until it enters Far Creek. At that point, the proposed dock will continue on the waterward side of the proposed bulkhead bordering Far Creek. The applicant is also proposing maintenance excavation of an existing 122' long x 10' wide ditch and installation of a culvert to connect the existing ditch to the boundary ditch adjacent the west property line of Lot 2. The amount of material to be removed during the proposed excavation is 1' for a total of ±45 cubic yards. The existing ditch is within the area designated as 404 wetlands by the U.S. Army Corps of Engineers and would ran perpendicular to the long drainage ditch that runs along the southern edge of the project site. The proposed culvert will run under the existing access road. The spoils from the proposed excavation would be placed on a relic spoil berm immediately adjacent the ditch. Anticipated impacts The proposed project will result in the loss of 564 ft2 of Coastal Wetlands due to excavation. The proposal also will result in the excavation of 13,063 ft2 of canal bottom and 13,050 ft2 of creek bottom for a total of 26,113 W. The proposal calls for ± 5,220 ft2 of high ground to be excavated and ± 31,905 ft2 of high ground to be filled for a total of ±37,125 ft2 of affected high ground. The excavation activities associated with this project will result in short term, localized turbidity. The associated spoils are to be placed onto adjacent high ground behind the proposed retaining wall/bulkhead on Lot 1 and the proposed bulkhead on Lot 2. Jeffrey R. Schaffer - 7 July 1995 Washington Regional Office May 22, 1995 Mr, Terry Moore, District Manager N.C. Division of Coastal Management PO Box 2188 Washington, N.C. 27889-2188 Dear Mr. Moore: Enclosed please find an application to dredge and or fill, submitted in behalf of Mr. Thomas C. Jennette. The project site is located just outside Englehard along U.S.264 and Far Creek in Hyde County. Mr. Jennette ownes two separate tracts that become tangent at one point. The first tract, 4.85 acres, is located along U.S.264 and has a building on it. A 25' canal separates this tract from that owned by C. Gilbert Gibbs. (P/L is center of canal) The second tract, 3.443 acres, is 165' wide and lies along Far Creek. A ditch separates this tract from that of Mr. Lauren Jarvis (P/L is center of ditch). On the first tract, Mr. Jemrette would like to deepen his side of the canal to -5' (from highway 264 r/w to the Meekins' property line - a distance of 1045') This is maintenance excavation of previous permit nos. SWAC079-N-048-000281 and D&F #5-78/CAMA 106-79. In addition, he proposes to excavate a 6' wide by 4' deep ditch along the high ground side of the flagged COE and CAMA lines (they run concurrently for the proposed 70' length of the ditch). This ditch will tie in with the canal. Spoil from both excavations are to be placed on (already flagged) high ground that surrounds the building on site. A 1' high wood bulkhead will contain the 8"-10" of spoil that will be placed on tract one. All additional spoil from tract one excavations will be tuckea to tract two. Mats will be placed under all equipment when operating in marsh areas. On the second tract, Mr. Jennette would like to excavate (by dragline) a 50'x165' wide access channel along Far Creek and create a 48' by 100' boat basin on the southern confer of the tract (to -6'). Spoil from both excavations will be placed on adjacent high ground (see drawings). A proposed heated wood bulkhead will stabilize the landward side of the basin excavation , then turn and run with the CAMA line (along Far Creek) for a distance of 122' to the Meekins' property line. A proposed 6' wide heated wood dock will be laid on the finished grade surrounding the basin, then run immediately in front of the bulkhead along Far Creek (over the coastal wetlands). Approximately 564 square feet of coastal wetlands will be excavated in the basin construction. Six 12" wide mooring pilings are proposed just inside the Jarvis/ Jemiette P/L opposite the boat basin. The remainder of Mr. Jennette's high ground on tract two will he graded, sloped, and seeded. The proposed work on both tracts are for Mr. Jennette's private use and no commercial activities are associated with this application. No coastal wetlands or "404" wetlands are proposed to be filled in this application (note: the Corps has indicated they will delineate the existing spoil bank on tract two when requested). If there are any questions concerning this application, please feel free to call me at 328-6650. Thank you for your favorable response to this request. Sincerely, Bill Powell Rt. 1 Box 148 Farmville, N.C. 27828 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 September 13, 1995 Mr. Thomas C. Jennette Route 1, Box 228-D2 Engelhard, NC 27824 Dear Sir: �r� �• :rx c This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to conduct maintenance excavation in a canal, Far Creek and an existing ditch, located off US Hwy. 264 adjacent Far Creek Near Engelhard, in Hyde County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make November 22, 1995 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, I Joh . Parker, Jr. Major ermits Processing Coordinator JRP:jr/aw cc: Jeffrey R. Schaffer DCM--Washington P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources &JA Division of Coastal Management �vvJames B. Hunt, Jr., Governor rrd Jonathan B. Howes, Secretary C) E H F:Dt' Roger N. Schecter, Director 11 July 1995 Mr. Thomas C. Jeanette Route 1, Box 228-D2 Engelhard, North Carolina 27824 Dear Mr. Jeanette: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off US 264 adjacent Far Creek near Engelhard, Hyde County, North Carolina. it was received on 27 June 1995 and appears to be adequate for processing at this time. The projected deadline for making a decision is 10 September 1995. 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 919-9466481 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 MEMORANDUM AF. +.tea IDEHNFRI y V TO: John Parker M REcEIV EQ -� THROUGH: Terry Moore %�% JUL 12199a FROM: Jeff Schaffer 7 r N �>Jli j f tl. DATE: 7 July 1995 idpyNGE?AEPdT SUBJECT: Thomas C. Jennette Major Permit Application Z` This office has received one objection to Mr. Jennette's proposal, please see the attached copy. My comments, recommendations and or conditions will be submitted pending further review. 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 TO: Jim Mulligan Deborah Sawyer FROM: Jeff Schaffer DATE: 11 July 1995 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Thomas C. Jennette Hyde County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 27 June 1995. ' I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. To: Division of Coastal Management This will attest that we have no objections to Mr. Thomas C..iennette's proposal to excavate the existing drainage ditch between our properties to P deeper than it now exists. George Michael Meekit s Date Gordon W. Meekins n •9 James B. Hunt, Jr., Governor R LS. - Jonathan B. Howes, Secretary Roger N, Schecter, Director Jt1L "`? 11 July 1995 !1 [/ a^ DiV.OFENViRONNiENTAL MEMORANDUM k------ TO: Ms. Patti Fowler, Environmental Health Program Speciatist. `3 1995 Shellfish Sanitation Section. „Lily& FROM: John R. Parker, Jr. �� EQ 114AVCH Major Permits. Processing Coordinator SEP lg 1995 o Gti �ir,� P SUBJECT: CAMA/Dredge and Fill Permit Application Revie MAR;'Gf.ME% � 6� Applicant: Thomas C. Jennette $ g Project Location: Off US 164 adjacent Far Creek near Engelhard, y e County, North Carolina Proposed Project: To conduct maintenance excavation in a canal, Far Creek and an existing ditch, excavation of a boat basin, excavation of 1 new ditch, installation of mooring pilings, construction of a bulkhead and dock, and grading of the adjacent highground. Please indicate below your position or viewpoint on the proposed project and return this form by 1 August 1995. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Date % S Signed 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 MEMO Q qqq di, DATE: D SUBJECT: TO: AUG 9 1995 i i R 199S cr�� �5ZW Qorth J�V sting / 1 i ation !�� Ig of ea O orm Jeff From: ted. North Carolina Department of Environment, Health, and Natural Resources COp peEonRecycled Paper This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the (2M�& �ed comments. Signed _ _ Date % S 9/465 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 REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 20, 1995 Action ID. 199504476 and Nationwide Permit No. 18 (Minor Discharges) Mr. Tom Jennette Route 1, Box 228 Engelhard, North Carolina 27824 Dear Mr. Jennette: sg d6199 Please reference your application received August 1,9 fo O Department of the Army (DA) authorization to discharge fill e ' in 4,356 square feet (0.1 AC) of Section 404 wetlands on your property located on the south side of U.S. Highway 264, within the Community of Engelhard, adjacent Far Creek, Hyde County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards; 50' b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; C. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands' and; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with your submitted plans, the enclosed conditions, and provided you obtain a Section 401 Water Quality Certification w -2- from Mr. John Dorney, North Carolina Division of Environmental Management, at telephone (919)733-1786, and a Consistency Determination from Mr. Steve Benton, North Carolina Division of Coastal Management, at telephone (919)733-2293. This verification will be valid until the nationwide permit is modified, reissued or revoked, which will occur prior to January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits, which will be announced by public notice when they occur. If you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. Thank you for your time and cooperation. If you have any questions or comments, please address them to Mr. Mickey Sugg, Washington Regulatory Field Office, at telephone (919)975-1616, extension 24. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker p7orth 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 Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore, District Manager Washington Field Office North Carolina Division of Coastal Management Post office Box 2188 Washington, North Carolina 27889 UNITED STATES POSTAL SERVICE II II I, Official Business PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here • �IL�- ��p�Ji�LL VJILVIS P3�- 67, E957' CA��aN9 unl��/,EQSi �Y ��EIfVIdI.L�IN �7�d0 • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & 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 mailpiece, or on the back if space does not permit. • Write"Return Receipt Requested" on the mailpiece below the article numbs • The Return Receipt Fee will provide you the signature of the person deliven to: Cr cij1V aT 611,535 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery nsult postmaster for fee. 4a. 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MAIL 77 PENALTVPOR PRIVATE USE, $300 Print your name, address and ZIP Code here (�IIuw -YoPJI5,Lt, r_A,51- c4r2oUtj4 uw,VEk6 j'J. c, azy58 • Complete items 1 and/or 2 for additional services. • Complete items 3, and ba & 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 mailpbce, or on the back if space does not permit. • Write "Rewire Receipt Requested" on the mailpiece below the article numbs • The Return Receipt Fee will provide you the signature of the person deliver to and the date of delivery. to: I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery MQ. mjC4jaEi, Mkr,4 "7 3g s�� 4b. Serrvv ice Type O X ' �1�� El Registered Q,Jnsured Certified ❑ COD GW ° L.F442V) ,C �� 8� ¢ Express Mail ❑Return Receipt for Merchandise Addressee's Ad and fee is paid) *UAGIP0:1991-297-0e6 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE �"�O V /V ONIoW BuWnen r l P M u i5gc, PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here 13L1d. 70 vi fr, .L vJI "oS R2o>fI j�AS-t 64wwt,14 u�1,Jr�srr� CjrzF-FAPUII'LG jr4c- d7g5-9 OLIYlJen: I also wish to receive the • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & 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 mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers — —._ _.—...__. r....•,d.....•....��.er s.r ree to: AIR LAnu4 PF1 04.}2iK, 1i161 IW/vtl-n61,%iZIN{r- C--IJ 6 V- 4,+Av, O'► 'c 4 5. Signature V 31S szq cis 4b. Service Type ❑ Registered ❑ Insured A Certified ❑ COD b Express Mail ❑ Return Receipt for and fee is paid) *U.S. GPO:1991-2e7m6 DOMESTIC RETURN RECEIPT STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Isee 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 post office service window or hand it to your rural carder Ino extra ch igel. 2. If you do not want this receipt postmarked, stick the gummed stub to the right o1 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, Firm 3811, and attach it to the front of the article by means of the gummed ends it space permits. Otherwiseaffix to back of article. 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II� Receipt for Certified Mail - No Insurance Coverage Provided v wiii.`c: Do not use for International Mail (See Reverse) Sent to NNa Stl7t1a4 P.O., State and ZIP Code n/G �7 Postage Carlitied Fee J Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered L) Return Recei t h I Whom, Date, and ddr TOTA IVKI.. & Fe $ p Z � p PostUllugis�31P 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 (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the arbde, date, detach and retain the receipt, and mail the article. 3. If you want a relorn 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 qummed ends if 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 au authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blacks in item I of Form 3811. 6. Save this receipt and present it if you make inquiry. I U.S. GPO. 1991-302.916 P 338 529 617 Receipt for Certified Mail No Insurance Coverage Provided .o ;tiaY::Kt Do not use for International Mail ISes Reversal Sam w Street antl o. P.O., Sta--tarrantl ZIP Cooe _/^��^ r N` 6y %Oai Postage Certiiehtl Fee O Special Daliwvy Fee Rsstrktetl Delivery Fee Return Receipt Showing to Whom a Date Delivered O Return Receipt Showing to Whom, Date, nd.AAdaW%.LAddress TOT stage I , $ n A Pol� k t 15 4373 1VIS & DAVIS TORNEYS AT LAW \N QUARTER. N.C. running thence North 46 degrees 55 minutes 08 seconds East, 124.274 feet to a point; running thence North 42 degrees 14 minutes 12„ seconds East, 13.859 feet to a point; running thence North 47 degrees 45 minutes 48 seconds West, 30.000 feet to a point in the Southeast boundary of the First Tract described above; running thence South 42 degrees 14 minutes 12 seconds West to the point of beginning. Said easements are to be used as a means of ingress and egress for men and equipment and utility lines passing between U. S. Highway #264 and the parcels of land being hereby conveyed and for such other purposes as easements are customarily used. The said George Michael Meekins and Gordon Wendell Meekins, Jr., two of the parties of the first part, reserve for themselves, their heirs and their assigns, an easement or right of way 30 feet in width across that strip of land which is more particularly described as follows: BEGINNING in the Westwardmost corner of the Second Tract described above; running thence South 53 degrees 19 minutes 35 seconds East, 619.223 feet to a point; running thence North 39 degrees 24 minutes 08 seconds East, 165.00 feet to a point evidenced by an iron pipe set in the ground in the Northeast boundary of the Second Tract described above; running thence North 55 degrees 19 minutes 35 seconds West, along the Northeast boundary of the Second Tract described above, 30.020 feet to a point evidenced by another iron pipe set in the ground; running thence South 39 degrees 24 minutes 08 seconds West, 135.000 feet to a point; running thence North 53 degrees 19 minutes 35 seconds West,'559.223 feet to a point; running thence North 42 degrees 55 minutes 08 seconds East, to a point situated in the Northeast boundary of the Second Tract described above; running thence North 53 degrees 19 minutes 35 seconds West, to the Northwardmost corner of the Second Tract described above; running thence South 42 degrees 55 minutes 08 seconds West along the Northwest' boundary of the Second Tract described above, 160.960 feet to a point evidenced by an iron rod set in the ground; continuing thence South 42 degrees 55 minutes 08 seconds West, 4.838 feet to the point of beginning. Said easement is to be used as a means of ingress and egress for men and equipment passing between U. S. Highway #264 and "Parcels 2 and 2AII shown on the above referred to White map and the right to drain through and maintain the ditch that runs along or near the Northwest boundary of the Second Tract described above. Said easement is also to be used as a means to run or cause to be run utility lines, including, but not limited to, electric, telephone, and water lines to the said "Parcels 2 and 2A11. All of the easements herein described shall be used in common with all of the land shown on the above referred to map. J 153p72 continuing thence North 53 degrees 19 minutes 35 seconds West, 619.223 feet to the point of beginning, containing 3.443 Acres, more or less. Said parcel of land is shown on the above referred to White map as "Parcel 111. THIS CONVEYANCE IS BEING MADE TOGETHER WITH THE FOLLOWING EASEMENTS OR RIGHTS OF WAY: FIRST EASEMENT: BEGINNING in the Westwardmost corner of the Second Tract described above; running thence North 53 degrees 19 minutes 35 seconds West, 798.330 feet to the Southwardmost corner of the above referred to Green parcel; running thence North 39 degrees 24 minutes 08 seconds East, 145.000 feet to a point evidenced by an iron rod set in the ground in the Eastward corner of the said Green parcel; running thence North 53 degrees 19 minutes 35 seconds West, along the Northeast boundary of said Green parcel, 210.000 feet to an iron pipe set in the ground in the Northward corner of said Green parcel; running thence North 39 degrees 24 minutes 08 seconds East, along the Southeast edge of the right of way of U. S. Highway #264, 30.0 feet to a point; running thence South 53 degrees 19 minutes 35 seconds East, 240.02 feet to a point; running thence South 39 degrees 24 minutes 08 seconds West, 145.000 feet to a point; running thence South 53 degrees 19 minutes 35 seconds East, 768.330 feet, more or less, to a point in the Northwest boundary of the Second Tract described above; running thence South 42 degrees 55 minutes 08 seconds West, 30 feet more or less to the point of beginning. SECOND EASEMENT: BEGINNING at a point which point is located as follows: BEGINNING in the Southwardmost corner of the First Tract described above; running thence North 46 degrees 23 minutes 52 seconds East, along the Southeast boundary of said First Tract, 16.141 feet to the point of beginning of the easement being hereby described; running from said beginning point South 46 degrees 23 minutes 52 seconds West, 16.141 feet to a point evidenced by an iron rod set in the ground in the southwardmost corner of said First Tract; continuing thence South 46 degrees 23 minutes 52 seconds West,' 124.274 feet to a point evidenced by another iron rod set in the ground; running thence South 42 degrees 55 minutes 08 seconds West, 4.055 feet to a point evidenced by another iron rod set in the ground in the Northwardmost corner of the Second Tract described above; running thence South 53 degrees 19 minutes 35 seconds East, along the Northeast boundary of the Second Tract described above to a point situated 30 ,vis DAVIS feet in a Southeastward direction from 'ORNETS AT LAW the Northwest boundary of this easement N QUARTER. N.D. when measured perpendicular thereto; 153P 71 VIS & DAVIS DRNEYS AT LAW 4 QUARTER. N.C. point evidenced by an iron rod set in the ground; continuing thence South 42 degrees 14 minutes 12 seconds West, 178.895 feet to a point evidenced by another iron rod set in the ground; running thence South 46 degrees 23 minutes 52 seconds West, 16.141 feet to a point evidenced by another iron rod set in the ground; running thence North 53 degrees 19 minutes 35 seconds West, along one of the Northeast boundaries of the lands described in a deed of even date herewith from the party of the second and his wife to Gordon Wendell Meekins, Jr. and George Michael Meekins, 1033.919 feet to the point of beginning, containing 4.850 Acres, more or less. Said parcel of land is shown on the above referred to White map as "Parcel 1 All. SECOND TRACT: BEGINNING at a point which point is located as follows: BEGINNING in the Southward corner of that parcel of land described in the above referred to deed from Donald B. Green and others to Peggy W. Green and others; running thence South 53 degrees 19 minutes 35 seconds East, along the center line of a ditch, 798.330 feet to the point of beginning of the parcel of land being hereby conveyed; running from said beginning point North 42 degrees 55 minutes 08 seconds East, 4.838 feet to a point evidenced by an iron rod set in the ground; continuing thence North 42 degrees 55 minutes 08 seconds East, 160.960 feet to a point evidenced by another iron rod set in the ground; running thence South 53 degrees 19 minutes 35 seconds East, along one of the Southwest boundaries of the lands described in a deed of even date herewith from Thomas C. Jennette and wife to George Michael Meekins and Gordon Wendell Meekins, Jr., 579.023 feet to a point evidenced by an iron pipe set in the ground; running thence South 55 degrees 19 minutes 35 seconds East, 30.020 feet to a point evidenced by another iron pipe set in the ground; running thence South 53 degrees 19 minutes 35 seconds East, 300.00 feet to a point evidenced by another iron pipe set in the ground; running thence South 53 degrees 19 minutes 35 seconds East,,10.852 feet to a point in the mean high water mark of Far Creek; running thence in a generally Southwest and West direction, along the edge of the mean high water mark of Far Creek and along the meanders thereof along the courses and for the distances as follow: South 44 degrees 29 minutes 32 seconds West, 104.600feet; South 74 degrees 03 minutes 10 seconds West, 56.443 feet; North 86 degrees 20 minutes 33 seconds West, 14.435 feet to a point; and South 60 degrees 00 minutes 00 seconds West, 9.238 feet to a point in the mouth of a canal; running thence North 53 degrees 19 minutes 35 seconds West, along the center line of said canal, 254.438 feet to a point; -1s*70 'AR 31 )Wcl—or /IS & DAVIS )RNEYS AT LAW I QUARTER, N.C, NORTH CAROLINA HYDE COUNTY HIS DEED, made this the -27t� day of jnaA4A , 1995, by GORDON WENDELL MEEKINS, JR. AND WIFE, KAREN MEEKINS AND GEORGE MICHAEL MEEKINS AND WIFE, BEVERLY B. MEEKINS, parties of the first part, to THOMAS C. JENNETTE, whose address is Rt. 1, Box 228-D2, Engelhard, North Carolina 27824, party of the second part, WITNESSETH: THAT SAID parties of the first part, for Ten Dollars and other valuable consideration to them in hand paid by said party of the second part, the receipt of which is hereby acknowledged have bargained and sold and by these presents do grant, bargain, sell, and convey unto the said party of the second part, his heirs, and assigns, those two certain tracts or parcels of land located near the Village of Engelhard in Lake Landing Township, Hyde County, North Carolina, which are more particularly described according to a map entitled "A Map of a Boundary Survey and Division, Property of Gordon W. Meekins, Jr., G. Michael Meekins, Thomas C. Jennette, prepared by B. B. White, R. L. S. , under date of January 26, 1995, which map is made a part hereof for the purpose of description as follows: FIRST TRACT: BEGINNING at a point in the Southeast edge of the 60-foot right of way of U. S. highway #264 that leads from Engelhard to Stumpy Point, which point is located as follows: BEGINNING in the Northward corner of that parcel of land described in a deed from Donald B. Green and others to Peggy W. Green and others, dated September 4, 1991, and recorded in Hyde County in Book 141 at page 904; running thence North 39 degrees 24 minutes 08 seconds East along the Southeast edge of the aforementioned right of way 146.660 feet to a point evidenced by an iron rod set in the ground,, the point of beginning of the parcel of land being hereby conveyed (said point is further located as follows: BEGINNING at a point where the Southeast edge of the aforementioned right of way is intersected by the center line of the ditch that divides the lands being hereby conveyed from the lands of C. Gilbert Gibbs; running thence South 39 degrees 24 minutes 08 seconds West, along the Southeast edge of the aforementioned right of way, 203.340 feet to the point of beginning of the parcel of land being hereby conveyed. Said point of beginning is situated 232.635 feet on a course South 32 degrees 00 minutes 38 seconds West, from where the center line of U. S. Highway #264 is intersected by the center line of NCSR #1321); running from said beginning point Nortti 39 degrees 24 minutes 08 seconds East, along the Southeast edge of the right of way of U. S. Highway #264, 203.340 feet to a point; running thence South 53 degrees 19 minutes 35 seconds East along a canal and along the Southwest boundary of the lands of C. Gilbert Gibbs, 1045.199 feet to a point; running thence South 42 degrees 14 minutes 12 seconds West, 9.193 feet to a A Vi3h77 bAvib & bAvts Arronhkvi A} tAw hwAN 0001tN. H.C. ad f'dllowt south 60 deqtees UU minutes 00 gdbohdd Wpst, 15.911 ieetf. SoUtlt 9 7 degtpeH 2b Mlhuted 14 seconds West, 11.410 feat) South ib degtees 19 mihtttes 2J bebottdn tddt, 12.1.08 feet; South 61 degtees 11 Minutes 21 seconds West, 10.JOU test) SoUtli 19 degrees In mLhutes Jd apcohdg Wegt, 14.975 feet; South 29 degteeg 1J mlhuted 46 seconds West, 24:120 feet) SoULh 25 degrees 17 minutes 1g seconds West, 65.90J feet; south 51 degteed 09 mihULed 29 seconds West, 162.7JJfeet and South 44 degrees 29 Minuted 32 seconds West, 11.891 feet to d pofht in Lila SasLWatd corner of the Spcohd Ttdct described In the above tafetted to deed) tuhnittq thence Itorth 57 degrees 19 mihuLes J5 seconds West, along the Northeast bouhdaty of said second J'tdct, 10.052 feet to a point evidenced by an itch pipe set in the ground; bohtlhUlhq, thahce Notth 51 degrees .19 M1hUtas J5 seconds West, continuing along the Nartheast boUitddry of said Second J'tdct, 300.000 feet to a point evidenced by dhoLhat iron pipe set fit Elie ground; tUHHihq thence NorLl, 55 degrees, 19 htlhUtag J5 ' gecottds West, alohq the Northeast boundaty of said second Tract, Jtl.b2d feet to it point evidenced by llhothat itch pipe get In the ground; kUHtiing thence North 5J degrees 19 MihUtag J5 aecohds Wegt, contihttittq along fldid Nottheadt boundaty, 579.021 feet to 6 pdiht evidenced by ahothet iron tod set ih the gtduhd/ ruhitittq thence SOULh 42 df000d 55 M1HULeg 00 seconds West, 160+960 feet to a point evidenced by ®Htlthat itch Lod get 1h the gtound; botit1hathq Lhahcd South 42 degrees 55 Mfhutag 00 secohdg West, 4.038 feet to a baiht iH the cehtst line of a ditch; ttiHHihq thehce North 51 degrees 19 i MihUtad J5 gecohds West, along the center line of the last Mehtiohed dltch, 798.J30 �Ifpat to a bolht ih Lhe Soutltwatdmost bother of Lte lands formerly owned by 1peggy W. uteeH) rLth►tittq thence North 19 I !'dagtaed 24 mlhutad 00 seconds East along the ScULheast bouhdaty at said Green I bdtcel 145.b0b feet to a point evideced byy dN "toll ntbd " L iH Llta gtound) runhihq tMpHbR-North 5i 64teen 19 minuted 35 �i llcbadn Wdgt dibng the Northeast bouhdary H Hdid dkMil lott210,b00 feet to a blht ottidpNbdd byAli itch pipe set in ire t1touhd ill the Southeast edge of the- t Fd foot tight Of Wdy of M. S. Highway 7 i UUN North 39 e g tdeL,alotigEe he Mills ay60 ohdgald 1 pdga bf said tight of Wa , 146.66d feet b the pofht of 6agihnlhq, cohtdlhlhq J.102 Acteg, Mata of less. lldld bdtcel 16 dltowh on the above referred to map dil ttNAib41 2 A and bdecal 211. 1'N1d COMYANCp 15 fifillc MAbE ,TOGETHER WITH Till? fbLLOWiiid Mbtmt';N'1' bff H1GIl't tip WAY$'. bad1NN1NG ill the WpstwatdmO9t cothet of the second 3'tat!t described in a deed of T Y Ity J.51376 bAVl9 A bAVIA Atf6NkRYb At LAW 9wul duAditd. N.C. d11nlas Raoul aftaL1NA I10h toNN•tl v l fills btrb, made this the 'ir day of }� Q,LdiCJ 19950 by 00MAtl C. dFNNFTTE TND WIFF, WANDA n1 T , ppatHag of the fitht part, En (IDRDON WENDFLL HflWhol dtt. AVb dbOtM N1o1lAbL MO s, whosa address Is P.O. fldit 1 Ni Pngtlhatd, Nottli Carolina 2792.4, parties of the tpbolt1 pdtt, wIi'NPSSr'I'llt 'tllAt SKID parties of the firm part, for Ten Dollars Mid dthtt Vdldable consideration to -them It, hand paid by said bbi-tittl bt the second part, the tereipt of which is hereby flbkNbNltdgpd Itave bargained and sold and by these presents do #Ahtl bdtgdin, sell and convey onto the said parties of the Nhbbad pttE, their fteits, and assigns, a certain tract or bbdtati bt land located neat the Vi1Cagn. of rngelliard, In Lake idhdlNq 'township, Iiyde county, North Carolina, which 1s more pdttibUl®t1y described according to a map entitled "A flay of b bodliddl:y Survey and Division, property of Gordon 14.Neekins, dt,f dl Ifithael Meekins, Thomas C. JenneEte... 11, prepared by h, f1, NhiEt, R. L. S., under date of January 26, 1995 , which fed ill thilde d part hereof for the purpose of description as tbvibwdl Mall NINO at a point in the southeastward edge of the tight of way of thaE part of. U: S. Ilighway #264 that. leads from bhyelhatd toward Stumpy mint, which point is situated 232.619, feet on a coutse South 12 degrees Da minutes 38 tecohds West, ftom Elie pnInt where' the cehtet line of U. S. Ilighway ,i264 is iHt@tsected by the center Ilne of HCSR #1121 (said point is s1EunEed In the WestWatd cotnet of the pnrrel. of land desctibed as the First Tract In a deed of tVett date herewith from rearge Michael Neekins and odiet,s to Thomas C. JetilieLte) tUnhltiq from said beginnlnq polnt South 5j degtees 19 minutes 35 seconds Fast, I dlbhc the SoAhwe9E boundary of said Fits Tract, 1.013.919 feet to a point AVidehced by an Iran tod set in Elie 'tjtouhd; ttinning thence North 46 degrees 2i teihuEes 52 seconds Past, along the l tiibutheast bouhdaty of HIP First Tract I dtsctibed hi the last mentioned deed, 181141 teet Ed it pa1hE evidenced by kHotltet Stoll tod set in the ground; EUhtiiliq thence Nottit 42 degrees 14 8ilhut@s 12 seconds Past cohElnutnq along the SoUthnadE boutiddty of said first tEAct, 178.005 feet to a polnE evidenced by ahothet ltott tod set in the ground; bdhEihuitiq thence hotth 42 degrees 14 %I hilhUtes 12 tecohds PdaL, 'along Elie said boUhddty of said First TtAcE, 9.191 feet Ed a point ill the oetiter line of d canal; tUHHltiq Eliefict Mouth 53 degrees 19 thiflutts is seconds Pdtt, along Elie center liHt at Elie idst Mentioned canal, and tl1oNq tilt Sduthwttt boundary of the lands bt c, diibttt dibbdi 9D1.575 teat to a �aiht Ili the tdgt of fat Cteek; tunhing cheficd ill d_ getietdliy south or baUthWbsLWdtdly dltection along the edge bf tdt cork dhd With Life meanders thettbt, on the cbUtses fat the distances tip. 154375 WWrw.o ...m. )AVIS & DAVIS .TTORNEYS AT LAW VAN QUARTER, N.C. STATE OF NORTH CAROLINA COUNTY OF HYDE a Notary Public of the County of Hyde, Stated North Carolina, do hereby certify that GEORGE MICHAEL MEEKINS AND WIFE, BEVERLY B. MEEKINS, personally appeared before me this day, and acknowledged the due execution of the foregoing deed:'. "• t Witness my hand and Notarial Seal, thi'stdtie'-w day of IJ%lpee. C� 1995. •.:`" L Notary Public s, "J'<r'' •p• +, My commission expires: NORTH CAROLINA HYDE COUNTY JkXjTh f�regoing certificates of L , a Notary Publ' o�f�he u t f Hyde, stateof No h Carin'a, and of �� L�`/ `"` a Notary Public of th County of Hyde, State of North C lina, together with their respective Notarial Seals'attach` d, are 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 Carolina, in Real Estate Book 1,L-41 at page . /I This the day of 1 t // , 1995, at Lit o'clock, _4 M. Regist Deeds Hyde County, North Carolina 4 Lo Ul G En O nima a C A 3r. ra Go v 'v zmc cn i7� N Indexed Grantor ffl� Grantee [Q/ 15*7q_ THIS CONVEYANCE IS BEING MADE SUBJECT, HOWEVER, TO THE FOLLOWING: 1. Such easements, if any, as may be outstanding across said lands for public roads; 2. Such rights as the owners of other lands have to drain through and maintain any ditches that bound or cross said premises; 3. Such easements, if any, as may be outstanding across said lands for utility lines; 4. The 1995 and subsequent years ad valorem taxes and assessments assessed and to be assessed against said lands by Hyde County; and,' 5. The easements herein reserved. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereunto belonging or in anywise thereunto appertaining unto him, the said party of the second part, his heirs, and assigns, to his only use and behoof in fee simple absolute forever. AND THE SAID parties of the first part, do for themselves and their heirs, executors, and administrators, covenant to and with the said party of the second part, his heirs, and assigns, that they are seized of a two-thirds undivided interest in said lands in fee and have a right to convey the, same in fee simple; that the same is free and clear from all encumbrances, except as set forth above, and that they do hereby, forever warrant and will forever defend the title to the said two-thirds undivided interest against all other lawful claims. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. // (SEAL) Gordon Wendell Meekins, Jr. y6aih..(/Yl/j/ (SEAL) Ka en Meekins SEAL) SEAL) STATE OF NORTH CAROLINA COUNTY OF HYDE I, "110x7td , a Notary Public of the County of Hyde, State of North Carolina, do hereby certify that GORDON WENDELL MEEKINS, JR. AND WIFE, KAREN MEEKINS, personally appeared before me 'this day ..and acknowledged the due execution of the foregoing -.deed' ,. " ''• Witness my hand and Notarial Seal, day of ZG),J1 , , 1995. AVIS & DAVIS RORNEYS AT LAW 'AN OUARTE R. N.C. My commission expires: 7::-,3 :jyt 1 1.381 ;I t3Av14 A bAirt§ .V �Oprlt Y9 A: CA. SW.V1011AMIM. M.C. 00fitil CAhotlNn IIYbk toUNI'Y t 1 The fotegoing cerBflcntr� of. litte a NoEaty Public of the County of Ilyrin, Mate or orth tatbllhat together' With II�,�,11 ttotnrinl Seal attnchXl, is epEti�ied to be correct. Phis instrument: was presented for E6411;tratibti this day and hour and duly- recorded In the btf'lca of Cite hegls�er of be.eds or Ilyda_ coutlty, llnrth tatollhay in Real Estate gook % , _.t at page 7� jt,, This. the �,IJi�. day of innF, nt Reg{nFnr. rif t3.eds Ilyde rnnnty, tlorth rnrnllnn to ut v 3 r- nr too i Irl T O � N CO \ C T. O z �rr b n o Ut IEll I .I I ' r., I 1 r Indexed Grantor Dy"' tlrnntee YJ / 154380 DAVIS h DAVIS' AIMMIEY9 At LAW SWAUQUARIEn NC-, The becond easement reserved herein is also to be Ubed Ad Aq ideand of access between the First and Second Tracts dbddklbed In the last mentioned deed. THIS CONVEYANCE IS BEING MADE SUBJECT, HOWEVER, TO THE l'OLLOWINGI • 1. such easements, if any, as may be outstanding ackosb bald lands for public roads; 2. Such rights as the owners of other lands have to dtilh through and maintain any ditches that bound or cross bald bkhmises) 9. such easements, if any, as may be outstanding actoad bald lands for utility lines; 4. The 1995 and subsequent years ad valorem taxes And dbabbsments assessed and to be assessed against said landd' by Hyde County; and 5. The easements reserved her.elii. i TO HAVE AND To HOLD the aforesaid tract or parcel bf land and all privileges and appurtenances thereunto bdioh4lhcj or in anywise thereunto appertain) g unto them, the band pat les of the second part, their heirs; and assigns, to Will: bhly use and behoof In fee simple abso''lute forever. AND THE SAID parties of the first part, do for themselves and their heirs, executors, andl�administrators, covphaht to and with the said parties of the second part, thIlk Iteits4 and assigns, that they are seAzed of a one - tit kd hHdit, ad interest in said lands In fee and have a tight td convey the same In fee simple; that the same is free Ahd bjtltlk from all encumbrances, except as set forth above, dhd t Athey do hereby forever warrant and will forever defers the title to the said one-third undivided interest agalhdt all other lawful claims. IN TESTIMONY WHEREOF, part have hereunto set their I yeak first above written.' II I Thomas C. i. ram. Wanda W. STATE OF NORTH CAROLINA COUNTY OF NYDE the said parties -of the first ands,, and seals, the day and nn (SEAT.) (SEAL) I, I inn (3• 6gsr)lg_IJ- I a votary Public of the CoUhty of ly e, State of North Carolina, do hereby be'ktify that ,Thoities♦ C. JehhOtte and wife, panda W. Jennet♦ e, 00thoii Hyy appeared before me title day and acknowledged the doh-@kecdtion of the foregoing deed. Witness my hand and Notarial Seal, this the Rifill � grrf, day of , 1995. /� - / N Y,-. (� . P)eov to . Notary Public My cbmmdldslon expires: "-.7c,00 cola{uilna' , yy.,E ICOUt' '• .. ,. /ryryrlrrUnP1 �`n.,y. , i Z, ail. !•s'� bAVII 6 bAVIO Anohmiyh Ai LAB &,Ail duAhAk N.b. dkebN parcel, 210.000 feet to all iron 1531379 bibb set lh thti ground in the Hotthward bbkH@t• bf tM id Crash pntcel; tUhning thbhtjd North 96 degtbes 24 minutes 09 �@bbadd West, dlblij the Southeast edyya of hb kighE bf way of U. S. highway IIz64, in,N feet to A pbihE; running thence NbUth 5i degrees 19 minutes 35 seconds WdhE, 240:02 felt to d pointf running thbhbtl South 19 degrees 24 minutes 09 hbeohdh West, lA5.b00 feet to a point; HitlitHd thence South 59 degrees 19 filihUtbg 15 secohds Wast, 769.110 feet litbtd at loss t to a point in Elie Ilotthwes� bbuhddty of the Second Tract described in thb above tbfbtted to Jennette deed; kUttHlhg Hiehce South 42 degrees 55 101HUEb8 OR seconds West, 30 fee more or 1pdd to the point of begiluiing. WWcoNb WASENEN'1'I hEGiNH1NG at a point Whlch poippE is located as follows: NWd1NNtma ih the Southwardmost cattier of UW WikUt TtdcE described in a deed of bQaH ddEb herewith to Thomas C. Jennette; ktlhitlhq thence North 46 degrees 27 flllhutbd 52 secatidd Wast, along the Uouthedet boundary of said First 1'ract, 164141 fbet to the poltti: of beq1tining of thb bdsbment belhq hereby described; kuhhinq fkom said begihnihq point south 4h de kbbg 29 h1hUted 52 seconds West, 6a1A1 lebt to d polht evidenced by an ton.' tad set Ih Ehe ground in the AbUEHwdkdmost corhet of said FitsE Tract; bbhtihuiNg thence South 46 degrees 27 AtlhAbd 62 secbads West, 124.174 feet to paihE bvidehcbd by another Iran tad set h Ehp ground► running Ehence South 42 dbgkbbd 55 mllldEeA 00 secohds West, 4.055 itlbt Ed d pbitit evidenced by another Iron od bet in Ehe ground in the dtthwItHmodt corhet of Elie Second Tract Ibdbklbed iH the above referred to OflHo Eb deedl kuhnihq thence South 53 ptjkoes I9 mlhuElJ 95 secohds East, along I hd NotElteast boundary of the Second k A a t dbiaaelbed Ili the above referred to @hhbttb deed Eb d poiltE situated io feet hH d sbutheastwatd direction from the bkthweat bedhddky of this !nsemeht when phmUrAd pekpbHdibUiar theretot tutuiihg Milan North 45 dbgtlea 55 minutes 09 r A1!gbtidd Wddt, 114,214 fret Eo a poitiEl 14 �ihubw 12hdficg HbdbliddokLh Wnst,419.959rdes feet to A fidihtl kUHHIHtj thbhce North 47 degrees 45 thlhUtbd 46 hboohdd WaSE1 90.000 feet tb d bbbiht iN the Southeast boundary of jI the p1rsE-tbdcE dbscribed in Elie Above khiEkkud Eb dptihbtte dbedi rutininq thence MbUEh 42 dbgrbed 14 mlhutba 12 seconds bAE to Ehb point of begihnitiq. %ij bAdhm@Htd hekelh kesetved atp to be used as a 11164Hd bi 100§99 hhd pcjkd3s fuk men and equipment and utility 11H6H 011181hd fktim U51 141tWdy 0264 to the lands described H the 080 kdf@Ekisj td. Aed iEbm George 141chael Neekihs and AWN to Thblito fit d@hhpttp And tot ouch other purposes dd 11ANAMAH4 AEA dd9tbMdklly Udbd, ilk I Irr�ltV.y�,�' 153P79 DAVIS A DAVIS A I TOR14EY! AT I.AW 9WAn OIIAnI[n, NC. 6Ven date herewith from George Michael Hoi?k}hd and'othets to Thomas C. Jennette; kUhhlhq thence South 53• degrees 19 hliht►ttis 35 seconds East, '619.223 feet to # �Othht kunhihd the, North 19 degrees 4 minutes o8 9econd5 East, 165.00 feet o a point evideltced by an iron pipe set ti the 'ground 'in one of the Southwest boundaries of the above'descrlbed parcel bt land runniiI4 tlience North 55degrees 19 mihutes'35 seconds West, along one of Elie southwest boundaries of the above described parcel. of land, 30.020 feet to it point evidenced by another iron pipe set in the grounds running thence South 39 degrees 24 minutes 08 seconds West, 135.000 feet to a pointl running thence North 53 degrees 19 minutes 35 seconds Pest, 559.223 feet to a point] running hence North 4.2 degrees '55 minutes 08 seconds East, to a point sltuated\ln one of the southwest boundaries of the above c�escCibed parcel of land; running thence North 53 degrees 19 minutes 35 Seconds' {4est, to the Northwardmost corner of the second Tract described in the Bove teferred to deed to Thomas C. Jenn toe; kUhning thence South 42 degree. 55 minutes 68 seconds West along t the Northwest boundary of the said, Seand Tract, 160.960 feet to a point evideltced by an iron rod set In the grojutd; bontlnuing thence south 42 degreesll 55 minutes 08 seconds West, 4.038 feet, to the point -of beginning. said easement is to be used as a means of ingress and agrobd for men and equipment passing between U. S. Nighh ay' 1264 and the parcel of land ,described above and the tigh Eb drain through and maintain the ditch that runs alongg ok hbdk thh Northwest boundary of the second Tract described ih tho dbove referred to deed to Thomas C. Jennette. said asoittlht �i also to be Used as a means to run or to cause to d runt t�11ty lines, including, but not limited to, also - trim, k# ephone and water lines to the above described propetty,. .All of the easements herein described shall be used In common•�with all of the lands shown on the above referred to map: i The said Thomas C. Jennette, one of the parties of Elie first art reserves for himself, his heirs and assigns, tlh edtlamehE or right of way 30 feet in width across those two bttipd tit tand which are more particularly described as folloWsl PIRST EASEMENT: SEGttill ING in the Nestwardmost corner of the Second Tract 1 described In a deed of even date herewith from George Michael Meekins and otheks to -hhomas c: Jennette) running thence North 53 degrees 19 minutes 35 seconds West, 198.130 feet to the Southwardmost 'corner of the above .referred to Green parcel; running thence North 39 degrees 24 minutes 08 seconds East, 145.000 feet to a point evidenced by an iron rod set in Eli gYoUtId In the Eastward corner of the bail Green parcell running thence North $3, degrees 19 minutes 35 seconds Nest, #long the Northeast boundary of .said