70-96 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

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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 [phone], 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, [phone] 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 [phone]
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 [phone] FAX # [phone]
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 [phone] FAX [phone]
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 [phone] FAX [phone]
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 [phone] FAX [phone]
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 [phone] FAX [phone]
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 [phone] FAX [phone]
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 [phone]
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 [phone] FAX [phone]
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 [phone] FAX [phone]
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 [phone],
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 [phone], 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 [phone], 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 [phone], 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 [phone] FAX [phone]
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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 [phone] FAX [phone]
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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
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UNITED STATES POSTAL SERVICE
Official Business �� 'IiLC LU
FEB 281996
COASTAL
MANAGEMENT
Print your name, address and ZIP Code here
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