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45-96 Midgette, Robert & Hermond
Pemiu Class Permit Number Issued to authorizing development STATE Department of Env % Major ^and'° Contil Resources Comniissii Ornient in an Area_of-EnviFori Et v 7h and/or term( I M ett in Dare as requested in the dated 12/12/95. Resources Concern QUAIA `liTi�F' Muillant to NCGS 113-229 12/22/95 45-96 [cent to, at Buxton including attached This permit, issued on APRIL 1. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bridge shall be constructed so that the bottom of the structure is a minimum of four (4) feet above the wetlands substrate and four feet above mean high water. 2) Wooden mats shall be placed temporarily in coastal wetlands to reduce the impact of equipment during construction. 3) In order to protect water quality, runoff from the construction must not visib 1 th amount of suspended sediments in adjacent waters. g 4) No vegetated wetlands may be excavated or filled. CO (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on 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 Secrei Chairman of the Coastal Resources 70 Roger N. hecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert & Hermond Midgett Permit # 45-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No attempt a ade by the permittee to prevent the full and free access by the public of all navigable watlr�aior adjace to the authorized work. 6) The authorized sVVtru tu rp assg�iated activity will not cause an unacceptable interference with navigation. ^ 7) The permittee shall ons maintkth�nit / terms and conditiof abandons the project without 8) Appropriate erosion and sedimentati prevent sediment from entering the diversion swales/berms, sand fence, in good condition and in conformance with the ittee is not relieved of this requirement if he transferred to a third parry. in control devices, measures, or structures will be used to adjacent wetlands/watercourses/property (e.g., silt fence, etc.). Permit Class Permit Number NEW STATE OF N( Department of Envionthe % Major Dev( pursuant to Excavation and/or Natural Resources �IIYIr Concern vutsuant to NCGS 113-229 Issued to Robert & Hermond Mideette, P. O. Box 173, Buxton, NC 27920 authorizing development in Dare 45-96 County at Pamlico Sound, canal adjacent to, at Brixton as requested in the permittee's application dated 12/22/95 including attached workplan drawing dated 12/12/95. This permit, issued on APRIL 1. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bridge shall be constructed so that the bottom of the structure is a minimum of four (4) feet above the wetlands substrate and four feet above mean high water. 2) Wooden mats shall be placed temporarily in coastal wetlands to reduce the impact of equipment during construction. 3) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 4) No vegetated wetlands may be excavated or filled. (See attached sheet for Additional Conditions) This permit_action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. S6ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert & Hermond N idgett Permit # 45-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No attempt will be made by the permittee to prevent the full and free access by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structures and associated activity will not cause an unacceptable interference with navigation. 7) The permittee shall 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. 8) Appropriate erosion and sedimentation control devices, measures, or structures will be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand fence, etc.). Permit Class Permit Number NEW 45-96 STATE OYNORTH-CAROLINA Department of Enviioninerit Healfli & Natural Resources E PrIl�I$t>Y r /4 e41 for..`r i % Major Development in"an Area of Environmental Concern pursuant toNCGS 113A=f18'=___ Excavation and/or fung-parsuant to NCGS 113-229 Issued to Robert & Hermond Mideette, P. O. Box 173, Buxton, NC 27920 authorizing development in Dare County at Pamlico Sound, canal adjacent to, at Buxton , as requested in the permittee's application dated 12/22/95 including attached workplan drawing dated 12/12/95. This permit, issued on APRIL 1. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bridge shall be constructed so that the bottom of the structure is a minimum of four (4) feet above the wetlands substrate and four feet above mean high water. 2) Wooden mats shall be placed temporarily in coastal wetlands to reduce the impact of equipment during construction. 3) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 4) No vegetated wetlands may be excavated or filled. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. SYhecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert & Hermond Midgett Permit # 45-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No attempt will be made by the permittee to prevent the full and free access by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structures and associated activity will not cause an unacceptable interference with navigation. 7) The permittee shall 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. 8) Appropriate erosion and sedimentation control devices, measures, or structures will be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand fence, etc.). Permit Class Permit Number NEW 45-96 STATE OF-NORTH-CAROLINA Department of Envi m onerit;_Health &,Natural Resources MP.Il�t�t, f for^« Major Developan Area.6f Enviroiunental Concern pursuant to NCGS 113A 11$ y ?UAhi np,, Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert & Hermond Midaette, P. O. Box 173, Buxton, NC 27920 . authorizing development in Dare County at Pamlico Sound, canal adjacent to, at Buxton , as requested in the pemtittee's application dated workplan drawing dated 12/12/95. 12/22/95 including attached This permit, issued on APRIL 1. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bridge shall be constructed so that the bottom of the structure is a minimum of four (4) feet above the wetlands substrate and four feet above mean high water. 2) Wooden mats shall be placed temporarily in coastal wetlands to reduce the impact of equipment during construction. 3) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 4) No vegetated wetlands may be excavated or filled. (See attached sheet for Additional Conditions) This pennit_action may be appealed by the pemrittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. hecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert & Hermond Midgett Permit # 45-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No attempt will be made by the permittee to prevent the full and free access by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structures and associated activity will not cause an unacceptable interference with navigation. 7) The permittee shall 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. 8) Appropriate erosion and sedimentation control devices, measures, or structures will be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swalestberms, sand fence, etc.). Permit Class Permit Number STATE OF -NORTH, CAROLINA Department of Environment Health" Natural Resources •� �^' and : -,� �� CoastalResoimrces Commission % Major Development.in in Area dEriv_iibrimental Concern pursuant to NCGS 113A=118. Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert & Hermond Mideette, P. O. Box 173, Buxton, NC 27920 authorizing development in Dare 45-96 County at Pamlico Sound, canal adjacent to, at Buxton , as requested in the permittee's application dated 12/22/95 including attached dated 12/12/95. This permit, issued on APRIL 1. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bridge shall be constructed so that the bottom of the structure is a minimum of four (4) feet above the wetlands substrate and four feet above mean high water. 2) Wooden mats shall be placed temporarily in coastal wetlands to reduce the impact of equipment during construction. 3) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 4) No vegetated wetlands may be excavated or filled. (See attached sheet for Additional Conditions) 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. Roger N. hecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert & Hermond Midgett Permit # 45-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No attempt will be made by the permittee to prevent the full and free access by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structures and associated activity will not cause an unacceptable interference with navigation. 7) The permittee shall 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. 8) Appropriate erosion and sedimentation control devices, measures, or structures will be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand fence, etc.). DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 9, 1996 Regulatory Branch Action ID No. 199601319 and State Permit No. 45-96 Robert and Hermond Midgette Post Office Box 173 Buxton, North Carolina 27920 Dear Messrs. Midgette: Reference your application for a Department of the Army (DA) permit to construct an elevated wooden vehiclar access bridge across a navigable ditch and coastal wetlands, on property located off the north side of NC 12, adjacent to the Buxton Channel and the Pamlico Sound, in Buxton, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 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. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Form DCM-MP-1 APPLICATION CTo be completed by all applicants) 1. APPLICANT a. Landowner: Name Robert and Hermond Midgette Address PO Box 173 City Buxton Zip 27920 Day Phone Fax b. Authorized Agent: State NC Name Environmental Professionals, Inc. Address PO Box 3368 City Ki 11 Devil 1 Hills State NC Zip 27948 Day Phone (919)441-0239 Fax c. Project name (if any) None r:11M DEC 2 7 1995 b. City, town, community or landmark Buxton c. Street address or secondary. road number NC 12 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Rridgp construction b. Is the proposed activity maintenance of an existing project, new work, or both? new c. Will the project be for public, private or commercial use? private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed N0TE. Permit will be issued in noise of bandowner(s), andlor project. If more space is needed, please attach projecr,unne• additional pages. Access to high ground ridge for future residential construct_ 2. LOCATION OF PROPOSED PROJECT a. County Dare Revised 03195 Form DCM-MP-I pprPly@ 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 4.156 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL 2 — 9' d. Soil type(s) and texture(s) of tract Fripp — Ousley Co.naby e. Vegetation on tract Pine, Live Oak, Baccharis Spartina patens f. Man-made features now on tract trailer and shed g. What is the CAMA Land Use Plan land Classification of the site? (Consult the local laud use plan.) X Conservation _ Developed Rural X Transitional _ Community Other h. How is the tract zoned by local government? S-1 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach Zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? No (Attach docanentation, if available) DEC 2 7 1995 in. Describe existing wastewater treatment facilities. ground absorption n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. County 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 Dc"'WED site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Don & Evelyn Strickland Address 116 N. Marion Dr. Phone Goldboro, NC 27534 Name Dolly Whitford Address 105 Briarwood Dr. Phone Greenville, NC 27834-6720 Name Robert & Nary Baggett Address PO Box 96-6 Phone Buxton, NC 27920 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. DEC 2 7 1995 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the. 22nd day of Dec. , 19 95 . Print Name George H. Wood, CEP Signature ,�.,..%�����trjrf Landaivnrr o— horized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-5 pl:r.EIVED BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public Private X b. Type of bridge (construction material) wood c. Water body to be crossed by bridge canal d. Water depth at the proposed crossing at MLW or NWL +/- 2' e. Will proposed bridge replace an existing bridge? Yes X No If yes, (1) Length of existing bridge N/A (2) Width of existing bridge N/A (3) Navigation clearance underneath existing bridge N/A (4) Will all, or a part of, the existing bridge be removed? (Explain) N/A f. Will proposed bridge replace an existing culvert(s)? Yes _x No If yes, (1) Length of existing culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above the MHW or NWL — N/A _ DEC 2 7 1995 (4) Will all, or a part of, the existing culvert be removed? (Explain) N/A " '752g. Length of proposed bridge 200' 10, h. Width of proposed bridge 12' i. Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes X No If yes, explain k. Navigation clearance underneath proposed bridge' 31 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes X No If yes, explain m. Will the proposed bridge cross wetlands containing: no navigable waters? Yes X 'No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? X Yes No If yes, please provide record of their action. pending li Revised 03195 Form DCM-MP-5 RECEIVED 2. CULVERTS N/A a. Water body in which culvert is to be placed N/A b. Number of culverts proposed N/A c. Type of culvert (construction material, style) N/A d. Will proposed culvert replace an existing bridge? Yes No N/A If yes, (I) Length of existing bridge N/A (2) Width of existing bridge N/A (3) Navigation clearance underneath existing bridge N/A (4) Will all, or a part of, the existing bridge be removed? (Explain) N/A e. Will proposed culvert replace an existing culvert? Yes No N/A If yes, (1) Length of existing. culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above the MHW or NWL N/A (4) Will all, or a part of, the existing culvert be removed? (Explain) N/A f. Length of proposed culvert N/A g. Width of proposed culvert N/A It. Height of the top of the proposed culvert above the MHW or NWL N/A Will the proposed culvert affect existing water flow? Yes No N/A If yes, explain N/A DEC 2 7 1995 Will the proposed culvert affect existing navigation potential? Yes No If yes, explain 3. EXCAVATION AND PILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes x No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: No Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highground excavation? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards d. If the placement of the bridge or culvert involves any excavation, please complete the following: N/A (1) Location of the spoil disposal area N/A (2) Dimensions of spoil disposal area N/A (3) Do you claim title to the disposal area? N/A Yes No If no, attach a letter granting permission from the owner. Revised 03195 Form DCM-MP-S RECEIVED (4) Will the disposal area be available for future maintenance? Yes No N/A (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? N/A Yes No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes _ No N/A If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Yes X No If yes, (1) Length of area to be tilled (2) Width of area to be tilled (3) Purpose of fill Will die placement of the proposed bridge or culvert result in any till (other than excavated material described in Item d. above) to be placed within: Coastal Wetlands _ SAVs _ Other Wetlands If yes, No (1) Length of area (2) Width of area (3) Purpose of fill to be tilled a be filled Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? Yes X No If yes, (1) Length of area to (2) Width of area to (3) Purpose of fill _ 4. GENERAL a. be tilled be tilled Will the proposed project involve any Yes X No If yes, explain in detail b. Will the proposed project DC require the t18lgation of any existing utility lines? Yes X No If yes, explain in detail c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail Will die proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? N/A f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? hand tools g. Will wetlands be crossed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Work will not involve heavy equipment in wetlands — boards wi be temporarily placed ;n wetlands tn support workers. h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes X No If yes, explain in detail George H. Wood Applichn or Project Name c t-h r %l lJra7 mitig:htiohi? Sigmtlnrc 12/22/95 Dale Revised 03195 Colonel Robert J. District Engineer, Department of the P. O. Box 1890 Wilmington, North }« D UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE tie„ a Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, Florida 33702 May 9, 1996 Sperberg Wilmington District Army, Corps of Engin Carolina 28402-1890 Attention Art Coppola Dear Colonel Sperberg: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199601563 dated April 25, 1996. The applicant, Mr. Robert Midgett, c/o Gary Mitchell and Associates, Incorporated, proposes to place fill material in wetlands on the east side of NC 345 adjacent to Roanoke Sound in Wanchese, Dare County, North Carolina. The proposed project consists of placing 5,638 cubic yards of fill material in a 0.9 acre wetland area approximately 130-feet-wide by 180-feet-long. The purpose of the project is to create a building pad for the construction of a commercial business. The project site is a part of an extensive wetland area on Roanoke Island that extends from NC 345 to the waters of Roanoke Sound. The elevation of the area changes only slightly as the vegetation grades from forest/scrub shrub wetlands to the predominately needlerush (Juncus roemerianus) adjacent to the sound. The area proposed for fill is vegetated with a mixture of wetland species including bald cypress (Taxodium distichum), pond pine (Pinus serotina), and red maple (Acer rubrum). Based on our knowledge of the project area, we believe that the loss of 0.9 acre of this wetland would be detrimental to living marine resources for which we are responsible. Wetlands of this type are important for their role in removing excessive nutrients, as well as, -pollutants from upland run-off before they reach adjacent surface waters and thereby, function to maintain water quality upon fishery resources which are dependent.' Commercially, recreationally, and ecologically important species 'Epperly, S.P. and S.W. Ross. 1986. Characterization of the North Carolina Pamlico -Albemarle Estuarine Complex. NOAA Technical Memorandum NMFS-SEFC-175. that utilize the adjacent waters as habitat include Atlantic croaker (Micropoaonias undulatus), striped bass (Morone saxatilis), spot (Leiostomus xanthurus), bluefish (Pomatomus saltatrix), flounders (Paralichthvs spp.), red drum (Sciaenons ocellatus), Atlantic menhaden (Brevoortia tyrannus), bay anchovy (Opisthonema oolinum),Zstriped mullet (Muail ceohalus), and weakfish (Cynoscion regalis). Fish kills in North Carolina waters in the summer of 1995 have served to emphasize the potential adverse effects of non -point source run-off and the essential role wetlands play in maintaining water quality.3 Accordingly, the National Marina Fisheries Service is opposed to any work that would adversely impact wetlands that support fisheries. Furthermore, the Environmental Protection Agency Section 404(b)(1) Guidelines state that fill material shall not be placed in wetlands if there is a practical alternative which would have less impact on aquatic ecosystems. The guidelines further specify that for non -water dependent activities proposed in wetlands, practical alternatives are presumed to exist unless clearly demonstrated otherwise.4 The filling of wetlands to construct a commercial business is not water dependent, and the much less damaging alternative of constructing the business on high ground should be pursued. In view of the above, we recommend that federal authorization of this project not be granted. Alternatively, we suggest that the applicant locate an appropriate upland site for the proposed business. We appreciate the opportunity to provide these comments. Andras Mager p Jr. Assistant Re(yional Director Habitat Conservation Division 2Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and L.C. Coston-Clements. 1991. Distribution and Abundance of Fishes and Invertebrates in Southeast Estuaries. ELMR Rept. No. 9. NOAA/NOS Strategic Environmental Assessments Division, Rockville, MD. 177p. 3Burkholder, JoAnn. 1995. A Fish Kills Message: Get Serious About Reducing Nutrients in Our Estuaries. NC Sea Grant, Waterwise, Vol. 3 No. 4. 4EPA, Clean Water Act, Section 404(b)(1) Guidelines (40 CPR 230). cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SE02 State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management A James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [:) E H N FR Roger N. Schecter, Director April 1, 1996 Mr. & Mrs. Robert Midgette P. O. Box 173 Buxton, NC 27920 Dear Mr & Mrs. Midgette: 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, --4 John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, y� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Mom CAn Equal FAX Action Employer Voice919-733-2293 � 50% recycled/1 0% post -consumer paper r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert and Hermond Midgett 2. LOCATION OF PROJECT SITE: North side of NC 12 adjacent to Buxton Channel, in Buxton, Dare County. Photo Index - 1989: 5-201: 3 O&P 8 1984: 145-392: N&O 4& 5 State Plane Coordinates - X: 3033650 Y: 570450 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 1996 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - January 10, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County LUP Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, ES, and CW (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - None. Planned - Future residential site with well and septic (F) Type of Structures: Existing - None Planned - Future residence planned (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal Wetlands Shaded 2010 sq. ft. (B) Non -Vegetated Wetlands (C) Other Public Trust Shaded 252 sq. ft. Upland Shaded 258 sq. ft. (D) Total Area Disturbed: 2520 Square Feet (0.06 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: N/A 8. PROJECT SUMMARY: The applicants proposed to bridge 189' of coastal wetlands and a 21' wide navigable mosquito ditch to access a high ground ridge on sound side in Buxton. J Robert and Hermond Midgett Bio Report Page 2 Site Description The property in question is located in Buxton one lot (257.64') northwest of NC 12. The property is accessed by an easement through property belonging to Alvania Sims, the applicants' sister. The applicants' property extends from the Sims property and continues in a northwesterly direction for approximately 1,040' to the Pamlico Sound and consists of 4.56 acres. A narrow channel bisects the marsh and flows in a east/west direction to the Pamlico Sound. Northwest of the channel the coastal marsh extends for an additional 50' to 60' to a relic dune system that forms a high ground ridge. The ridge runs through the center of the property in an east/ west direction and is also bisected by a ditch that flows to the Pamlico Sound in a northwesterly direction. The ridge formed by the dune system is accessible only by foot due to the surrounding marsh. The easement entering the Midgett tract abruptly drops in elevation from high ground to coastal wetlands on the Sims property requiring that Mrs. Sims act as a co -applicant. Coastal wetlands extend through the Sims property into the Midgett property for approximately 116' to a 21' wide navigable mosquito ditch. On the opposite side of the ditch the coastal marsh continues for an additional 50' to 60' to the high ground ridge (relic dune system) that ranges from 100' to 140' in width. The remainder of the property extending from high ground to the Pamlico Sound is coastal marsh. It appears that there has been little to no land disturbing activity along the relic dune system. Vegetation found in the wetland areas from the mosquito ditch to the upland ridge includes, but is not limited to, Salt Meadow. Cordgrass (Spartina patens), Black Needle Rush (Juncus roemerianus), Narrow -leaved Groundsel Bush (Baccaris angustifolia), Saw Palmetto (Serena repens), and Sea Ox-eye (Borrichia fustescens). Typical upland species found include Live Oak (Quercus virginiana), Red Bay (Persea borbonia), Wax Myrtle (Myrica cerifera) and Yaupon (71ez vomitoria). Proiect Description The applicants' propose to construct two bridges that will access a bisected high ground ridge located adjacent to the Pamlico Sound. The main bridge being proposed will begin along a high ground ridge located on the Sims property and terminate on a high ground ridge located on the applicants' property. The bridge will facilitate vehicular access to the property and the eventual construction of two residences. The bridge will cross approximately 22' of upland, 21' of public trust water and 157' of coastal wetlands. The bridge will be constructed from salt treated wood, 12' wide and elevated three feet above the coastal marsh substrate. According to the plans submitted with the application a 20' opening will be provided to allow free an open access to navigable waters. The minimum height from the bottom of the bridge Robert and Hermond Midgett Bio Report Page 3 to normal water level will be three (3) feet. The high ground ridge located on the applicant's property is bisected by a second ditch necessitating a second bridge for full access. The ditch bisecting the ridge, while not navigable runs to the Pamlico Sound and will be crossed by way of a 10' X 12' salt treated bridge. Anticipated Impact The bridges, as proposed, will result in shading 2010 sq. ft. of coastal wetlands, 252 sq. ft. of public trust water and 258 sq. ft. of upland. The land disturbing activity associated with the construction of the two bridges will result in the short term damage and loss of coastal wetland vegetation. The access provided by the bridges will facilitate the development of the two high ground ridges for residential use. Temporary turbidity will be experienced in the canal/ditch during construction of the bridges. The bridge will cross navigable water, but will not obstruct free and open use of public trust waters. CAMA Review and Land Use Plan Consistency The bridge project is being proposed to gain access to a high ground ridge that is otherwise not accessible due to the presence of a 21' wide navigable ditch and coastal wetlands. Although the bridge accesses do not appear to be water dependent structures, use standards outlined in 15A: NCAC 7H, Section .0208(a)(1), which states: "Uses that are water dependent may include: utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches . . . " The Dare County Land Use Plan classifies 404 and coastal wetlands as "conservation" (Pg. 52). Land Use Plan also promotes the preservation of existing expanses of freshwater wetlands, while accepting occasional losses of "isolated pockets" of freshwater wetlands (Pg. 60). The area of an isolated pocket of freshwater wetlands must be less than one contiguous acre (Pg.61). The applicants' original proposal include filling the wetlands in order to obtain access to the high ground ridge. The total area of the wetlands on the applicants' property exceeds one contiguous acre, any filling activity would be inconsistent with the County's Land Use Plan. The bridge proposal is an alternative to gain access to the applicant's property while avoiding any fill activity. Dare County advocates the use of existing state and federal regulatory programs for the protection of coastal wetlands, more specifically, 15A: NCAC 7H .0205 and .0208 (Pg.52). The proposal to bridge the coastal wetlands and canal is consistent with the Dare County Land Use Plan. There are no unique remnant species or geological formations known to be associated with Robert and Hermond Midgett Bio Report Page 4 this site. There are four known archeological sites within a short distance of the applicants' property with similar physical characteristics, more specifically, a high ground ridge isolated by coastal wetlands. Known archeological sites in the area include Dr 1,2, 25, and 26. Submitted By: Lynn W. Mathis Date: January 23, 1995 Iff C) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAUPROCESSING RECORD APPLICANT: Robert and Hermond Midgett COUNTY: Dare LOCATION OF PROJECT: North side of NC 12 adjacent to Buxton Channel, in Buxton. DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 10, 1996 FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No FIELD REPRESENTATIVE: Lynn Mathis DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED IN PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: v Elizabeth City 1*6 :END 'Ut EpN T OF N E DATE:- ti E Z EED REC'D: APPLICATION ASSIGNED TO: ON: 75 DAY DEADLINE: - 150 DAY DEADLINE: MAIL OUT DATE: �'� I�p( STATE DUE DATE: FEDERAL DUE DATE: 3 ` P- fi FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUEy DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office—(/ ! Div. of Community Assistance _'�_ q1 Land Quality Section 2 _y_ 96 Div. of Env. Management L � State Property Office Div. of Archives & History I _ Div. of Env. Health Div. of Highways wildlife Resources Commission _ V Div. of Water Resources Div. of Marine Fisheries r State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker FROM: Lynn W. Mathis MAI AAd Amehmm l� EDEHNFR SUBJECT: CAMA Major Permit for Robert and Hermond Midgett DATE: January 23, 1996 The applicants' proposal to construct two bridges to access a isolated high ground ridge located along the Pamlico Sound appears to be consistent with the use standards found in 15NCAC7H .0205 and .0208. It is also the intent of the applicant to construct the bridges to reduce damage or destruction to the coastal wetlands present. Although I have some reservations regarding the project I question whether this office can recommend denial based on CAMA regulations, therefore I would like to recommend the following conditions be considered. 1. The bridge shall be constructed so that the bottom of the structure is a minimum of-&W feet above the wetlands substrate and four feet above mean high water. CC 60 2.Wooden mats shall be placed in coastal wetlands to reduce the impact of equipment during construction. 3. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 4. No ss shall be excavated or filled. 5. No attempt will be made by the permittee to prevent the full and free access by the public of all navigation at or adjacent to the authorized work. 1367 U.S. 17 South, Elizabeth Oty, North CaroAna 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AltkmatNe Actlon Employer 50%recycled/ 10%post-consumer paper r John Parker January 23, 1996 Page Two 6. NOTE: The project site is located in an area having a high probability of containing cultural resources such as artifacts, human remains, etc. If such materials are encountered, the permittee must immediately stop work and notify the District Engineer, Wilmington Corps of Engineers at (910) 251-4629 and the Division of Coastal Management at (919) 264-3901. 7. : The permittee shall 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. 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 February 16, 1996 • • i gyp@ TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &-FILL Permit Application Review APPLICANT: Robert & Hermond Midgett PROJECT LOCATION: NC 12 adjacent to Buxton Channel, in Buxton, Dare Co. ROPOSED PROJECT: To bridge 189' of wetlands and a 21' wide mosquito ditch. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 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 MN1 � attached comments. Signed�,la/,u,, � Date "�-6-46 Ccasw 7.e, .,_ Coord�,wbrr NCW P1 May 21, 1993 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 �.., ? �:: _1;.'- .. �•'.v�t 7 � t: '. a _.. ;,.�, r. _.. ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director ffu -14 u S t "rI0 11kyj1 TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR z FROM: William Wescott, Coastal Coordinator Habitat Conservation Program DATE: March 6, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Robert and Hermond Midgett, Buxton, Dare County. 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. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) The applicants proposes to construct two bridges for vehicular traffic that will access an old dune ridge which is surrounded by coastal marsh. The largest bridge will cross approximately 22 ft. of upland, 21 ft. of public trust water and 157 ft. of coastal wetlands. The bridge will be 12 ft. wide and elevated 3 ft. above the coastal marsh substrate. The second bridge will only be 10 ft. long by 12 ft. wide. The project as proposed will result in the shading of 2,004 ft2 of coastal wetlands, 252 ft2 of public trust water and 264 ft2 of upland. Areas of environmental concern (AECs) on the project site include: public trust (PT), estuarine water (EW), estuarine shoreline (ES) and coastal wetlands (CW). Waters at the project site(man-made canals) are classified as SA but is closed to harvest of shellfish. In order to reduce shading impacts to the marsh from the 12 ft. wide bridges, we request that the bottom of the structures be elevated a minimum of 6 ft. above the marsh substrate. The �s ' recommended elevation will reduce navigation hazards in the shallow canal designated as public , trust waters. To assist boaters during periods of darkness and inclement weather, reflectors Ow t-c 14-Q - r - ^V� "-� `^`A marking navigational clearance should be permanently affixed to the bridge and maintained by the applicant. With these modifications we do not oppose permit issuance. We appreciate the opportunity to provide input into this permit application review. If you need further information on these comments, please contact Chad Thomas, District 1 Fisheries Biologist at(919)335-4961. ■ State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director IDEHNFR February 6, 1996 �1 MEMORANDUM FE811S�P� Nt TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. fQ Major Permits Processing Coordinator 9 SUBJECT: CAMA/DREDGE & FI ermit Application Review Applicant: Robert and Herm d Mi gett Project Location: North side of NC 12 adjacent to Buxton Channel, in Buxton, Dare County. Proposed Project: To bridge 189' of coastal wetlands and a 21' wide navigable mosquito ditch to access a high ground ridge on sound side in Buxton. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 27, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. his 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 co 3ents. G Signed Date ;7lr/ 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF LAND RESOURCES LAND QUAeALITY SECTION MEMORANDUM TO: John R. Parker, Jr./Stephen Benton Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain Assistant Land Quality Regional Engineer Washing/ton Regional Office SUBJECT: 12"a44_1� -.,4 _", This office will require that: 1. The area be properly graded. 2. A permanent ground cover,sufficient to restrain erosion be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project comple- tion. 3. The exterior slopes of the disposal area dikes be at an angle no steeper than 1 1/2 H: 1 V. ,"4. Appropriate erosion and sedimentation control devices, measures, or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swales/berms, sand fence, etc.). 5. A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. 6. An erosion and sedimentation control plan be submitted at least 30 days prior to initiation of land -disturbing activities. 7. Additional information concerning the area of the land- ward disturbance be submitted to determine if an erosion control plan is required. 8. Other: Ak 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 February 6, 1996 ��nE3% "CUff FA 2 U 1996 QM bE MARINE FISHERIES TO: Mr. Bruce L. Freeman, Director V1 Division of Marine Fisheries FROM: John R. Parker, Jr. 3 Major Permits Processing Coordinator SUBJECT: LAMA/DREDGE & FILL;mit Application ReviewApplicant: Robert and Bermonddgett y Project Location: North side of NC adjacent to Buxton Channe 9 ton, Dare County. Proposed Project: To bridge 189' of coastal wetlands and a 21' wide navigable mosquito ditch to access a high ground ridge on sound side in Buxton. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 27, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY his 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 tt ched comments. Signed a^T/ Date 1367 U.S. 17 South, Elhabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Atflrmative 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. Schec�rector r' pEHNR RE►VEO FE616(1996 W WASHING ON OFFICE MANAGEMENT February 6, 1996 FEB O 6 199 aEIL MEMORANDUM 9 5 , TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert and Hermond Ag t Dare Project Location: North side of We djacent to Buxton Channel, in Buxton, County. ds de Proposed Project: To bridge 189' of coastal rowentlanidgenon sound1side aingBuxtonable �s�ito Buxton - ditch to access a high g and Please indicate below your agency's position or viewpoint on the eproposed yonsse eproject , arding the return this form by February 27, 1996. If you have any qu proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is 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. $escribed in the This agency objects to the project for reasons Date // 7, Signed 1367 U.S. 17 South. Elizabeth city. North Carolina 279()9 Telephone 919-264.3901 FAX 919-2 bq_3723 An Equal Opportunity Affirmative Action Employer So% recycled/ 10% pod_consumer paper State of North Carolina Department of Environment, Health and Natural Resources A7&A Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director riFE15 1996 February 6, 1996 NAGEME11T MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert and Hermo d Mi t Project Location: North side of djacent to Buxton Channel, in Buxton, Dare County. Proposed Project: To bridge 189' of coastal wetlands and a 21' wide navigable mosquito ditch to access a high ground ridge on sound side in Buxton. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 27, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY .\ This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This a ncy objects to the project for reasons described in the aft mments. �/9 Signed Date 2 / " 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina IT Department of Environment, Health and Natural Resources • Division of Coastal Management 21 James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director fps fEB isCOAS1996 L {(� MANAGE ENT February 6, 1996 � ILIW4CORW4111114 TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert and Hermo d Mi t Project Location: North side of djacent to Buxton Channel, in Buxton, Dare County. Proposed Project: To bridge 189' of coastal wetlands and a 21' wide navigable mosquito ditch to access a high ground ridge on sound side in Buxton. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 27, 1996. If you have any questions regarding the proposed project, please contact Lynn Mathis at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. eff s to the project for reasons described in the t/� / Signed Date 2 r�ell 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 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 lu•Isi6Cis);7• ►1�` 1711Tii February 16, 1995 Highway Administrator Division of Highways 1� �EHNF=1 FROM: John Parker, Jr. Major Permits Processing Coordinator REO EO FEB 26 1996 COAVAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT:. Robert & Hermoni getgett PROJECT LOCATION: NC 12 adjacent to Buxton Channel, in Buston, Dare Co. PROPOSED PROJECT: To bridge 189' of wetlands and a 21' wide mosquito ditch. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. V 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 attac ed c ents. Signed ` Date P.O. Box 27687, Rcieigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper NRR 01 ' :�E 11 o C36RN P.3 State of North Carolina ' Department of Environment, Health and Natural Resources e�l Division of Coastal Management 11 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director` February 16, f996 NIEI-IORANDUII TO: Ms. Linda Sewall Director Division of Environmental health FROM- John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Pernik Application Review APPLICANT: Robert & Ilerznond iVlidgett ' PROJECT LOCATION: INC 12 adjacent to Buxton Chamiel, iu Buxton., Dare Co. PROPOSED PROJECT: To bridge 189' of Nvetlands and a ?1' wide mosquito ditch. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March S, 1.996, 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 recotntne}nded / changes are incorporated. See attached. ti &11V -�W-?7.20, fff This agency objects to the project for reasons described in the attached comments. Sig nedzwrle?/t/ i Dated P.O. Eex 0687, Raleigh, North Carolina 27611-7667 Telephone 919-733.2293 FAX 919-733-1495 AaEQU01OPoodunilyAfnrmafiveAction Brplcyer 57%recycled/ ;[%pest-consrlmerPaper State of North Cc Department of E Health and Natu Division of Coastal M4 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director e�Fee2sIVED NI *A ._-CUnsW 96 AV4* RIM eIW]=CIo1=1 February 16, 1996 MEMORANDUM ^��°�" u c� Q � TO- Mr. Joe Henderson, Acting Director `r° eCoiV-'` w` State Property Office, State CU Department of Administration `� FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &,FILL Permit Application Review APPLICANT: Robert & Hermond Midgett PROJECT LOCATION: NC 12 adjacent to Buxton Channel, in Buxton, Dare Co. PROPOSED PROJECT: To bridge 189' of wetlands and a 21' wide mosquito ditch. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. 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. q Signed \ . —� - �� Date 2 l o 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 1W State of North Carolina Department of Environment, Health and Natural Resources DNislon of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM February 16, 1996 1� [DFEE HNF1 --------------- -- Water Planning Section DMSfON OF WATER RESOl1RCE8 Division of Water Resources FROM: John Parker, Jr. 4 k `` Major Permits Processing Coordinator c R��E\VE-O 6 SUBJECT: CAMA/DREDGE & FILL Permit Application Rev!e MpN9�M�Nt APPLICANT:. Robert & Hermon Midgett PROJECT LOCATION: NC 12 adjacent to uxton Channel, in Buxton, Dare Co. PROPOSED PROJECT: To bridge 189' of wetlands and a 21' wide mosquito ditch. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. �� u This agency has no comment on the proposed project. Signed 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 4k /4 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer 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 1 February 16, 1996 Environmental Review Coordinator Division of Archives and History A&w24 �EHNR FROM: John Parker, Jr. Major Permits Processing Coordinator MAN 15 1996 CugS1Al MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Robert & Hermon "dg PROJECT LOCATION: NC 12 adjacent to Buxton Channel, in Buxton, Dare Co. PROPOSED PROJECT: To bridge 189' of wetlands and a 21' wide mosquito ditch. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. V -7- 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. _ Q'. Signed �/yL Q,L� C d�/ �� Date P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-corsumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF March 18, 1996 Regulatory Branch 1 Action ID No. 199601319 1' O g R�.CE�9�9� Rl t�� t Ma oo �rLN Mr. John Parker �1� Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 L, 9 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Robert and Hermond Midgette for a Department of the Army (DA) permit to construct an elevated wooden vehicular access bridge across a navigable ditch and coastal wetlands, on property located off the north side of NC 12, adjacent to the Buxton Channel and the Pamlico Sound, in Buxton, Dare County, North Carolina. 50" The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: —� -.� 1. All work authorized by this permit must be performed in strict compliance with the permit plans. .� 2. No vegetated wetlands will be excavated or filled. b 3. The authorized structures and associated activity will not cause an unacceptable interference with navigation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Ral Bland Project Manager Regulatory Branch Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 -2- 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. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF February 9, 1996 Regulatory Branch Action ID No. 199601319 Robert and Hermond Midgette Post Office Box 173 Buxton, North Carolina 27920 Dear Messrs. Midgette: 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 February 9, 1996, for Department of the Army (DA) authorization to construct an elevated wooden vehicular access bridge across a navigable ditch and coastal wetlands, on property located off the north side of NC 12, adjacent to the Pamlico Sound, in Buxton, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601319. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office at telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland Project Manager Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): 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 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF February 9, 1996 Regulatory Branch Action ID No. 199601319 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Robert and Hermond Midgette for Department of the Army (DA) authorization and a State Water Quality Certification to construct an elevated wooden vehicular access bridge across a navigable ditch and coastal wetlands, on property located off the north side of NC 12, adjacent to the Pamlico Sound, in Buxton, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by April 9, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland Project Manager Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. Sohn Parker ivision of Coastal Management orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEFJ P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-18 REPLY TO ATTENTION OF � I P. Regulatory Branch Action ID. 19 9 b D 13 19 Applicant �o�t'4 fini Waterway 1'S4I 4 c4hnf► I County__DQre Type Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. R. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 u 1 Isiii�i�ia Mr. Sohn Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27607 Raleigh, tNor Ca olina 27611-7687 Mv.i Eli C( _ Regional Office Division of Co stal Management North Carolina Department of Environment, Health and „�IatT�al soyru �SSllIIIA 7U��'7U oc a�� 0 50' Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is encloosed. Your comments and/or recommendations would be appreciated on or before Marc,I 10 Questions or comments ma be addressed to G j Regulatory Branch, G hln Field Office, telephone (jIl) Sincerely, G. Wayne Wright - I Chief, Regulatory Branch Enclosure A YI D60NiNElVTTAL PBOFFSSIONAiS, INC Planning for a better environment (919) 441-0239 December 22, 1995 Dolly Whitford 105 Briarwood Drive Greenville, NC 27834-6720 Dear Ms. Whitford: RFrFIVED DEC 2 7 1995 Attached you will find an application made on behalf of Robert and Hermond Midgette to construct a bridge on property which is adjacent to yours on a man- made canal or the Pamlico Sound in Buxton, North Carolina. Should you have any questions with regard to this application, do not hesitate to contact me or the North Carolina Division of Coastal Management. Sincerely, �w George H. Wood, CEP 95029rip P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8 o SENDER: — to Complete items 1 and/or 2 for additional services. ' to Complete items 3, and 4a & b. N • Print your name and address on the reverse of this form so that we can return this card to you. 0 Attach this form to the front of the mailpiece, or on the back if space does not permit.:.:. - t )•. Write "Return Receipt Requested" on the mailpiece below the article number • The Return Receipt will show to whom the article was delivered and the date Gdelivered.. _ v J... Article Addressed to: MC E V oliy C/jhC, f rc� o w % U S �iiGLrWood �rcJV� N g �I''eenvr f l� JvC, also wish to receive the following services (for an extra cmi fee): -------> 1. ❑ Addressee's Address m U Restricted Delivery •y 1_F:onsult postmaster for fee. d cle Number 536 Ace Type - tiered ❑ Insured - Pied ❑ COD e :sS, ail ❑ Return Receipt for 5 Merchandise r 1. Date of Delivery �: /2 0 , z� 7) 8. Addressee's Address (Only if requested •x and fee is paid) - m Signature ( ent) 7q, ❑ Expr, Form 3811,'December 1991 *U.S.GP0:1993— -714 DO ES; i ;-RETURN RECEIPT rr v SENDER: 'y • Complete items 1 and/or 2 for additional services. Q S�O�C.r m • Complete items 3, and 4a & b. :, • Print your name and address on the reverse of this form so that we ca > return this card to you. ` • Attach this form to the front of the mailpiece, or on the back if space does not permit. L"•.Write"fleturn Receipt Requested" on the mailpiece below the article numb •' •'The Return Receipt will show to whom the article was delivered and the da C delivered. v 3. Article Addressed to: 4a. A m E fCbv Eveh S�rl�Jc lotv.� ab. s o ❑ �e n El rn /i Co �. MOLf!!l1>, t V C Ce ❑ Ex °o Gvldo iuL o�7 S3�f 7. Da Q 5. Signature (Address 1 8. F cc 6. ignatur Age ) _ A� M 0 w PS Form 3811, December 1991 *U.S. GPO: 1993-352-714 I also wish to receive the following services (for an extra u " fee): •2 ❑ Addressee's Address to 1e .2. ❑ Restricted Delivery •m Consult postmaster for fee. m rticle Number - 33c �7 9 8 ervice Type m gistered OI rtifi id /!^ _ e pres tur ceipt for on f+ -Merch se to o D0 verp' - •° 0 100 • ti o D�M�9 A �,sss (Only if requested y r Urlif istrIs p ' ` - c t 1 0 1996 RETURN RECEIPT h m SENDER: yComplete items 1 and/or 2 for additional services. ,S —b pZ I also wish to receive the m •Complete items 3, and 4a & b.= following services (for an extra m=a �• Print your name and address on the reverse of this form so that we can fee)' m' return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address rj does not permit. « • Write "Return Receipt Requested" on the mailpiece below the article number. 2 -❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date d c delivered. Consult postmaster for fee. y I 'o .3. -Article Addressed to: 4a. Article Number - .:,l+ y 4b. Service Type o ❑ egistered ❑ Insured m pQ % p fp El !; ❑ COD 5 w ❑. Express Mail ❑ Return Receipt for 0 ✓�CJx 1� _ %�� a'� g o�-� Merchandise o Q �J !�� �ECf,A�F� 7. Date of Delivery = 3 %� e 5. Signature (Addressee) AN 1 (Q A dressee's Address (Only if requested and fee is paid) H m cc F f 6. Signature (Age t) • 2 > PS orm 3811, December 1991 *US.GP0:1993 2-714 DOMESTIC RETURN RECEIPT y nr•n rtl/C(� / � — V � / DElC' 1 1995 Z 330 297 Receipt Receipi For Z 330 774 299 Z 330 774 298 Certified Mail r� No In,ufanee @average Provided Receipt for Certified Mail Receipt for Certified Mail t,„ ,,r-,its Do not use for International Mail I® No Insurance Coverage Provided No Insurance Coverage Providec (See Reverse) S of I ,e,,,, ywtt Do not use for International Mail �.,r �,• r (See Reverse) ,qua Do not use for International Mai L c S �� r� / �{ r. �� Street ` tI� j l j yi✓O I! bik i m (See Reverse) Syy S5t to C and No 1 \ v N �P 2SStare -gLPCode q L t`�d St Col aml W ItiiOU� �US �rto�r �, L 0 Simi and No. 1 (o �t,{a�.r fir• cc U JIJ y/Vj C a7 / e�� Postage P. o.. State a!nd ZIP Coco // P.O., State and ZIP Cade _R%SJ �a O 4 �� t-����i O 2 4" MO E $ Certified Fee go go c) Postage a Postage $ li ` Certified F.•° E Certified Fee N Special Delivery Fee IL d rA Special Delwery Tee Special Delivery Fee Restricted Peslricted Delrvery Fee a a Nestucte'! Don,." To,!Restricted Delivery Fee Poem Peceipt Shawinq to Whom & Date Delivered R.hoo Peceipt Showing �tpp Fiction Receipt Showing to When, & Onto Delivered Pemm Peceipt Showing to Whom & Date Delivered Dale. and Add essee' s4`m Q TOTAL Postage Petmn RCO:mt Showing to Whom. Data. and Adm,,e, s Arlrlmsa Rewm Receipt Showin hem. Dale. and Addr n & Fees a Eu $ J Postmark TOTAL Pnsla fy ` •" & Fees • •� $ 4tldre TOTAL Post or Dal I'_ + & Fees 'f • 199 Postma'or ale f r- To - Postmar to 22 m uses 1; C-Djt1495 1995 i/$P5 EiWrmmw'ret, PROFENoxnrs, Ixc Planning for a better environment (919) 441-0239 RFCEIVED DEC 2 7 1995 December 22, 1995 U.S. Coast Guard Portsmouth Division Commander (OB) Fifth Coast Guard'District 431 Crawford Street Portsmouth, VA 23704-5004 Dear Sir: Attached you will find an application made on behalf on Messieurs Robert and Hermond Midgette to construct a bridge over an unnamed canal in Buxton, North Carolina. This canal is approximately two feet deep and is not currently used for navigation. It is not expected that this bridge will require authorization from the U.S. Coast Guard. I would appreciate your concurrence with this finding and remain available to answer any question you may have. Sincerely, . George H. Wood, CEP 95-029 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 E► MOrmmvenr,PRoFEssIONMINC Planning for a better environment (919) 441-0239 December 22, 1995 RECEIVED DEC 2 7 1995 Robert and Mary Baggett PO Box 966 Buxton, NC 27920 Dear Ms. Baggett: Attached you will find an application made on behalf of Robert and Hermond Midgette to construct a bridge on property which is adjacent to yours on a man- made canal or the Pamlico Sound in Buxton, North Carolina. Should you have any questions with regard to this application, do not hesitate to contact me or the North Carolina Division of Coastal Management. Sincerely, G�roZ� George H. Wood, CEP 95029rip P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 State of North Carolina Department of Environment, WA Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B, Howes, Secretary Roger N. Schecter, Director February 6, 1996 Robert and Hermond Midgette P. O. Box 173 Buxton, NC 27920 Dear Gentlemen: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on the north .side of NC 12 adjacent to Buxton Channel, in Buxton, Dare County. It was received on January 10, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 25, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 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 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Af rmafive Action Employer 50%recycled/ 10%post-consumer paper .- I February 6, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. LWM/kh Enclosure cc: John Parker Richard L. Watts Sincerely, t�-(/-.L Lynn W. Mathis Field Representative III LAMA PERMIT APPLIED FOR PROJECT: To bridge 189' of coastal wetlands and a 21' wide navigable mosquito ditch to access a high ground ridge on sound side in Buxton. COMMENTS ACCEPTED THROUGH March 3, 1996 APPLICANT: Robert and Hermond Midgette P. 0. Box 173 Buxton, NC 27920 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: N.C. Division of Coastal Management Y 1367 U.S. 17 South Elizabeth City, NC 27909 &MorlErrrAt, PROFESSIONALS, INC. Planning for a better environment (919) 441-0239 pPrFIVED DEC 2 7 1995 December 22, 1995 Don and Evelyn Strickland 116 N. Marion Drive Goldboro, NC 27534 Dear Mr. and -Mrs. Strickland: Attached you will find an application made on behalf of Robert and Hermond Midgette to construct a bridge on property which is adjacent to yours on a man- made canal or the Pamlico Sound in Buxton, North Carolina. Should you have any questions with regard to this application, do not hesitate to contact me or the North Carolina Division of Coastal Management. Sincerely, George H. Wood, CEP 95029rip P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8 9 r� I ll.i i.iv'1"I JAN `d 0 -1996 BK714PG0105 The property hereinabove described was acquired by Grantor by instrument recorded in...........................................................:.. Deed„ Book...266.r...Page..348.,of Dare County...Pub11.>i...RRB�SCF.Y................................ ................ . A map showing the above described property is recorded in Plat:d3Dtdt .Cab.inet.,.S..............:FanBE...S.Lide..38fz ' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in -fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: None IN WITNESS WHEREOF, the Grantor has hereunto set his hand anti scat, or If corporate, has caused this Instrument to be signed In Its corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first above written. .. r ` lit � l-y_l- : 1` C l - ------ -- -- --------(SEAL) (Corporate Name) I,•a ALVANIA W. S.11wIS _____________________________________________________________(SEAL) _________President ATTEST: U •t,' _________________________________________________________(SEAL) --------------------------------------------------------------- rt ----'C: ---i;_--'Secretary (Corporate Seal) .. „n•y;,51 wry•.: ti• W in _____________________________________________________________(SEAL) yr.bY. V6nsn'(J�r ., . s' • eTXgiP• '• NORTH CAROLINA- _________ -------------- county. • .• j} ''�:`�'•�•-eb `"}'ti®S., •,i.%�. •y I, a Notary Public of the County and Stale aforesaid, certify that __________________________________________ lg.gr. �x----- ALV-AN1A_K.__SSM.S------------------------------------------------------------- -Grantor, �.) • I, t� 4' ;J�.'it;•; ,' F: �'y 'personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my i�t-c : :�ti • p K C� x •••... ��•' .✓•'a� CIU1iF,:' hand and alllclel clam or seal, this __ day of __ _____________________________ 18t_ ? P �_'_ iL. .'P�,tAi4r�Y)sth,,'ur•, � 1 rtr"ru`Xi_ ' rM61 :N�r w•.e, .i.. _______________ _ _____ ________ Notary Public My commission expires: o�YLG'Q_j_-__ __fi�!GT_'S'__(eG'• :.., .' SEAL -STAMP NORTH CAROLINA_---------------------------------- County. I, a Notary Public of the County and State aforesaid, certify that __________________________________________ ,u personally came before me this day and acknowledged that ____ he Is ___________________________ Secretary of • y_------------------------- ..---------------------------- a North Carolina corporation, and that by authority duly e = Liven and at the act of the eorperatlon, the foregoing Instrument was signed In Its name by. Its _______________ President, scaled with Its corporate seal and attested by ___________ as Its ___________________________ Secretary. D Witness my hand and official stamp or seal, this _______day of ___________________________ 19________. My commission expires: Notary' Pubilc 7 -______ ________--- ___________________________________________________________________________________________________________________la are certified torrect. This Instrument and L Is cerIIIataeduly registered at the date and tin m d In the Dook and Page shown on the first Dage here ----------- - - - �_____ _ ___ _____________REGISTER OF DEEDS F _ __ _ _________________COUNTY By __________________________________________________________________Deputy/Assistant. Register of Deeds N. C. Bar Assoc. Form No. 3 © 1976, Revised © 1977-isoinwmbm, a co.. Inc.. so. I21, ♦NIkinvin,, N. C. 21055 PrInIM by APr..m•nl with In. N. C. en AMC. —198I rSic• 9 :? I The Grantor covenants Will, the Grantee that Grantor Is seized of the premises in fee simple, has the right to convey the same In fee simple. that life is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend file title against the lawful claims of all persons whomsoever except for the following exceptions: 1, Ad Valorem taxes for 1995 and all subsequent years. , 2. Subject to any easements and restrictive covenants as may appear of record in the Public Registry of Dare County. IN WITNESS WHEREOF, the Grantor has hereunto at his hand and seal. Ld. Z� (SEAL) ALVANIA W. SIMS NORTH CAROLINA, DARE COUNTY P�i�ubli_c of the Comely and Slate aforesaid, certify that ALVANIA W. SIMS, Grantor personally appeared before me this day and acknowledged the ' f &.fcireaofnq instrument. Witness my hand and official stamp or seal, this tP y day of February, 1995. ll Notary Public DARE COUNTY The Foregoing certincate(s)of Diane L. Bee.^, a Not.ar. Pub] i.c of Dare Co., N.C. at the date and time and in the Book islam certified to be correct. This Instrument and this certificate are duly registered and Page shown on the first page hereof. Dorris A. Fry REGISTER OF DEEDS FOR DARE COUNTY � n _ Yn V �� )MjEOK6sslslanl Register of Deeds Sy Y r Ln STnrE 0 � ise '•,� Real Estate "; FT ExcTax _ FEO•F'35 •,'•: :':.:'%` O iJ. ` 3 , YK;97.4PG02,6'8 FILED '95 FEB 6 PM 4 42 DORRIS A. FRY REGISTER OF DEEDS DARE COUNTY. N:C This Instrument should be mailed to the preparer, Jean -Louise C. Dixon, at Post office Box 750, Avon, NC 27915 Brief Index Description: Lot 2-B, William E. Midgette Tract Parcel Identifier Number: r 'RECE-IVFn JAN 9 b 1996 Excise Tax: $ NORTH CAROLINA GENERAL WARRANTY DEED . THIS WARRANTY DEED is made this �2 day of February, 1995 by and between: ALVANIA W. SIMS, unmarried (hereinafter referred to in the neuter singular as "the Grantor") and ROBERT W. MIDGETTE 'r,;: and Wife, JUDY D. MIDGETTE ' and O r� t l u HERMOND L. MIDGETTE and Wife, VIRGINIA DOROTHY MIDGETTE' P.O. Box 173 Buxton, North Carolina 27920 (hereinafter referred to in the neuter singular as "the Grantee") WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does hereby give, grant, bargain, sell and convey unto the Grantee, Its heirs, successors, administrators 'and assigns, all of That certain lot orpdarcel of land situated in the Village of Buxton, Hatteras. Township of said Dare County, North Carolina, and more particularly described as follows: All that certain tract or parcel of land lying and being in the Village of Buxton In Hatteras Township, Dare County, North Carolina and known as Lot 2-B as described in that certain map or plat entitled. Division of Lot 2, "Revised Division of William E. Midgette Tract" prepared for Robert W. Midgette and Hennond L. Midgette by Manson Ray Meekins, a registered Land Surveyor, on December 20,1994, and recorded In Plat Cabinet C, Slide 2001, Public Registry of Dare County, North Carolina, said map or plat being Incorporated herein by reference for a more particular description. There Is also conveyed herewith an 0 foot easement for the purpose of access, ingress, egress and regress upon Lot 2-B which is designated in the above -referenced map orplal as "Proposed 0 Fool Easement" and is lying on the eastern edge of Lot 2-Aas described on said map or plat which Is Incorporated herein for a more particular description. The property herein described was acquired by the Grantor by deed recorded In Book 302 at Page 446, in the Public Registry of Dare County. A map showing the above described property is recorded in Plat Cabinet C, Slide 2001, in Ilse Public Registry of Dare County. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. RECENM JAN 1 0 1996 BK714PG0105 The 3-operty hereinabove described was acquired by Grantor by instrument recorded in.............................................................. Dee d,.Book...266.... Page;.3A§... f...Dare,.CountY...u„.. ................................ A mal+ showing the above described property is recorded in Plat:COuk .Cab.inet... B.............. 7{ragB... S.Lid.e..9B6 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Atli! Life Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free slid clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: None IN WITNESS WIIEREOF, the day and year first the Grantor has hereunto set Ids hand and seal, or if corporate, has caused this Instrument to be signed In s corporate name by Its duly authorized officers and its seal to be hereunto a(llxed by aulhoritY oI Its Board/o[�}DiQr/e/ct/orsy.�, _ ) above written.i.GLu�� _ ____ ,.+ ,l _l_•_ �_________________ ---------- - ---- (Corporate Name) ALVANIA W. S.IMS C (SEAL) H President U (SEAL) ATTEST: rG --------------------------------------------------------------- ___Secretary (Corporate Seal) (SEAL) NORTH CAROLINA, _________--------------------- ______________County :.; . ;• v f >. I -G ' •• "' : , a Notary Public of Lhe County and State a(orosald, cerd[Y that --ALV.AAlIA_ld.__SZMS----------------------------------------------------- Grantor, ay and acknowledged the execution of the foregoing instrument. Witness MY personally appeared before me this tl ,•�•. n K�'��!� FIYI=t"Y" hand and official stamp or seal, this 3 day of --V . - ----- 1 'i. %�. '•. i (VV/ dry � - _ Notary Public • �==LG -- iu iJ�nd'• "" MY commission expires: ------------------- NORTH CAROLINA___________________________________-__.__-. SEAL -STAMP -----• I, a Notary Public of the County and State aforesaid, certify ------------- Secretary o! a personally came before me this day and acknowledged that ____ he Is ____--------- _ a North Carolina corporation, and that by authority duty n p the foregoing Instrument was signed In Its name y ,,, given and as the act o[ the cor oration, ,,. -,_ - 07 ____ as Its ___________________________ Secretary. u President, scaled with Its corporate seal and attested by _____ -- .� this day of , 19_-______. Witness my hand and official stamp or Seal, _______ __________________________ 1 MY commission expires: _______________________________________________________________________ Notary Public The 4 going epitificate(s oI _-�% -- -�--- - - % _ _____________________ } _ ---- -------------- ---- --- -------------------- - -are - e tified ----- -- --------------------- ----------------------------- is are certified to e c rrect. This Instrument and t o' certificate ace duly registered at the date and fi a d In the Book and Page shown on e first page here { �- --------------- REGISTER OF DEEDS F _ -- ----------------COUNTY -----_--^--------------------------------------------- DeputY/Assistant- Register of Deeds L' , lssoc. Forni No, 3 © 1976. Revised© 1977 127, Ya kM1rvnm. N. a 27055 ..i, , .W whh the N. C. Oar Awe.-1901 STATE OF flnnl �`•,tBfF 8K 7 1 4 PG 0 1 0 4� _ n ♦. 11 i .. P.D. A.TIT, i � f, b� uUIVTY Ei,. ... '90 JUL 3 Pi1 1+ 26 ,r cep"o DORiI15 t. FRY Land Transfer Number X41"/y 90 REGISTER OF DEEDS 1% Transfer Fee $100.00 DARE GO MM- N,C. Excise Tax $10. 00 Recording Time, Book and Page TaxLot No...............................................................4........................... Parcel Identifier No........................................................................... Verifiedby........................................................................ County on the ................ day of ......................................................... 194........... by.............................................................................................................................................................................................................................. Mail after recording to ...................Mr. and Mrs. Robert W. Midge ..tte............................................................................................ ..........................................................Post Office Box................... ..Buxton.r...North...Carolina„27920................ 4................... This instrument was prepared by ... E......Crouse..Gray,...Jr..,...Att.orney...a.t..Law ........................................................................... Brief description for the Index PARCEL -BUXTON NORTH CAROLINA GENERAL WARRANTY DEED 2440-001 THIS DEED made this ..3.rd....... day of...Ja1,y................. .............. .... .... ...... 19.9.0....... by and between GRANTOR ALVANIA W. SIMS, Unmarried GRANTEE ROBERT W. MIDGETTE, and wife, JUDY C. MIDGETTE Post Office Box 173 Buxton, North Carolina 27920 Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as requited by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the)(MAX1.Town ... f .Buxton ......................... ........... Kinnekeet............... Township, .._ ............ ..... ..... Dare ... ........ County, North Carolina and more particularly described as follows: Beginning at a certain point, said point being located in and on the Northern edge of the 60 foot right of way of North Carolina Secondary Road 12, said beginning point being North 78 deg. 23 min. 42 sec. East 17.0 feet from a concrete monument located on the Northern edge of the afore -referenced right of way as the same is intersected by the East line of that lot or parcel of land now or formerly owned by Artis Whitford; from said beginning point North 01 deg. 52 min. 37 sec. West 137.30 feet to a point; thence North 82 deg. 44 min. 52 sec. East 110.35 feet to a point; thence South 08 deg. 54 min. 47 sec. East 117.77 feet to a point, said point being located in and on the Northern edge of the afore -referenced right of way; thence South 73 deg. 38 min. West 112.15 feet to a point; thence South 78 deg. 23 min. 42 sec. West 15.94 feet to the point and place of beginning. The same being Lot 1 of the revised division of the William E. Midgette Tract as shown on map or plat recorded in Plat Cabinet B, Slide 386, Dare County Public Registry, reference to which is hereby made for a more complete and concise description of the lands being herein conveyed. N. C. Bar Aswc. Form No. J u 1976. Revised (?, 1977 — i,mn wne..na co.. mc. ao. 1}). VMMimilla. N. C. I)955 Vr�nlul by / W eeTenl ..",'. N. C. a., F,nc. - 198,