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HomeMy WebLinkAbout70-96 Windley, Samuel'emhit Class NEW' STATE MNO](�TH,CAROLINA P' r Department of Enviro ent,� ,tlt'& Natural Resources PermitNumber X nt° � Major D p u. an Area';of Environmental Concern', l OASfAL ursuantto 1-13A'1M'' p wocv NAG GS E4AEFlT �,.._ - dP _ Excavation and r him uant to NCGS 113-229 Issued to authorizing development in - Beaufort , as requested in the This permit, issued on Sig /9 6 _, 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 bulkhead must be constructed prior to any backfilling activities. 2) The bulkhead must be structurally tight so as to prevent seepage of backftll materials through the structure. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. The riprap material must -consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 4) The riprap will not extend waterward more than 5 feet from the normal water level or bulkhead at any point along its alignment at the time of construction. attached sheet for Additional This permit_action maybe 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 contnuance, 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. 41. Roger, checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Samuel A. Windley Permit 970-96 Page 2 of 2 5) No fill material will be placed at any tirkany5wslpr surrounding waters outside of the alignment of the fill area indicated on the wo �apg ) 6) All backfill materials will be obtained from AltigKrouq. - rce and confined landward of the permitted riprap. I�x NOTE: The Division of Environmental Managembs Quality Certification No. 3025 on 26, 1996. this project under General Water Permit Class Permit Number NEW STATE Department of Env X MajorDev( pursuant to Excavation and/or Resources Concern pursuant to NCGS 113-229 1 � 1 11 I � 4_.•• 1 � J • �_. 11 1 1• ♦� 1 •. i' � "1 as requested in the permittee's application dated 2/21 /96 including attached work ply drawings dated 2/21/96 This permit, issued on S9 / 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 bulkhead must be constructed prior to any backfilling activities. 2) The bulkhead must be structurally tight so as to prevent seepage of backftll materials through the structure. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 4) The riprap will not extend waterward more than 5 feet from the normal water level or bulkhead at any point along its alignment at the time of construction. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department persomiel 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 checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Samuel A. Windley ADDITIONAL. CONDITIONS Permit #70-96 Page 2 of 2 5) No fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plans. 6) All backfill materials will be obtained from a high ground source and confined landward of the permitted riprap. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 3025 on 26, 1996. ' Permit Class Permit Number NEW STATE Department of Env X Major Devi pursuant to Excavation and/or Resources Concern UII is; a QUAht^uE4.... to NCGS 113-229 M I IJKVAIJ f IM I MWPA I LY,t r hi,1 • :'are M C I. •I M 0r authorizing development in Beaufort County at PungoRiver _Yat721 Smith Shore Rd.,near Relhayen , as requested in the permittee's application dated 2/ .1 /96 including attached work plan drawings dated 2/21 /96. This permit, issued on Sig A 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 bulkhead must be constructed prior to any backftlling activities. 2) The bulkhead must be structurally tight so as to prevent seepage of backftll materials through the structure. 3) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 4) The riprap will not extend waterward more than 5 feet from the normal water level or bulkhead at any point along its alignment at the time of construction. attached sheet for Additional This permit action may be appealed by the petmittee 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 IDecember 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. , 9, Roger, checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Samuel A. Windley Permit #70-96 Page 2 of 2 ADDITIONAL CONDITIONS 5) No fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plans. 6) All backfill materials will be obtained from a high ground source and confined landward of the permitted riprap. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 3025 on 26, 1996. f - . Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 13 LL/JAVE� 1. APPLICANT NL=AA a. Landowner: Name .Sa-vv,Lxel R. WiNbLey Address 7.21 .Sm A SL re Re City DELI-lAvc/J State NC Zip a7VO Day Phone glgt-q(0q-a2a2 Fax b. Authorized Agent: Name Al A Address City State Zip Day Phone Fax c. Project name (if any) Ali A NOTE. Perndt will be issued in came of la do erisJ, tad/or project wme. 2. LOCATION OF PROPOSED PROJECT a. County )3& U6MT c. Street address or secondary road number 7,21 Smih S6ry Rd S4�0e P-d 3} 1769 d. Is proposed work within city limits or planning jurisdiction? Yes Y No e. Name of body of water nearest project (e.g. river, creek, sound, bay) p� creek 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. add moron — lac f iprap rnnsiruei nik{,-d to dp_. e oFF mav\-mach 12'istn b. Is the proposed activity maintenance of an existing project, new work, or both? BOTH c. Will the project a for public, private or commercial use! ff OrIJa e d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Coh57Auc-r Timber 6i,1Vkt,&l— ol4ce.eal< usinc .lccKAne — dill eXIsT/nc 5tn Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 460rou. [ierp_ b. Size of individual lot(s) .4 acre c. Approximate elevation of tract above MHW or NWL l V2t d. Soil types) and texture(s) of tract gad' cl� e. Vegetation on tract rez SS f. Man-made features now on tract Howse earc-se g. What is the CAMA Land Use Plan land classification of the site? (cowua the local land we Platt.) Conservation Developed - Rural ' Transitional Community Other h. How is the tract zoned by local government? A0 zohtn i. Is the proposed project consistent with the applicable zoning? Yes No (Awch zoning compliance certificate. if apphcabk) Has a professional archaeological assessment been done for the tract? Yes V No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ✓ No I. Are there wetlands on the site? —Yes V No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach docummadon, if available) in. Describe a fisting as water treatment facilities. 'Sep 1C. Systewh 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.) Sur —Face rur,OFF o. Describe existing drinking water supply source. Well 2�3' deep 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 II" 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 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name NorwoedG s H b-sc)4 Address 693 3el aoe. NC 27&lc Phone 4635 Name toll(JOLV..T & rkam weer Address 743 Smil-k Shore Rd, 8e)l,aurn NC 278,I0 Phone R14 - 9(-4- 149.74 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit; I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 91 day of Fels 199(-. Print Name cSdvw me I R cot NDLC-; Signature landowner or Authorized At t Please indicate attachments pertaining to your proposed project. V DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 I EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Eristing Project Unath Width Depth Depth 1. EXCAVATION N A a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL` N A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? _ Yes If yes, where? be available for future _ No Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization V Bulkhead ✓ Riprap b. Length 60' 3u%kej a l l Ri prap c. Average distance waterward of MHW or NWL ± 751ef 6,IKlej Rlprap 5' d. Maximum distance waterward of MHW or NWL So' e. Shoreline erosion during preceding 12 months NON 6 (Source of information) f. Type of bulkhead riprap material WooD oRQck5 g. Amount of fill in cubic yards to be placed below water level d (1) Riprap 79 Cu y (2) Bulkhead backfill /ll Ctt y h. Type of fill material Scaea.r'Vk i. Source of fill material Coin i 2ACTolt 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? V Yes No If yes, (1) Amount of material to bed placed in the water 1 I I cc. y (2) Dimensions of fill area ao' x 75' (3) Purpose of fill Fill iN M/tr7-mpDa i7 RSIN b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes V No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? j3W_ eexd Will be- coh5+ra&eJ .before fill frU< Place b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? back�ve ; btd1dozen c. Will wetlands be cr3ssed in transporting equipment to project site? _Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. .SQ+nuel wlNb)LE� Applicant or Project Name Signature Date Revised 03/95 qb -ram-z �1dQ wtt � g vl..w •}M .'! y MA ti c _ 7 {y w � + .i< `� ��'$}R�� > f r i +f`v YsJ� a � '�^.-' � y,• - i< fS¢a rfy � ina q'._ Sgym ., .aa.. wr,,..�i�sgAl�ix..:`_':a^:BvC,�ffir3 .v: }r. .:d.�dc1�..4.a. .xa.,�. .. 4• YilY�iiLiYdU'1� tiCPF�' �Sa7 \ /H 1Z I Q (p Z ecK e % 264 - 70o RIDGE h RD. SEE PAN EGO AP S Wi,SI\ 1619 264 0-7 99 w r I700 1709 n SHIRLEY 1609 FARM RD. ^� CH. NP. RD. 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OSTDC WOODS(s{ Y+ Esc H 4 SIDNEY sq� a T ° G' ,u �� 99 -" q'UNQH �o tom^ �1723 RD• 9PPR�" +'+ r Bat 2, bbbb 743 _ 7 in 1747 1716 RD. 0 2 _ ��tOG o,. ► N,� .- p°9y 9sP WINSTEADVILL n 92 �2� 1732 9 9 Fq'O RD. m �, E Ba7�iwanM P- n3e 0 Pq Sp�AN22 saf+5� �757 �O�Q• 1755 0 S 1722as'+ v 1744 SOP NORTH sc 99R�L� ma 2 BURBAG CRK. LN(G. eNRa .x c�� my CROSSROAD 2 ., R NSOMVILLE F4cy�� �- y /L1746 POIN F$4TH- _2 99'17 £ {�yp0l) MIXON ,','.��_ < QA P'p9T 31 !i�e'�9+Air 0Rp , IEW ���CREEK ar°n WIDE a 9 a goP.R 92 x WATE�tS R� vi` s t �U a n oti ELLYD DEli o ^zYgYAWK At 5 fy306 9 SQUT WI DSy� R CRRppATAN pAY'wA � 'i., e „%/A t � �r Q? 31736 .o k;TOSGARORA,�SRY m n qe.' C . r:r s E' ��NF3 "„ y,'" 4'Qa h �� /2 1'O ' �.� 1725{� Ydx°«.'�a zl.+r...:wS,CLARENDONr AYd`sly m a ax f o 4 •'1C7"�e. a w DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF May 28, 1996 Regulatory Branch Action ID No. 199601388 and State Permit No. 70-96 Samuel R. windley 721 Smith Shore Road Belhaven, North Carolina 27810 Dear Mr. Windley: Reference your application for a Department of the Army permit to place fill material in an existing man-made basin and construct a bulkhead and riprap, on property located off State Road 1769, at Smith Shores on Pungo Creek, near Belhaven, Beaufort County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -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 U.S. Fish and Wildlife Service / p 1`1 Fish and Wildlife Enhancement /rF'1a` Post Office Box 33726 Raleigh, North Carolina 27636-3726 Alp,41, a��,l 9gS Mr. Larry Hardy t' National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr.- Terry Moore, District Manager Washington Regional Office North Carolina Division of oastal Management 1424 Carolina Avenue Post Office Box 2188 Washington, North Carolina 27889-2188 I State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 14, 1996 Mr. Samuel R. Windley 721 Smith Shore Road Belhaven, NC 27810 Dear Sir:: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, A&�" John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, N 7: FAX 919-733-1495 An Equal Raleigh, North Carolina 27611-7687 •' Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper ` DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Samuel R. Windley 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1769 at Smith Shores on Pungo Creek near Belhaven, North Carolina Photo Index - 1989: 2-82 #5; 144,14-J,15-J 1984: 79-965; 18-D,18-E State Plane Coordinates - X: 2,695,500 Y: 648,700 Pantego Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/21/96 Was Applicant Present - YES 5. PROCESSING PROCEDURE: Application Received - 2/22/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (water, wetlands) Community (land) (B) AEC(s) Involved: PTA,EW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank and drain field Planned - N/A (F) Type of Structures: Existing - House, garage, bulkhead, riprap, and pier Planned - Bulkhead and riprap (G) Estimated Annual Rate of Erosion: Zero Source - Applicant 7. HABITAT DESCRIPTION`. [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ±1,500 ftz manmade basin (C) Other ±1,055 ft2 riprap in Pungo Creek (D) Total Area Disturbed: ±0.06 acres (E) Primary Nursery Area: NO (F) Water Classification: SC -NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to close off and fill in an existing manmade basin by constructing a bulkhead and placing riprap on the waterward side of the bulkhead. Sam Windley Smith Shores Subdivision Project setting The project site is located off SR 1769 at Smith Shores on Pungo Creek near Belhaven, North Carolina. The property is bordered on both sides by developed and bulkheaded lots and is a part of Smith Shores subdivision. The property measures f213.5' along the shoreline and is bulkheaded with the downstream (east) end of the site protected with approximately 77' of riprap. An approximately 75' by 20' manmade basin cuts into the property and is bulkheaded on three sides. An existing home and a detached garage are present on the site. The area is vegetated with lawn grass, several hardwood trees and various landscape shrubs adjacent the dwelling. A pier with a T- head exist at the upstream (west) side of the property. The project site is approximately 2' above the normal water level. Pungo Creek is classified as SC -NSW by the Environmental Management Commission. Pungo Creek at the project site is coastal water but is closed to shell fishing as a polluted water. Project description The applicant proposes to close off and fill the existing f75' by f20' manmade basin by constructing a new 60' bulkhead from corner to corner of the existing bulkhead. Approximately 1,500 ft2 are proposed to be filled in the manmade basin. Riprap is proposed T waterward of the newly constructed bulkhead as well as 5' in front (waterward) of the existing 74' of bulkhead. The applicant proposes to add riprap to the existing ±77' of riprap on the east end of the property. Anticipated impacts The project as proposed will result in the filling of f1,500 ft2 of a manmade basin adjacent Pungo Creek. The placement of riprap will result in the filling off1,055 ft2 of creek bottom. The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye - 22 February 1996 y APPLICATION TRANSNrrTAL/PROCESSING RECORD A) Applicant: Samuel R. Windley County: Beaufort Location of Project: Off SR 1769 at Smith Shores on Pungo Creek near Belhaven Date Application Received Complete by Field: 22 February 1996 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: D. Mo,ye District Office: Washington District Manager Re 'ew: B) Date Application Received in aleig ECE�VE Fee Rec'd: $ B2 w Public Notice Rec'd: FE CAtk9?nd Notice Date: Adj. Rip. Prop Notices Rec'd: Deed Rec'd: Application Assigned to: yS).< g L .i +_ C�, L C) 75 Day Deadline: 150 Day Deadline: Q Mail Out Date: { I ` State Due Date: Federal Due Date: �d — �i Fed. Comments Rec'd on Permit Final Action: Issue -"-'% Deny Draft on 9 6 D) AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office _Z _ Division of Comm. Assistance Land Quality Section _ Div. of Env. Management State Property Office 4 5�1 S- 6 - Div. of Archives & History IY Div. of Env. Health — (� Div. of Highways ( r Wildlife Resources Commission Div. of Water Resources Div. of Marine Fisheries _ MEMORANDUM TO: John Parker FROM: David Moyer DATE: 22 February 1996 SUBJECT: Sam Windley Permit Application The applicant is proposing to fill in a manmade basin by connecting the existing corners of his bulkhead where they intersect the cut into the yard along Pungo Creek. The proposed riprap could be permitted using 7H.1100 and issuing a General Permit. The project appears to be consistent with the rules found in Subehapter 7H concerning development in Estuarine Water and Public Trust Areas. If the project is permitted, I recommend that in addition to the standard conditions, the following conditions be added to the permit; 1. The bulkhead will be constricted along the alignment as depicted on the plan view plat dated 21 February 1996 and submitted with your application. 2. The bulkhead must be constructed prior to any backfilling activities. 1 3. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 3 4. The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 5. The riprap will not extend waterward more than 5 feet from the normal water level or bulkhead at any point along its alignment at the time of construction. i( 6. No vegetated wetlands will be excavated or filled. 5 7. No fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plat(s). FRO/l'Yl DATE: SUBJE MEMORANDUM David Moye John Crew 23 February 1996 Sam Windley Proposal - Filling of 1,500 sq. ft. oflC�anmade Basin adjacent Pungo Creek off SR 1769, Smith Shores, Pungo Creek, Beaufort County This proposal involves proposed filling of 1,500 sq. ft. to close off an existing manmade basin by a bulkhead and riprap. Public Trust Areas, Estuarine Waters and Estuarine Shoreline AECs are involved. The proposal comes under the auspices of the March 1993 CRC certified Beaufort County Land Use Plan update. The plan offers the following guidance on proposals of this type: County policy on AECs (page VIII-4) is to preserve and protect AECs through supporting development within AECs only if such development meets the management objectives of 15 NCAC 7H .0203 and use standards of 15 NCAC 7H .0208 and .0209. By definition (page IX-9, (X-10) all AECs are included within the Conservation land class and the county notes any limited development therein will need only limited onsite services. The landward portion of the proposal is shown in the Community land class on the county's land classification map. This class (page IX-7) notes modest, clustered land uses are provided for within this class where very limited services are provided. My opinion is with the limited guidance provided, if this proposal meets appropriate AEC standards it would not be inconsistent with the county plan. cc: John Parker Preston Pate State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 26, 1996 Beaufort County DEM Project # 960218 APPROVAL or 401 Water Quality Certification Mr. Samuel Windley 721 Smith Shore Road Belhaven, NC 27810 Dear Mr. Windley: You have our approval to place fill material in 2,655 square feet of wetlands or waters for the purpose of filling a manmade basin and installing a bulkhead at SR 1769 on Pungo Creek, as you described in your application dated 4 March 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM RECEIVES . P.E. MAY 7 1996 Q> COAS14L. MANAGEMENT 960218.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 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 23 February 1996 i 9" TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator ED FE F1 / e, CI) Z.z4 .i MAR - 8 1996 DMF-PUB. TUSUBU JDS' SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Samuel R. Windley Project Location: Off SR 1769 at Smith Shores on Pungo Creek near Belhaven, Beaufort County, North Carolina Proposed Project: To close off and fill in an existing manmade basin by constructing a bulkhead and placing riprap on the waterward side of the bulkhead. Please indicate below your position or viewpoint on the proposed project and return this form by 14 March 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481, Ext 298. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. \__--­,�This office approves of the project only if the recompended chan es are incorporated. )ee att.a.c d..— V' c"' fo ?S/U.Q GiiU Yi �•"'i .•l�n; /� tp'( ---- This office objects to the project for reasons described in the attached comments. Signed -� Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 23 February 1996 MEMORANDUM TO: Mr. William McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator AJA � C)EHNF>1 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Samuel . Windley Project Location: Off SR 1769 at Smith Shores on Pungo Creek near Belhaven, Beaufort County, North Carolina Proposed Project: To close off and fill in an existing manmade basin by constructing a bulkhead and placing riprap on the waterward side of the bulkhead. Please indicate below your position or viewpoint on the proposed project and return this form by 14 March 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481, Ext 298. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. 1 ffice objects to the project for reasons described i the ed comments. Signed t Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%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 23 February 1996 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources �EHNFZ4 :.*' RECINE0 MAR 5 1996 COAsiAL MANAGEMENT FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Samuel . Windley Project Location: Off SR 1'769 at Smith hores on Pungo Creek near Belhaven, Beaufort County, North Carolina Proposed Project: To close off and fill in an existing manmade basin by constructing a bulkhead and placing riprap on the waterward side of the bulkhead. Please indicate below your position or viewpoint on the proposed project and return this form by 14 March 1996. If you have any questions regarding the proposed project, please contact David Moye at 946-6481, Ext 298. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. _ This office objects to the project for reasons described in the comments. Signed C Date 3' Al-& 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-976-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 29, 1996 MEMORANDUM [::)EHNF1 TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: SUBJECT: APPLICANT: John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Samuel . Windley \� PROJECT LOCATION: Off S 9 at Smith Shores on Pungo Cr., Beaufort Co. ROPOSED PROJECT: To close off and fill in existing manmade basin. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 22, 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 /�attached comments. Signed���' Iil1a.J�,p� Date 3 -11 ('cw54tl�Z1 e�:o . CD";-ako,- , 9CvJZf- P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 29, 1995 MEMORANDUM E:)EHNF1 TO: Mr. Larry R. Goode, Phil., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DUDGE & FILL Permit Application Review APPLICANT: Samuek R. Windley W XI �g96 OLOviwd." ht PROJECT LOCATION: OM1769 at Smith Shores on Pungo Cr., Beaufort Co. PROPOSED PROJECT: To close off and fill in existing manmade basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 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 agerlicy objects to the project for reasons described in the nts. Signed05��aj Date 3 c} 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 MAP 18 'an 03:09PH State of North Carolina Department of Environment, Health and Natural Resources Division of Coostol Nionagement , James B. Hunt, Jr., Governer Jonathan 8. Howes, Secretary Roger N. Schecter, Director .--� A00%% JIM wA r�..t�. E> FEE February 29, 1996 RECEIVED MEMORANDUN4 MAR < ino,, TO: Ms. Linda Sewall. NV, OF ENViFt)r cpLTl¢ DirectorrA9=N14; i,r Division of Envirorunental Health FRONI: John Parker. Jr. Major Permits Processing Coordinator SUBJECT: C" 4 TE & FILL Permit Application Review APPLICANT: Samuel . Windley PROJECT LOCATION: Off S '1, 69 at Smith Shores on Pun ge Cr. , Beaufort Co. PROPOSED PROJECT; To close off and fill in existing manmade basin. Please indicate below your agency's position or viewpoint on the proposed proicet and return this form by March 22, 1996. If you have any questions regarding the proposed project, please contact John Parker at'33-2293. When appropriate, in-depth continents 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 recomrnended changes are incorporated- See attached. This agency objects to the project for reasons described in the attached comments. Signed iC,<'� F.O. Box 27687. Role;grn, Ninth ccxolinc 276 i 1-7'87 TFlephor,e 919-"•; ?2`>3 FAX 919-733-1495 Ar. Fouc vpPcrr,:r^y A`'irrr.Ctive Acr _n fmti;nya: rec „-ac. . _, . _4 pone: 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 29, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History C) FE FR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: C E & FILL Permit Application Review APPLICANT: Samue . Windley PROJECT LOCATION: Off SRI 69 at Smith Shores on Pungo Cr., Beaufort Co. PROPOSED PROJECT: To close off and fill in existing manmade basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 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 attached comments. Signed k"j- t���/ J � Date 3/5/ G 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 A-S n_ 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 29, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources E) FE F71' FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application APPLICANT: Samue (Windley PROJECT LOCATION: Off SR1769 at Smith Shores on Pungo C II FEB 191996 UVOOpi OF 0MltWW)RMS PROPOSED PROJECT: To close off and fill in existing manmade basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 19%. 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. X This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date -7 V4 P.O. Box 27687, Raleigh, North Caolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 60% recycled/ 10% post -consumer paper DEPARTMENT OF THE ARMY r WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U' P.O. BOX 1890 eJ WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 4, 1996 Regulatory Branch Action ID No. 199601388 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Samuel R. Windley for a Department of the Army (DA) permit to place fill material in an existing man-made basin and construct a bulkhead and riprap, on property located off State Road 1769, at Smith Shores on Pungo Creek, near Belhaven, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The riprap will not be positioned farther waterward than 5 feet from the normal water level elevation contour at any point along its alignment. 3. All backfill materials will be obtained from a highground source and confined landward of the permitted riprap. V 4. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters outside of the authorized area. 5. The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. y 6. The fill material will be clean and free of any pollutants except in '\ trace quantities. Metal products, organic materials, or unsightly debris will not be used. RECEivEO ORConS(p996 Vhhj EMENT Questions or comments may be Regulatory Field Office, Regulator extension 23. Copies Furnished: -2- addressed to Mr. Raleigh Bland, Washington y Branch, telephone (919) 975-1616, Sincerely, Raleigh land, P.W.S. Regulatory Project Manager Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers island Beaufort, North Fisheries Service Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 2188 Washington, North Carolina 27889-2188 DEPARTMENT OF THE ARMY ! WILMINGTON DISTRICT, CORPS OF ENGINEERS 1~ [� P.O. BOX 1890 O DEcL1�EQioG 59 WILMINGTON, NORTH CAROLINA 28402-1890 �, `\ A� �7r 1� REPLYTO V�E Q �rw ATTENTON OF r l 1 „aNNG` `! Regulatory Branch c� p I� 9 Action lD. 11 i J � O 13 {� q Applicant �rvlU� �. W iA D Waterway ` D Gf�� County Type Work I Mr. Larry Hardy Mr. John Parker National Marine Fisheries Division of Coastal Management Service, NOAA North Carolina Department of Pivers Island Environment, Health and Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 �Ik..lecr� IYloore H, Regional Office Divisio of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources P.O.. &0 OL% W J I I Pursuant to Action ID No. 198000291, the CAMA-Corps general permitiprocessing agreement, a State Field Investigation Report is enclosed. Y ur comments and/or recommendations would be appreciated on or before �av��2g�19 q 6g�lq q 6 Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh land Regulatory Project Manager Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF February 29, 1996 Regulatory Branch Action ID No. 199601388 Samuel R. Windley 721 Smith Shore Road Belhaven, North Carolina 27810 Dear Mr. Windley: 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 24, 1996, for Department of the Army (DA) authorization to place fill material in an existing man-made basin and construct a bulkhead and riprap, on property located off State Road 1769, at Smith Shores on Pungo Creek, near Belhaven, Beaufort 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. 199601388. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office at telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Regulatory Project Manager Enclosure .0 rO_2-6196,raatAENjAN�'� Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, v 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. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF February 29, 1996CAR6 Regulatory BranchAction ZD No. 199601388Mr. John DorneyDivision of Environmental ManagementNorth 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 Samuel R. Windley for Department of the Army (DA) authorization and a State Water Quality Certification to place fill material in an existing man-made basin and construct a bulkhead and riprap, on property located off State Road 1769, at Smith Shores on Pungo Creek, near Belhaven, Beaufort 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 28, 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 Regulatory Project Manager Enclosure Copies Furnished (without enclosure): John Parker vision of Coastal Management h Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 To: North Carolina Dept of Environment, Health and Natural Resources From: Samuel R Windley 721 Smith Shore Rd Belhaven N C 27810 Subject: Narrative description of bulkhead/fill project Date: 21 February 1996 The project as proposed consist of fortifying an existing segment of bulkhead with additional rocks. A new segment of bulkhead is proposed to close the mouth of an existing man- made basin. This segment will be approximately sixty feet in length. I propose to construct this segment with treated lumber in the normal accepted manor and then to place riprap in front of the wooden bulkhead. The final segment which is approximately seventy four feet in length and is now a wooden bulkhead will be fortified by the addition of riprap. I propose to fill the area of the former man-made basin with dirt. The reason for this project is to stabilize the shoreline in a manor that will be aesthetically pleasing, practical and ecologically safe for many years to come. 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 29, 1996 [UV Ito a[G77.\1`111111 1� �EHNF1 TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Samuel R. Windley PROJECT LOCATION: Off SR1769 at Smith Shores on Pungo Cr., Beaufort Co. PROPOSED PROJECT: To close off and fill in existing manmade basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 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 attnrhm rnmments Date P.O. Box 27687, Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consmer paper MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: David Moye'-O(Y\ DATE: 23 February 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Samuel R. Windley Beaufort County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 22 February 1996. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. State of North Carolina Department of Environment, Health and Natural Resources AJA Division of Coastal Management ti�James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary ID E H N Fit Roger N. Schecter, Director 23 February 1996 Mr. Samuel R. Windley 721 Smith Shore Road Belhaven, North Carolina 27810 Dear Mr. Windley: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1769 at Smith Shores on Pungo Creek near Belhaven in Beaufort County, North Carolina. It was received on 22 February 1996 and appears to be adequate for processing at this time. The projected deadline for making a decision is 7 May 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, David W. Moye Field Representative Division of Coastal Management Washington Regional Office DWM:pdp ENCLOSURE 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-comumer paper NORTH CAROLINA, 741 BEAUFORT COUNTY. THIS DEED, made this 3rd day of March, 1975, by Forrest Lee Smith and wife, Julia DeM. Smith, of the City of Biloxi, State of Miss- issippi, parties of the first part, to Samuel Riddick Windley and wife, Catherine S. Windley, of Beaufort County, North Carolina, parties of the second part; W I T N E S S E T H: That the said parties of the first part, in consideration of Ten 6 No/100 ($10.00) Dollars to them paid by the said parties of the second part, the receipt of which is hereby acknowledged, have bargained and sold • and by these presents do bargain, sell and convey unto the said parties of the second part and their heirs, a tract or parcel of land in the County of Beaufort and State of North Carolina, in Pantego Township, more parti- - '-"U cularly described as follows: ni I BEGINNING at a stake located in the southern margin of that private , road labeled extension of Road No. and shown on that map entitled "ProperC -- - - of Forrest Lee Smith" dated September 29, 1970, by Gene Cox,Registered c ,cv_ 'tii--. Surveyor, where the common boundary between the lands of the grantors and the Hopkins land intersects the boundary of said road; and cunning them i C from said fixed beginning point South 53 degrees .09 minutes West 118 feet with the southern margin of said road to a stake; thence running South 52 degrees 36 minutes West with the southern margin of said road 92.8 feet to a stake; thence cunning South 12 degrees 55 minutes East 195 feet to a stake in tle shore -line of Pungo (seek; thence running Northeastwardly with the shore -line of Pungo Creek 116 feet more or less, to the centerline of a canal; thence running Northeastwardly 97.5 feet more or less with the shore -line of Pungo Creek to a stake; thence running North 10 degrees 00 minutes East 178.8 feet to the point of BEGINNING. The above described tract or parcel of land is all of Lots G and F as shown on the above mentioned map, a copy of which is hereto attached 743 or purposes of description. But this land is conveyed subject to certain restrictions as to the ise thereof running with said land by whomsoever owned until the 31st Jay of September, 2000 A.D. said restrictions, which are expressly assents to by the parties of the second part in accepting this Deed being as follow 1. No "Mobile Homes" or trailers shall be moved onto or allowed to remain on said land. 2. No residence shall be erected or allowed to remain on said lol of which the cost of construction is less than $15,000,00. 3. Said lot shall be used for residential purposes and single family houses only, and not for business, manufacturing, commercial or apartment ho!pse purposes. 4. Invalidation of any of these covenants by judgment or court order shall in nowise affect any other covenant which shall remain in full force and effect. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said parties of the second part and their heirs and assigns forever. And the said parties of the first part do covenant that they are seized of said premises in fee and have the right to convey the same in fee simple; that the same are free from encumbrances; and that they will warrant and defend the said title to the same against the claims of all persons whatsoever. IN TESTIMONY WHEREOF, the said parties of the first part have here- unto set their hands and seals the day and year first above written. (SEAL) Forrest Lee Smith , 0< /, (SEAL) Julia DeM. Smith STATE OF MISSISSIPPI, COUNTY OF HARRISON. I, ✓io WI // u ii,vvv n. i�- aforesaid County and State, no hereby o wife, Julia DeM. Smith, personally appe knowledged the due execution of the fore witness my hand and notarial seal My COMMISSION EXPIRES: lay t02ar$sisa EUIRES 24 OCT. 1075 ['o%#iy, Public of the oA&mNLee!Smith and u1e`ilii �$y and so- . s`r / ,_dai84f March, 1975. FRED SM/TH XTENS/ON OF RORD N. /7r9 smai ShorQ Zd. s52,3e•W 1♦, r K� h �/ ,v :. y i , c/ r+GO CREEK PROPERTY OF _ - FORR£5T LEE SMITH FROM FRED S MITH, 5 R. ANT£G0 7 W,=- SEA UFORT COUNTY,N,C- 9 - Z 9 - /9 70 5C19LE /= 50' Sa 1 UNITED STATES POSTAL SERVICE Official Business �� 'IiLC LU FEB 281996 COASTAL MANAGEMENT Print your name, address and ZIP Code here I l p e r AJ C. 2 7g1U o SENDER: Complete items 1 and/or 2 for additional services. a1 • Complete items 3, and 4a & b. ra • Print your name and address on the reverse of this form so that we can 0 return this card to you. 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