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HomeMy WebLinkAbout25-96 White, RobertPermit Class Permit Number NEW 25-96 STATE OF NORTH_CAROLINA Department of EnvironmentHealth & Natural Resources and''='` I Coastal kesoiirces Commission tit a c. L =il �a LIAR 2C 1996 `p for ;tea �i ,. X Major Development' 'an Area,of Eriyi orimental Concern MANAGEMENT pursuant to NCGS X Excavation an or ng puts o NCGS 113-229 Robert D. White, I Nix oaI; Eliz et ' , NC 27909 Issued to authorizing development in Pasquotank Co ty Af Wig' attek, off of SR 1108 south of WRC boat ramp requested in the permittee's ap icati dated 2/4/95 including attached workplan drawings, 1 dated 10/24/95, 1 dated 11/21/95 and 1 d, d eceived 9/21/95 This permit, issued on Z A-2 �9.- 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 shall not extend waterward from the shoreline more than an average of six (6) feet, with a maximum distance not to exceed twenty-five (25) feet in the two eroded pockets, as indicated by points "B" and "F" on the 10/24/95 workplan. 2. The bulkhead alignment must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. (See attached sheet for Additional Conditions) This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. 't.4, G� ger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby of Permittee Robert D. White 3 EI 1.1 7 7 The bulkhead must b( The bulkhead must b through the structure. Permit # 25-96 Page 2 of 3 Is activities. seepage of backfill materials The bulkhead must be solid and cons truc f a d wood, concrete slabs, metal sheet piles, or other suitable materials approv artment personnel. No excavation is permitted, except for that which may be fired for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic material or unsightly debris will not be used. A permanent ground cover sufficient to restrain erosion will be provided on all exposed areas within thirty (30) days following project completion. PIER 8. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facilities. Any sewage discharge at the docking facilities shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 9. The covered platforms shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 10. The authorized structure and associated activity must not cause an unacceptable interference with navigation. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a part of the docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over,public trust waters without permit modification. Robert D. White Permit # 25-96 Page 3 of 3 GENERAL 12. The permittee will main rized work in good condition and in conformance with the terms and co di t�o s s permit. The permittee is not relieved of this requirement if he aband e` pro' without having the permit transferred to a third PAY• NOTE: The Division of Env' Management has authorized the proposed project under General Water Qu ertification No. 3025 (DEM Project No. 951285), which was Is ed . 30/96. NOTE: The U. S. Army Corps oMngineers has assigned the proposed project COE Action ID No. 199601105. Permit Class NEW Issued to STATE OF-NO.RTH-CAROLINA Department of Env ronment; H_ialth & Natural Resources X - 1' I .aYy; r " r ' ii _ Major Developmentin an Aiea,of-Env_tronmental Concern pursuant to NCGS 113A'_1,18. 1, x Excavation and/or filling pursuant to NCGS 113-229 Robert D. White, 1467 Nixonton Road, Elizabeth City, NC 27909 Permit Number 25-96 authorizing development in Pasquotank County at Big Flatty Creek, off of SR 1108 south of WRC boat ramp , as requested in the permittee's application dated 12/4/95 including attached workplan drawings, 1 dated 10/24/95, 1 dated 11/21/95 and 1 dated received 9/21/95 This permit, issued on 2 A'2 hz , 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. The bulkhead shall not extend waterward from the shoreline more than an average of six (6) feet, with a maximum distance not to exceed twenty-five (25) feet in the two eroded pockets, as indicated by points "B" and "F" on the 10/24/95 workplan. The bulkhead alignment must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. A,,- PAger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert D. White ADDITIONAL CONDITIONS The bulkhead must be constructed prior to any backfilling activities. Permit # 25-96 Page 2 of 3 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic material or unsightly debris will not be used. 7. A permanent ground cover sufficient to restrain erosion will be provided on all exposed areas within thirty (30) days following project completion. PIER 8. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facilities. Any sewage discharge at the docking facilities shall be considered a violation of this permit for which the pemrittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 9. The covered platforms shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 10. The authorized structure and associated activity must not cause an unacceptable interference with navigation. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a part of the docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over,public trust waters without permit modification. Permit Class Permit Number ■►ta 2m Issued to STATE Department of Em X Major Devi pursuant to nand' sources Con for, n Area ofE Resources f c �a tvrronmental Concern X Excavation and/or filling pursuant to NCGS 113-229 Robert D. White, 1467 Nixonton Road, Elizabeth City, NC 27909 25-96 authorizing development in Pasquotank County at Big Flatly Creek, off of SR 1108 south of WRC boat ramp , as requested in the permittee's application dated 12/4/95 including attached workplan drawings, 1 dated 10/24/95, 1 dated 11/21/95 and 1 dated received 9/21/95 This permit, issued on Z /.?2 /9-g�r , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. BULKHEAD CONSTRUCTION The bulkhead shall not extend waterward from the shoreline more than an average of six (6) feet, with a maximum distance not to exceed twenty-five (25) feet in the two eroded pockets, as indicated by points "B" and "F" on the 10/24/95 workplan. 2. The bulkhead alignment must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. (See attached sheet for Additional Conditions) This permiiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEI-INR and the Chairman of the Coastal Resources Commission. o�/. �o,- PAger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert D. White ADDITIONAL CONDITIONS The bulkhead must be constructed prior to any backfilling activities. Permit # 25-96 Page 2 of 3 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 6. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 7. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 6. The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic material or unsightly debris will not be used. 7. A permanent ground cover sufficient to restrain erosion will be provided'on all exposed areas within thirty (30) days following project completion. HER 8. No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facilities. Any sewage discharge at the docking facilities shall be considered a violation of this permit for which the pern ittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 9. The covered platforms shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 10. The authorized structure and associated activity must not cause an unacceptable interference with navigation. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a part of the docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in, or over,public trust waters without permit modification. r 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 7, 1999 Regulatory Division Action ID No. 199401238 and State Permit No. 24OW RECEIVED JUN 14 1999 M '11ffi.lV7+ III Rivers Edge COASTAL MANAGEMENT Post Office Box 352 Shallotte, North Carolina 28459-0352 Dear Mr. White: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request for modification of your permit to change the project name from Rock Links to Rivers Edge, change golf course layout and reduce the bulkhead length along the coastal wetlands and delete the vehicular bridge over the wetlands. The Department of the Army permit issued on March 13, 1996 authorized development of the proposed "The Rocks Golf Links", which includes an 18 hole golf course and associated residential development, off of Copas Road (SR 1191), adjacent to.the Shallotte River, in Shallotte, Brunswick County, North Carolina. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified to include the work as shown on the enclosed plan. It is understood that all other conditions of your permit remain applicable and that the expiration date is December 31, 1999. Questions or comments may be addressed to Mr. Jeff Richter, available at telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Division Enclosure Copies Furnished with enclosure: Chief, Source Data Unit NOAA/ National Ocean Survey Attention: Sharon Tear N/CS261 1315 East-West Hwy, Rm 7316 Silver Spring, Maryland 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Net Changes - 1.25 Acres of less wetland impact - Same Mitigation ratio Sp JW /� •, ' �,� tom! ~ i 1' 4 `1 "Golf Course Layout Changes" Legend Thee Rock Golf Links Scale 1" = 1000' Land Management Group, Inc. May 1998 , Notes - All cart paths crossing wetlands will be elevated - Bulkhead alignments will be staked by CAMA - personnel per original permit conditions Existing golf course as permitted Proposed new golf course limits - 404 wetland areas actually filled/excavated (1.21 Ac.) New Entrance Road New created wetlands with littoral shelf (3.1 Ac.) PROVIDE BUFFER TO COPAS ROAD AND POA --� PDA CLUBHOUSE AND RECREATION AREA- 2-6 AC NER VILLE LOkCR VILLAGE PROVIDES OPEN SPACE AND WALKING TRAIL WITH FEATURED AREAS FOR PRIVATE RECREATION v `'�h 'o ��► oap v� MAIN o. o SECUREDENTRY POINTEXIT DEVELOPMENT SERVICE -...TO ■ W/SECURED GATE GOLF MAIN. PACEL--62 AC .- • RIVER'S EDGE r r SCALE 1' = 600' Land Management Group, Inc. November 1998 �PROVID= BUFFER TO EXIST. ROAD DRIVING RANGE _ ,� • • • • -.. MULTI- . PARCE s . MULTI -FAMILY ' • ' • . GOLF PARCEL-9.9 AC r . MULTI -FAMILY— CLUB 4.8 AC 1(MULTI-PAM [LT - AC Form DCM-MP-1 r.. APPLICATION, l `f (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Robert D. White Address 1467 Nixonton Road City Elizabeth City State NC Zip 27909 Day Phone (919) 330-2127 Fax (919) 330-5547 b. Authorized Agent: Name Address City State Zip Fax Day Phone c. Project name (if any) NOTE: Permit will be issued in mme of la do er(s), and/or project mme. 2. LOCATION OF PROPOSED PROJECT a. County Pasquotank b. City, town, community or landmark Weeksville c. Street address or secondary road number Shad Neck Road d. Is proposed work . within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) FLprT'Y CRC[ K 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. Bulkhead, Backfill, 2 Piers b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. I wish to stabilize my my shoreline and make an alignment that will prevent trash from collecting in the corners. Revised 03/95 norm i)t.ivi-Aw-i ..`_t.._)`m. Describe existing wastewater treatment facilities. 4. LAND AND WATER __.._.._ 1 None CHARACTERISTICS a. Size of entire tract 101.23 acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Surface runoff NWL 6,, rn i' d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Fine silt loam County e. Vegetation on tract pine trees , soybeans, yard grass f. Man-made features now on tract Ditches 5. ADDTTIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consult the local lane we plan.) following items must be submitted: X Conservation Transitional A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then N/A forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (None) (Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k.. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Other X If yes, has a delineation been conducted? No (Anach documentation, if available) Revised 03195 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 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 Union Camp Corporation Address Franklin, VA 27851 Phone Attn: Gordon Myers Name NC Wildlife Resources Address 512 N. Salisbury St. Phone Raleigh, NC 27601 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. None • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 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. CER TO ENTER ONID- 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. i This is the � day of OLC , 19 %S . Print Name Rae t D White Signature r or honied Ag-'a Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development x DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. 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 Existing Project Len¢th Width Depth Depth uy. 1. EXCAVATION 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 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 be available for future maintenance? —Yes —No If yes, where? Revised 03/95 rurm u�.+•+-+•+• -� 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 X Bulkhead Riprap b. Length 1100' c. Average distance waterward of MHW or NWL 10, d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months 5' to 10' (source ofinjormadon) Observation f. Type of bulkhead or riprap material Treated lumber g. Amount of fill in cubic yards to be placed below water level (1) Riprap 1469 (2) Bulkhead backfill cubic yards h. Type of fill material Similar soil i. Source of fill material Upland source 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill Will fill material be placed in (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area _ (2) Purpose of fill 5. GENERAL coastal wetlands a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead to be constructed prior to fill placement. Silt fence will be used if needed, ite to be graded and seeded. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe c. Will wetlands be cr,ssed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Robert D. White ■ I s Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number 2 (3) Length 300' / 300' (4) Width 6' / 6' (5) Finger Piers Yes —No (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes _ No (i) Number 2 (ii) Length 20 (iii) Width 20' (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines Greater than 100' (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL a' b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys N/A (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (4) (5) (Color, inscription, size, anchor, etc.) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete desorption) Robert D. White Date Revised 03/95 OVCAI p!n ro PL f1T FO R M ScAle / S nf-L Lun,b -to ro OF P,ecAjqR& n Fole R o bce - &.-,h; SI 1NAluRe , ! DAT- . PIER i'rUM BOTTOM .s G X6 CROSS s 6 CTlo nJ D �('Ac�in� J -1x 8' SHEETING (& ROWS) 12'; t4=0R-i6' LENGTH .7 "' AS REQUIRED TYPICAL BULKHEA SECTION r 5/8' 15' LONG TIE -BACK ROD SEP 2, 11995 1 4'X6"X4' DEADMAN FILTER CLOTH Muse & Layden BuLkheaders, Inc. 517 BODY ROAD ELIZABETH CITY. N. C. 27909 264-3077 232-2063 PILING (8' ON CENTER) 4'X6'X4' 14'. 16' OR 18' LENGTH DEADMAN AS REQUIRED 4"X6'X16' WHALERS � � 111JJ�►_►_a. t►�;.�_�.l;ll i SEP t Pp.,,s-Qu:TFA,�3k Cou "T tic 3uLKMCAD s� 6e �� c -C ::NoTE -Az0' 339' ' . ' • 2D• X Zo 'P��rFo�At�� • �1( _ _. G 'Wina WALKWAY �b 20.,�1 L �i�lSiIIJG, Slitlp_rUu — 037 NOTC,'. 320:' OVEP-ALL ;A PLPrTFo2ir� �. G' WIUC iva �Kwny Wirm 'CoveReb R P State of North Carolina Department of Environment, Health and Natural Resources 1�. Division of Coastal Management �I James B. Hunt, ,Secretary ID FEE N Fit B. Howes, Secrete Roger N. Schecter, Director February 27, 1996 Mr. Robert D. White _ _ 1467 Nixonton Road Elizabeth City, NC 27909 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, Jo R. Parker Jr. � Major Permits Processing Coordinator JRP:jr/amw, Enclosure 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/ 117E post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF March 18, 1996 Regulatory Branch Action ID No. 199601105 and State Permit No. 25-96 Robert D. White 1467 Nixonton Road Elizabeth City, North Carolina 27909 Dear Mr. White: Reference your January 29, 1996, revised application for a Department of the Army (DA) permit to construct a bulkhead and two piers with covered platforms, on your property located off State Road 1108 (Shad Neck Road), adjacent Big Flatty Creek, near Weeksville, Pasquotank 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 Project Manager Regulatory Branch 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 RFc�ivD Division of Environmental Management RECEIVED North Carolina Department of Environment, tet AR 20 1996 Health and Natural Resources Comf& 4401 Reedy Creek Road WAG51ENT 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 Jr lanta, Georgia 30365 . John Parker vision of Coastal Management rth Carolina Department of Environment, Health and Natural Resources st Office Box 27687 Raleigh, North Carolina 27611-7687 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. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Form DCIi-MP=1 1 I`W` 1 o s APPLICATIOT91`:_:`,,.`, Nit (To be completed by all applicants) 1 .Y._ 1- . ------------------- b. City, town, community or landmark Weeksville 1. APPLICANT c. Street address or secondary road number a. Landowner: Shad Neck Road Name Robert D. White Address 1467 Nixonton Road City Elizabeth City State_ NC Zip 27909 Day Phone_(919) 330-2127 Fax (919) 330-5547 b. Authorized Agent: Name Address City Zip Fax State d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pig c'1-p7-rY CRI=L K V 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. Bulkhead, Backfill, 2 Piers Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Project name (if any) NOTEPermit wit! be irxaed in M of lmdo r(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pasquotank c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space. is needed, please attach additional pages. I wish to stabilize my my shoreline and make an alignment that will prevent trash from collecting in the corners. Revised 03/95 Form DLM-MP-1 .f t—%m. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 101.23 acres b. Size of individual lot(s) c. Approximate elevation of tract above MHW -or NWL fi" to 3' d. Soil type(s) and texture(s) of tract Fine silt loam e. Vegetation on tract Pine trees, soybeans, yard grass ;s f. Man-made features now on tract Ditches g. What is the CAMA Land Use Plan land classification of the site? (Cansab the laml land =e plan. j -X _, Conservation Developed Rural Transitional _ Community Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? '•.Yes ' - No - (None) (Attach zoning compliance cerdfi=e, ifappU=hle) j. Has a professional archaeological assessment been done for the tract? Yes X - No If yes, by whom? k._ Is the project located in' a National' Registered Historic Distiicf'%or does it involve 'a National Register listed or eligible'property? _ Yes X - -No 1. Are there wetlands on the site? X Yes No Coastal'(marsh) Other X — If yes, has a --delineation been conducted? No (Attach documen=don, if available) Describe existing wastewater treatment facilities. None 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.) Surface runoff o. Describe existing drinking water supply source. Countv 5. ADDITIONAL'INFORMATION In addition to - the -completed application form, the following items mustba 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 litAeed or other instrument under which the owner claims title, plus written permission from the owner to carryout 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 i V 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-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application.for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed -project. -- - Describe below the purpose of proposed excavation or fill activities. All values to be giveni-in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat , ramp Rock groin..-__ _ Rock breakwater Other - (Excluding Shoreline stabiliution) r Average Final ... .._MdSting ' .Project Length Width Depth Depth NMI . M 1. EXCAVATION 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. Highgrourid excavation in cubic yards_ 2. DISPOSAL OF EXCAVATED MATERIAL 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 d. Will a disposal area be available for future ,maintenance? ._ Yes _ No If yes, where? Revised 03195 Form DCM-MP4 rd STRUCTURES (Cohstruction within Public Trust Areas) i Attach this form4o Joint Application for,CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the`Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community %Private (2) Number 2 -:" '(3) Length 300' / 300' (4) Width 6' / 6' (5) Finger Piers —Yes. =�No (i) Number (ii) Length (iii) Width (6) Platform(s) X Yes _ No (i) Number 2 (ii) Length 20 (iii) Width 20' (7) Number of slips proposed (8) Proximity of structure to adjacent riparian. property lines Greater than 100' b� (9) Width of -water body (10) Water depth at waterward end of pier ate' MLW or NWL '4' S�. b. Boathouse (including covered lifts) N/A 3' (1) Commercial Private (2). Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) ,N A (1) Number (2) Length(s) rg d. Breakwater (e.g. wood, shee�ile, etc.) N/A (1) Length > (2) Average distance,: from MHW, NWL or _ wetlands 'P " -(3) ,Maximum distance beyond-MHW —NWL or - wetlands / - e. Mooring buoys N/A (1) _Commercial Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) r (4) Width of water body (5) Distance` buoy(s) to be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial _Community _ Private (2) /'Number (3)' Length (4) Width Other (Give complete description) Robert D. White Date fq or CAM A - co L!tic P0p�rzT`i 00 b� Jo70 � . 76 -.._— • - .°_.Z z yr'T--__•..- • --- . 8 Q •, poi �.7i, 2J. I PL'f)T F /Vj OP Sjqldjj,� PooF pRC- pt)RK D FOR RO bee I 511111,4 OAT-,C,* 1 4-6 ------- ,BOTTOM CROSS - 5 r C T-/c, /i D -f 4 lom) c j aY ry wom,#C. s I ALL LtJAIb elC January 29, 1996 Mr. Raleigh Bland Washington Regulatory Field Office P. 0. Box 1000 Washington, NC 27889-1000 Dear Mr. Bland: In response to your letter M9601105 dated January 17, 1996 I have reviewed my project located off'State Road 1108 (Shad Neck Road), adjacent Big Flatty Creek, Pasquotank. County, North Carolina with the intention -of reducing the area of fill in Public Trust Waters. While I feel I.can bring the proposed bulkhead alignment 4.6 feet closer to shore without creating more angled trash trapping areas, I will still have an extreme maximum distance from shore of 24.4 feet in one scoured area. I would like to remind you of the length of the bulkhead (1065 ft.) when considering this project. The filling of .26 acre of Public Trust Waters is a large amount as a single project however, ten lot owners, each owning 106.5 feet would. be asking to fill .02 acres which doesn't seem so great an impact.. I will agree to move the bulkhead alignment in to a 6 foot average and a maximum distance from shore of 24.4 ft. with .15 acre of Public Trust being filled, if I can get thf-permit. Robert D. White REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 February 16, 1996 Action ID No. 199601105 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 Robert D. White for a Department of the Army (DA) permit to construct a bulkhead and two piers with covered platforms, on his property located off State Road 1108 (Shad Neck Road), adjacent Big Flatty Creek, near Weeksville, Pasquotank 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. The bulkhead will not be positioned farther waterward than 25-feet from the normal water level elevation contour at any point along its alignment, and will average 6-feet from the normal water level. 2. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 3. No vegetated wetlands will be excavated or filled. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7. The authorized structure and associated activity will not cause an unacceptable interference with navigation. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, RaleiiBland Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Tn14 REPLY TO ATTENTION OF Regulatory Branch 212.20.1956 16:24 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA28402-1890 February 16, 1998 Action ID No. 199601105 Mr. John Parker Division of coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office $ox 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Robert D. White for a Department of the Army (DA) permit to construct a bulkhead and two piers with covered platforms, on his property located off State Road 1108 (Shad Neck. Road), adjacent Big Flatty Creek, near Weeksville, Pasquotank 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 dondition(s) be included in the State authorization: I. -The bulkhead will not be positioned farther waterward than 25-feet from the normal water level elevation contour at any point along its alignment, and will average 6-feet from the normal water level. 2. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 3. No vegetated wetlands will be excavated or filled. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated, wetlands is not authorized. S. The fill material will be clear. and free of any pollut.r.t' -xcept in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. The permittee will maintain the authorized work in good condition and in conformance with the Lerms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7- Th„ authorized structure and associated activity will not cause an unacceptabl- interference with navigation. F.n2 —FP Ort iJPSH 111670N 02.20.1"E, 16: 25 P.07 _2_ Questions or comments may be addressed to Mr_ Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-i616, extension 23. Sincerely, Raleig Bland Proj Oct Manager Copies Furnished: Mr. John Dorney Water Quality Section ,. Division of Environmental Management North Carolina Department of Environment, s Health, and Natural Resources 4401 Reedy Creek. Road k; Raleigh, North Carolina 27607 Ms. L. X. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement r: Post Office Box 33726 Raleigh, North Carolina 27636-3726 €` Mr. Larry Hardy ).. National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief; Wetlands Regulatory Section - Region IV Wetlands, Oceans and 'Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 y = UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration dr NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721Executive Center Drive North St. Petersburg, Florida 33702 January 9, 1996 Colonel Robert J. Sperberg District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Raleigh Bland Dear Colonel Sperberg: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199601105(GP) dated December 15, 1995. The applicant, Mr. Robert D. White, proposes to construct two piers and a bulkhead and place fill material in the waters of Big Flatty Creek, Pasquotank County, North Carolina. The proposed project consists of the construction of 1,065-linear feet of bulkhead aligned an average of 10.6 feet and a maximum of 29 feet waterward of the normal high water line (NHW). Approximately 1,469-cubic yards of fill material from an upland source would be placed landward of the bulkhead. Two 300-foot-long by 6-foot-wide piers are also proposed. The purpose of the work is to stabilize the applicant's shoreline and provide water access. Based on our knowledge of the project area and coordination with the North Carolina Division of Marine Fisheries, (NCDMF) we have determined that the waters of Big Flatty Creek provide important feeding habitat and a refuge from predators for juveniles of a variety of commercially and recreationally important fishery resources.l According to the NCDMF, fishes found in the area include anadromous and estuarine dependent species such as blueback herring (Alosa aestivalis), alewife (Alosa pseudoharengus), striped bass (Morone saxatilis), spot (Leiostomus xanthurus), Atlantic croaker (Micropogonias undulatus), and weakfish (Cynoscion regalis). Therefore, we are concerned that construction of the bulkhead, as proposed, will be detrimental to these resources due to the loss of 0.26 acre of this important fish habitat. 1Epperly, S.P. and S.W. Ross. 1986. Characterization of the North Carolina Pamlico -Albemarle Estuarine Complex. NOAA Technical Memorandum NMFS-SEFC-175.�°""° o QJ e S £ ® Primed un Re( , led 11:gxr `�s„ Since the project site is located in protected waters of Big Flatty Creek, shoreline erosion is limited. Therefore, we believe that the proposed bulkhead alignment is excessive and will result in an unacceptable loss of shallow water habitat. Accordingly, we recommend that federal authorization for this work not be granted unless the proposed bulkhead is realigned so as not to exceed five- feet-waterward of the NHW ling at any point along it's alignment. This modification will minimize the loss of fishery habitat associated with this work. We do not object to the proposed pier construction. We appreciate the opportunity to provide these comments. irector Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SE02 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF January 17, 1996 Regulatory Branch Action ID No. 199601105 FAikUt. D Wbyte 1467Nlx8nion Road Elizabeth City, North Carolina 27909 Dear Mr. White: On December 15, 1995, you applied for Department of the Army (DA) authorization to construct a bulkhead and two piers with covered platforms, on your property located off State Road 1108 (Shad Neck Road), adjacent Big Flatty Creek, near Weeksville, Pasquotank County, North Carolina. After review of your proposal, the National Marine Fisheries Service recommended modification of your application by letter dated January 9, 1996 (copy enclosed). These recommendations are due to anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or to rebut any and all objections before a final decision is made.. In this regard, I would appreciate being made aware of your intentions, in writing, on or before January 31, 1996. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, �&-4 Raleigh Bland Project Manager Regulatory Branch Enclosure Copies Furnished (without enclosure): /Mr. John Parker Division of Coastal Management v North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 -2- Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement 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, N.E. Atlanta, Georgia 30365 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 19, 1995 Regulatory Branch Action ID No. 199601105 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Robert D. White for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and two piers with covered platforms, on his property located off State Road 1108 (Shad Neck Road), adjacent Big Flatty Creek, near Weeksville, Pasquotank County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(1i) 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 February 13, 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, Raleig Bland Project Manager Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management ✓North Carolina Department of Environment, Health and Natural,Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 �pN��EMEN DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO II�� QQUT` ATTENTION OF DGLe6y 1�t 11 1�J Regulatory Branch Action ID.. 19 1 L GI I I O S Applicant Waterway VIQ TICAV Cr1?2V County L Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 !!M 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 W. n GII I Regional Office Division of Coa tal Management North Carolina Department of Environment, Health and 1— aura Res ( lUfce%.iL C IZ CI Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comme/p�ntsJJ and/or recommendations would be appreciated on or before �� I b Questions or comments may be addressed to Regulatory Branch, Field Office, telephone �� — Sincerely, �►'G. Wayae Wright � Chief, Regulatory Branch , Enclosure Pri W M. ROC+rbd Peps 91 C) DIVISION OF COASTAL MANAGEMENT i�p II APPLICATION TRANSMITTAL/PROCESSING RECORIZ RECEtV co OEC 14 1995 APPLICANT: Robert D. White COUNTY: Pasquotank WASTAL MANAGEMENT LOCATION OF PROJECT: Off SR 1108, Weeksville, Big Flatty Creek r DATE APPLICATION RECEIVED COMPLETE BY FIELD: December 12, 1995 `9 S FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Jennings DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: /aj/i/96' ZI-0 DATE APPLICATION RECEIVED IN RALEIGH: PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: Ll ri f l✓ FEE REC'D: $ 2 Sv END OF NOTICE DATE: / - / - 96 DEED REC'D: l/ APPLICATION ASSIGNED TO: ON: s-6—• 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: `� �� 6 Q �^ STATE DUE DATE: �- �p - 9� FEDERAL DUE DATE: FED. COMMENTS REC'D: a"20-9C PERMIT FINAL ACTION: ISSUE DENY _ DRAFT ON - --?D - ,, AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office , / Div. of Community Assistance / z .� Z �7J L Land Quality Section r 2-- Z Z "t 5 v t-H Div. of Env. Management 2 State Property Office , _ 1 6 �9 Div. of Archives & History — Z Z —`%6, ✓ Div. of Env. Health — 2 -C Div. of Highways /t j2-9 Wildlife Resources Commission � .. 2 �' �j�/ Div. of Water Resources _ Z9 - ti / V Div. of Marine Fisheries I - Y State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management _ JoHunt, Jr., Governor p E H N FR Jonathan n B. Howes, Secretary Roger N, Schecter, Director MEMORANDUM: ,AN P6ht TO: John R. Parker MpNP�+' FROM: Frank A. Jennings, III>l SUBJECT: Rite Major Permit Application Recommendations DATE: January 2, 1996 t I recommend the above application be approved with the following conditions: 1. The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 2. The bulkhead must be constructed prior to any backfilling activities. 3. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 4. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5. 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. 6. All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper John R. Parker January 2, 1996 Page Two 7. All fill material to be placed below normal water level will be confined behind the permitted bulkhead. 8. The backfill material will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John R. Parker FROM: Frank A. Jennings, III T"1/ IDEHNFR RECEIVED JAN 411996 GWW iAl MANAGEMENT SUBJECT: Robert D. White Major Permit Application Land Use Plan Consistency Review DATE: January 2, 1996 This proposal involves the construction of 1,100 ft. of bulkhead and backfilling 11,329.5 square feet of public trust/estuarine waters and constructing two 300' x 6' piers, each with a 20' x 20' covered platform on a site in Pasquotank County. The County places all CAMA AEC's in the Conservation land class of its land use plan and indicates that all uses that can be permitted by CAMA in such Conservation classed lands are acceptable to the County. This reliance by the County on applicable state and federal permitting authorities is a theme echoed throughout the County's land use plan. Based on the above, so long as this proposal is found to satisfy CAMA requirements, it will be consistent with the Pasquotank County land use plan. 1367 U.S. 17 South. Eltzabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director December 12, 1995 r-a ...: ,1- 1,: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries Ar*'A' AAWft4AE00W&QkM0P=JFA DEHNR FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review ✓qN1996 '"Whir Applicant: WWt D..,_MWMoe Project Location: Off SR 1108, Weeksville, Big Flatty Creek, Pasquotank County Proposed Project: Construct 1100' of bulkhead and backfill 11,329.5 sq. ft. of public trust/estuarine waters and construct two 300' x 6' piers each with a 20' x 20' covered platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 2, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (919) 264-3901. when appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the fIattached comments. ) p Signecd..^r` "C+��t��^^Date 1367 U.S. 17 South, Elizabeth City, North CaroAra 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afllrmcrhve Actlon Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director /� L �EHNR TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Maury Wolff, Permit Coordinator MM-- ll FROM: Sara E. Winslow, Biologist Supervisor' / SUBJECT: Robert D. White Project DATE: December 19, 1995 The following comments by the North Carolina Division of Marine Fisheries are provided pursuant to General Statute 113-131. Big Flatly Creek functions as a spawning and nursery area for blueback herring and alewife. The creek also serves as a nursery area for spot, croaker, white perch, yellow perch, catfishes and other commercially and recreationally important species. This agency is concerned with the loss of 11,329 square feet of shallow water habitat. The proposed average distance from shore is 10.6 feet for the bulkhead with a maximum of 29 feet. According to the application the shoreline erosion during the past 12 months has been 5-10 ft. Due to the location of the property along the creek this is difficult to believe. [This agency recommends that the alignment of the bulkhead be moved closer to the NWL.� This will result in less shallow water habitat being lost. P.O. Box 769, Morehead City, North Carolina 28557.0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 4 ,P1 ,. 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 December 19, 1995 IUri 013 �]'7_\►I` IllliSl TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Robert D. White PROJECT LOCATION: Off SR1108 South of WRC boatramp, Pasquotank Co. ROPOSED PROJECT: To construct bulkhead and backfill. Please indicate below your agency's position or viewpoint on the proposed and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the /�` attached comments. Signed/ JA .. W" Date l - 1oogtR CAt>Si*,� & rt;i 6r, NC,Wi�l 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 ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: 03NWilliam Wescott, Coastal Coordinator Habitat Conservation Section DATE: January 18, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for R@btWVV wife, Big Flatty Creek, Pasquotank County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. In order to further assess project impacts on fish and wildlife resources, an onsite inspection was conducted on January 4, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct two piers, and bulkhead and backfill along the shoreline. The proposed bulkhead will be 1100 ft. in length and extend an average of 10.6 ft. from shore with a maximum distance of 29 ft. Additionally, the applicant proposes to construct two identical 6 ft. x 300 ft. piers each with a 20 ft. x 20 ft. covered platform. Total length of the pier and platform will be 321 ft. As proposed the project will result in the loss of approximately 11,329 square feet of shallow water habitat. Construction of the two piers will shade approximately 4,568 square feet of Public Trust Waters and Estuarine Waters. The applicant proposes to bulkhead and backfill to control shoreline erosion. The project site consists of shallow water habitat that may serve as nursery areas for numerous species of estuarine fish. As proposed, we find the project inconsistent with our Policies and Guidelines for Conservation of Wetland and Aquatic Habitats; however, we will not oppose permit issuance if the project is modified as follows: Robert White 2 January 18, 1996 1. The bulkhead is constructed along the existing shoreline at a distance no further than 5 feet waterward of the normal water line (NWL). 2. As the Wildlife Resources Commission is responsible for boating safety and enforcement of boating regulations (G.S. 75A-1 et seq.), we believe that structures with potential for creating navigational hazards should be clearly marked. Although the proposed pier may not represent a hazard for large vessels, small recreational boats and some commercial vessels can navigate in waters at the project site as indicated in the application. Regardless of pier length, the permit should require permanent lighting or reflectors on the pier so as to make it visible during hours of darkness or inclement weather. Bulkheads used on the project site will destroy the existing shallow water/shoreline habitat, adversely affecting fisheries and wildlife resources. Additionally, extensive bulkhead structures do not presently exist on Big Flatty Creek. To stabilize the existing banks we prefer the use of rock rip rap. Sloped rip rap will help control erosion while providing interspacial habitat for estuarine organisms. If rip rap is used, a footer trench should be dug to prevent undercutting. We appreciate the opportunity to provide input into this permit application review. If you need further information on these comments, please contact Chad Thomas, District 1 Fisheries Biologist at (919)335-4961. State of North Carolina q 5 28 Department of Environment, I IV Health and Natural Resources • Division of Coastal Management RECEIVED James B. Hunt, Jr., Governor DEC 1 8 19g5 [D H N FR Jonathan B. Howes, Secretary ENVIRONMENTALSCIENCES G Roger N. Schecter, DirectorRECE _._ WASH NGTON OFFICE DEC 15 1995 December 12, 1995 ;1 ,.r,, • ' M , rT TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: e Project Location: Off SR 1108, Weeksville, Big Flatty Creek, Pasquotank County Proposed Project: Construct 1100' of bulkhead and backfill 11,329.5 sq. ft. of public trust/estuarine waters and construct two 300' x 6' piers each with a 20' x 20' covered platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 2, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY rV 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 attached comments. Signed to the project for reasons described in the Date _23' L 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Af unative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources LT�• IT Division of Environmental Management A&4�r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E H N F A. Preston Howard, Jr., P.E., Director January 30, 1996 Pasquotank County DEM Project # 951285 APPROVAL of 401 Water Quality Certification Mr. Robert White 1467 Nixonton Road Elizabeth City, NC 27909 White: You have our approval to place fill material in 11,329 square feet of waters for the purpose of installing a bulkhead with back fill at SR 1108, as you described in your application dated 27 December 1995 . After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nurti1111M. 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 ony of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days d the date that you receive this leueeM 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, gon2owa4r-l Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files John Parker; DCM 951285.1tr 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/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 December 20, 1995 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries �EHNR /�&o Lr L la -a -9s FROM: John Parker g ►aJ L(!1� Major Permits Processing Coordinator � J lT�f �� ✓��? AN l EQ SUBJECT: CAMA/Dredge and Fill Permit Application Review 6' /996 _ N /44,r cc APPLICANT: R mfNT PROJECT LOCATION: Off SR1108 South of WRC boatramp, Pasquotank . S V PROPOSED PROJECT: To construct bulkhead and backfill, etc. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY �i�There are no known public trust conflicts with the project location or zesigft- There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed Date 16 P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 60% recycled/ 1 o% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director WASH NGTON OFplCE DEC 15 1995 December 12, 1995 Q E. AL t MEMORANDUM TO: Mr. Charles Gardner, Director Division Of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robe+'— ^ Project Location: Off SR 1108, Weeksville, Big Flatty Creek, Pasquotank County Proposed Project: Construct 1100' of bulkhead and backfill 11,329.5 sq. ft. of public trust/estuarine waters and construct two 300' x 6' piers each with a 20' x 20' covered platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 2, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY T is agency has no objection to the project as proposed. AWW This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attac ents. 17 signed Date v 4' 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper FT State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director L IDEHNFR WASHINGTON OFFICE DEC 1 51995 aEla December 12, 1995 MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert D. White Project Location: Off SR 1108, Weeksville, Big Flatty Creek, Pasquotank County Proposed Project: Construct 1100' of bulkhead and backfill 11,329.5 sq. ft. of public trust/estuarine waters and construct two 300' x 6' piers each with a 20' x 20' covered platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 2, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. - This agency has no comment on the proposed project. Signed This ag c approves of the project only if the recommended changes are in36orpota%Qd. See attached. project for Date n the 1367 U.S. 17 South, Elizabeth city. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AftlrmatNe 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 December 19, 1995 MEMORANDUM 37 E:)FEE HNR TO: Mr. Larry R. Goode, Phd., P.E. Highway, Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator RECEIVEO JAN 12 1996 GwaiAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: A&WOMPIOrhite PROJECT LOCATION: Off SR1108 South of WRC boatramp, Pasquotank Co. PROPOSED PROJECT: To construct bulkhead and backfill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. _ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attach co ents. Signed (�7 Date % - P.O. Box 27687. Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer paper -. I 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 December 19, 1995 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History ALT XM *A �EHNR FROM: John Parker, Jr. Major Permits Processing Coordinator PuCIVE0 JAN 23 iy96 MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Ro1,raM�Al�te PROJECT LOCATION: Off SR1108 South of WRC boatramp, Pasquotank Co. PROPOSED PROJECT: To construct a bulkhead and fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY a� 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 Date _4Z4J P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity AffamdWe Action Employer 50%recycled/ 10%post-consumer paper F.3 4j I • i State oflr Depart 1 Health r Division of c 1 Carolina )f Environment, atural Resources tal Management James B. Hunt, Jr., Governo _ Jonathan B. How V�c eVr� D Roger N. Sgh Ullec�or CC''�� OEL' i �• - MEMORANDUM i0 FROM UBJECT qIV. � ENViRBiJMEtv�rl };ALiH December 12, 1995 Ms- Patti Fowler Shellfish Sanitation Section JOhn R. Parker, Jr. Major Permits Processing Coordinator 1� 1DEEHNFZ CAMP./DREDGE & FILL Permit Application Review SH£LCFISHSAI'l;�gTIONBPA,VCy Applicant: JOyNPROb. white ?rojec-_ Location: Off SR 1108, Weeksville, Big Flatty Creek, Pasquotank Count., Proposed PLOject: Construct 1100' of bulkhead and baekfill 11 3'' sq. ft. of -ubllc trust 'estuarine waters and construct two 3rD, pigs each with a covered 201 x 20' pla-__form. Please indicate below your agency's position or viewpoint on the proposed orejsct and return this Form by January 2, 1996. If you have any questicns regarding the proposed croject, please contact Frank A. Jennings: III at (919) 264-3901. F3en apprcpriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. �E X This agency has no comment on the proposed project. This agency approves of the project only if the recommended chan3es are incorporated. See attached. This agency objects to the project for raascne described in t:le attached comments. Signed Date Date 1367 U.S. 17 South, Eltzabeth Cly, North Carollro 2Telephone 919-260-3901 FAX 91 a-264.3723 Ar `equal Orrorrunity Affrmotvw Acflor, 50%rscyclad: 10% pOs*•crxuurc®r -,opor 1W 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 December 19, 1995 MEMORANDUM E3I- F1 TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator 23 224 w SUBJECT: CAMA/DREDGE & FILL Permit Application Review 'oy� q APPLICANT: N ,996 PROJECT LOCATION: Off SR1108 South of WRC boatramp, Pasquotank PROPOSED PROJECT: To construct bulkhead and backfill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. am 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 —�—� 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 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 December 19, 1995 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources rr � E:)EHIVFR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Robert D. White PROJECT LOCATION: Off SR1108 South of WRC boatramp, Pasquotank Co. PROPOSED PROJECT: To construct bulkhead and backfill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 1995. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY Signed This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Date / f f 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 FROM WNSHINGTO14 02.21.149E 10: 34 F.u2 Mr. Raleigh Bland Washington Regulatory Field Office P. 0. Box 1000 Washington, NC 27889-1000 Dear Mr. Bland: January 29, 1996 1 In response to your letter #199601105 dated January 17, 19961 have reviewed my project located off State Road 1108 (Shad Neck Road), adjacent Big Flatly Creek, Pasquotank County, North Carolina with the intention of reducing the area of fill in Public Trust Waters. . While I feel I can bring the proposed bulkhead alignment 4,6 feet closer to shore without creating more angled trash trapping areas, I will still have an extreme maximum distance from shore of 24.4 feet in one scoured area. I would like to remind you of the length of the bulkhead (1065 ft.) when considering this project. The filling of .26 acre of Public 'Trust Waters is a large amount as a single project; however, ten lot owners, each owning 106.5 feet world be asking to fill .02 acres which doesn't seem so great an impact. I will agree to move the bulkhead alignment in to a 6 foot average and a maximum distance from shore of 24.4 ft, with .15 acre of Public Trust being filled, if I can get the permit. Robert D. White • r State of North Carolina ITU Department of Environment, LTWA Health and Natural Resources o Division of Coastal Management James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director December 12, 1995 Mr. Robert White 1467 Nixonton Road Elizabeth City, NC 27909 Dear Mr. White: The Division of Coastal Management hereby acknowledges -receipt of your application for State approval for development of your property located off SR 1108 south of WRC boatramp on Big Flatly Creek, Weeksville, Pasquotank County. It was received on December 12, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is i111111111hary 25, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the properly of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Atflrmative Action Employer 50% recycled/ 10% post -consumer paper December 12, 1995 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, (7 Frank A. Jennings, III Field Representative I FAJ/dc Enclosure cc: John Parker Richard L. Watts r I Munroe Jones CERwwD MAM Supervisor, Tuscarora-Nansemend Forest RETURN RCCEIPT RE QUESTED OFF: RT. 3, BOX 44 Dear Union .Camp gorporation AHOSKIE, NC 27910 TELEPHONE:19191398-5000 (RIPARIAN LANDOWNRIPS NAME) --- - — —_ _ This letter Is to notify you as an adjacent riparian landowner of Mr./Mrs. Mr. Robert D White plans to construct Bulkhead, Platform, 2 Piers (YOUR NAME) (YOUR CONSTRUCTION PLANS) on their property, Shad Neck Road on Big Flatty (EXACT LOCATION OF PROPERTY) in Elizabeth City, Pasquotank county The sketch on the reverse side accurately m SENDER y I alsor wish to receive ahe m a _ followm9 services (for an �eztra y • Complete rtemi� nd/or 2 for addiuonal services. Y -- _ 2_ 1 0 • .Complete Items 3, end 4a & b-. fee) rc • Pdnt Your name and address on the reverse of this form so that we can m rebid'this card to you ailpieea, or on the iD • Attach this form t6,the front of the mEack i does not Permit {'.. onthe mailpiece below dh@ea m • Write --Return Receipt Requested"rt « he Return ReeelpL wllL show to whom the article was delivered.! R d_ ivered. - ..' yo : 'Amble Addressed to: 0 rr - 'C.. m `Corporation A. a Union }Camp E. to FrankliniJ'wirginia 23851. O1" cc Q Q - ZI 5.' Signature (Addressee)/ / space.-•. ^� 1 �,Atldressee :le number. -'I. 2. ❑ Restricted F Article Number _ z'l•188 501 845 " ❑ Registered [I Insured ZMertified ❑ COD Return Re ❑ Express Mail 0 Marchand 7. Date of Delivery •-6 . fee is paid) arena in �k the statement below, sign " ' S Robert D White ery Be. to 1 (YOUR NARIE AND ADDRESS) I E I «I ` s r written comments to N.C. 3e for 5 (City, Nc 27909.. Written ;e ' 0 1, requested terpreted as no objections. I Sincerelv. 811, December 1991 aus.G eea asxat4 I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed i comments. 7A)/95 (DA SCAUD CONSTRUCTION DRAWING M1 2 SENDER: ^yr Complete items 1 end/or 2 for additional services. • Complete items 3, and 4a & b. 0 • Print your name and address on the reverse of this form so that we can 0 .return this card to you. O • Attach this farm to the front of the mailpiece, or on the back if space does not permit. m rite "Return Receipt Requested" on the me ilpiece below the article number L e Return Receipt will show to whom the article was tlelivered and the ate G delia red. 4a. An 9 3. rticle Addressed to: O Z o N C Wildlife 4b. Se I also wish to receive the following services (for an extra fee): 1, ❑ Addressee's Address 2. ❑ Restricted Delivery M. a c Attention: Gordon Myers ❑ Registered 0 512 North Salisbury Street Certified y ❑ Express Mail ,Archdale Building ° 7. Dal ° Raleigh NC 27604-1188 ! a 5. Signature (Addressee) 8. Ads am F 6. nature (Agent) . o > PS orm 3 11, December 1991 a PO: 1aa2-32a 402 a 60 1 ❑ Insured ❑ COD ❑ Return Receip for of Delivery �- ---Il -s� ; see's Address (Only if l ee is paid) (SCA RETURN I CERTII+ lE1) MAIL RETURN RUCLIPT RII;Q + TED D&Ii State;Of NoAh.•Caro7ina (RIPARIAN LANDOWNBII'IS NAME) This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. Mr _ Robert D White plans to construct F3 it khaad (YOUR NAME) (YOUR CONSTRUCTION PLANS) in (Ci7'YICOIJNTY) depicts the proposed construction. on their property, Shad Neck Road an Big Flatty (EXAM LOCATION OP PROPERTY) The sketch on the reverse side accurately Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Rebr�: P WqJr4 t;e 1467 Nixonton Road (919-330-4190) Work (YOUR NAIIIEANDAjbDRESS) Elizabeth City, NC 27909(919-26a a;bPa) possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coyskal Management, 1367 US 17 South, Elizabeth City, Nc 27909.; Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sin erely, 1 have no objections to the project as presently proposed an hereby waive that tight of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LAN WNER SIGNATURE) / / w e� tifea7(a rj CP l I � a S - L ,A_,,,�.....d �,,,i,�,•-ate (DATE) ; ;i HrI Ui , U n r •. f ROBERT D WHITE 1467 NI%ONTON ROAD ELIZABETH CITY, NC 27909 MAY 25, 1995 DEAR MR MYERS: PER OUR CONVERSATION MONDAY MAY 22, 1995 PLEASE FIND ENCLOSED THE FORM NECESSARY FOR ROBERT D WHITE TO BULKHEAD ON HIS PROPERTY LOCATED ON SHAD NECK ROAD. I HAVE ENCLOSED THE ONLY MAP I HAVE AVAILABLE FOR THE PROPOSED WORK. 'IF ANYTHING ELSE IS NECESSARY PLEASE CALL ME AT 919-330-2127. THANKS IN ADVANCE FOR HELPING ME GET THIS STRAIGHT. /JWH ENCLOSURES2 J SINCERELY,,q��, JANICE W. HARRIS r '(Ind ej P:;g The property hereinabove described was acquired by Grantor by instrument recorded in ....Deed,,,Book 278„�n,,,Pagg ........... 38.4...... Pas...q.uotank . . County Public Registry ................... Map A map showing the above described property is recorded bXxFje(t Book..........2........................ page...... 123............ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and . defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: EASEMENTS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD, IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed In Its corporate name by its duly authorized officers and Its seal to be hereunto affixed by authority of Its Hoartl oTors , the day and year Ilnt above written. __________ py <_ lies n / n _________________ SEAL ----- (Corporate Name i•+ L. A. HARRIS R. (SEAL) p ) r DY: •�, ____r.¢__ ____________________(SEAL) ----------------------------President .+ BESSIE M. HARRIS ATTEST: V •�_------------------------------------------------------------- (SEAL) ----------------------------------------------------------- ----------:•---��----------- Secretary (Corporate Seal) W aV, `` AL y'' ? 'S9.TA7 Un'•i• NORTH CAROLINA, Pas llOtaflK county. ✓':1 ""r •' G I, a Notary Public of the Count and State aforesaid, certify that L �A.__RarriS_y_.Ir_, r y ------------------ .� �.��,.:�� " "• � ra � ��y^) personally appeared before ma this day and acknowledged the execution of the foregoing Instrument Witness my �' >'. ram. •;l(.,.�.O,L;i: ' " •;a • c '' •; m hand and official slam or seal, this _ dayof _Se. IS S14 ..t•.:..,✓r• " MY commission expires: ��t ifi_Cl✓7_/______ _ ((i2'L( ^�-------- Notary Public I NORTH CAROLINA- ----- Pasquotaa K______________County, 1, a Notary Public of the County and State aforesaid, certify that _ _Bessie_M.._$arLis__________, .'m, personally came before me Lh15 day and acknowledgedX XXXXXX7the X(pyx1Xg&X7GXgFXXX-X]FX3EXof the dFX}@IR�gmxoAxx "4 -.instrument. ------------------------------------------------- ----xx7t3ext8)Fk9eflXxsex�7ex9EStxxx$*hPk$?kR9F$4FiE#7f!Sfiixxx Witness my hand and official stamp or seal, this of ----- September ------ --• Notary Public The foregoing Certificate(s) of __LotLrP-nda_G._-Gad£rey_,_a__Natar_y_xub-l.ic _ Qax0-1J.laa sq_.of--PauoGaxlk-County-r--No-rt-h----------- ------------------------------------- ----------------- -- -- 170333,certlfled to be correct. This Instrument and this certificate are duly registered at the date and time and In the Hook and Page shown on the first Wge hereof. - - -- ------ ----------------- REGISTER OF DEEDS FOR___ Z45L11lOtallk------------------ CODNTY DY _____ ______________________________Deputy/ArrtaMnt-Register of Deeds I N.C. Bar Assn. Form No. 3 0 1976, Revised 1977 Printed by Agreement with the N.C. Bar Assn. Poole Printing Co, Inc. P.O. Box 58487, Raleigh, N.C. 27658 PO-94; b `b, "1 PAGE 9-1 PAS9UOTHHK CHTY 09-21-94 99 �9v 300.00 STATE (] TH (�oRpLINA (,IAA Real Estate Excise Tax Excise Tax 300.00 Filed: Pasquotank County, NC Date: September �1, 1994 Time: 12:28 PM Book: 567 Page: 91 7rnvt 1 19nZl t Recording Time, Book and Page Tax. Lot No........................................................................................... Parcel Identifier No...................................:....................................... Verifiedby....................................................................... County on the ................ day of ......................................................... 19............ by.............................................................................................................................................................................................................................. Mailafter recording to...................................................................................................................................................................................... .................................................................................................................................................................................................................................... This instrument was prepared by ..................... Edward..A....O.'.Neal.......................................................................................................... Brief description for the Index I NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....ls�.. day of ...........September 19 94 by and between GRANTOR L. A. HARRIS, JR., and wife, BESSIE M. HARRIS DEED W. �Qlr lam!. ��✓�^1.��_ I'.I^r,IJLlIi?fJn C.O. !?I' GRANTEE R O B E RT ,,.P ;.,:,WHIT E 1467"Nixonton Road Elizabeth City, NC 27909 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular; plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ..:.............. ....... ............ .................. I .......I..... Salem ..................... Township, ... ........ ....Pasquotank.... :.. . County, North Carolina and more particularly described as follows: That certain tract or parcel of land described on Exhibit A attached hereto and incorporated herein by reference.. N.C. Bar Assoc. Form No. ] @ 1976. Revised 1977. 'Piinmd by M,nmmLith the N C au N,a.•rorl. I iiAHSI'Lk I A?. CUl.,; FY lA.i EXHIBIT A BEGINNING at a culvert and in the center of the Shad Neck Road and nch an running thence with t he ditch, South 89 deg. Eastl2Zabeth vland,erton long a chainsoNorth 62degaEastlb7achainsa North 67 deg. East 2.34 chains, North 61 deg.. 30 min. East 1.94 chains, North 32 deg. East 2.0 chains, North 44 deg. East 1.53 chains, and North 65 deg. East 9.73 chains to a point at a corner at a ditch; thence with the Riley Overton land and long atditce ch South 27 deg. 30 min. East 29.20 chains to a pipe, with the line of H. S. Hoffler & Sons Lumber Company along a newly made line South 66 deg. 30 min.cWest 18.55 chains, South 65 deg. 30 min. West 3.00 chains to a point on a path or lane leading from the aforesaid Shad Neck Road through the land hereby conveyed; thence South 65 deg. 30 min. West 7.44a corner, thence �chains to a point a corner; thence W North 23 deg. 15 min est 6.4. hains " a p 15 min. West 10 North 67 deg. West 5.10 chains and North 87 deg. thence chains to a point on the edge of Big Flatty Creek; continuing the same course into said Creek as far as the law allows; thence along said Creek and its various meanderifor thisngs,inlandna general Northerly direction, to a point, for the Isiah Blount land; thence with said Blount land North 86 deg. East 1.40 chains, North 7deg. 30 min. East .6in chains, inSha,Nand 9 North 77 deg. 30 min. East 9.73 chains to a point Road; thence along said Shad Neck Roadcut11101eg 3 d. acres as st 1.94 chains to the POINT OF BEGINNING, containing delineated on a certain survey entitled in part "Robert E. Sutton and wife, Laura Monds Sutton, Grandy Farm" dated February ofrec 5,in961, Map prepared by123 JPasuuotankRegistered County PublicSurveyor, Registry. Book 2, Page, q There is excepted from the aforesaid land a parcel containing 6.25 acres, more or less, which was conveyed to the State of North Carolina by Deed of Robert E. Sutton and wife, Laura Monddssonk which Deed is recorded in Deed Book 266, Page 314, as 4uot Public Registry and is more particularly delineated on a plat prepared by Robert D. Kramer, Jr., Registered Surveyor which is recorded in Deed Book 266, Page 316, Pasquotank County Public Registry.