157-96 County of Pamlico

Permit Class Permit Number
NEW 157-96
STATE OF NORTH CAROLINA
Department of Environrn nri FIealtii' & Natural Resources
Coastal-gesources Commission
,.VPrl�ilt ' 0 RECEWEo
fov NOV 221996
X Major Development in an `Area of Enviiorimental Concern 00
GUA: 1 r+t
pursuant toNCGS 113A-118-'' ,4 PANAG00ENT u
X Excavation and/or filling pursuant to NCGS 113-229
Issued to County of Pamlico, P. O. Box 776, BUboro, NC 28515
authorizing development in Pamlico County at Whittaker Creek channel
, as requested in the permittee's application dated 11/13/95 including attached worknlan
drawings, 4, dated received 7/25/96.
This permit, issued on \\ — E; , Clio 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.
Dredging Moratorium
1) In order to protect juvenile shrimp and finfish populations of the Whittaker Creek Primary Nursery
Area, no excavation or filling will be permitted between April 1 and September 30. of any year
without prior approval of the Division of Coastal Management in consultation with the Division of
Marine Fisheries.
Excavation
2) Excavation will not exceed 8 feet below the elevation of mean low water (MLW).
3) No marsh grass will be excavated and/or filled.
attached sheet for Additional
This permiLaction may be appealed by the pemiittee 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.
ash ^ Roger W Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

e.
County of Pamlico Permit #157-96
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
Spoil Containment
5) The diked disposal area will be constructed a sufficient distance from the nean high water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters.
The spoil site is to be located according to the application as shown on the site plan dated 8/21/95
and the areial photograph dated July 1996.
6) In order to protect water quality, effluent must not visibly increase the amount of suspended
sediments in adjacent waters.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must
be filed at least thirty (30) days prior to the beginning of any land -disturbing activity.
Submit this plan to the Department of Environment, Health and Natural Resources, Land
Quality Section, 1424 Carolina Avenue, Washington, NC 27889.
7) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
8) The disposal area effluent will be contained by pipe, trough, or similar device to a poinAit or beyond
the normal water level to prevent gully erosion and unnecessary siltation.
9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids. Special
attention must be provided under this condition to preculde sediments from reaching the western
branch of the Creek.
10 A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
11) In order to protect water quality, effluent must not visibly increase the amount of suspended
sediments in adjacent waters.
12) The dike will be properly graded and provided a ground cover sufficient to restrain erosion within
thirty (30) working days of project completion.
NOTE: This project may create mosquito breeding problems. For information regarding appropriate
mosquito control measures, contact the Division of Environmental Health at 91 gn26-8970.

County of Pamlico
ADDITIONAL CONDITIONS
Archaeological Resources
Permit#157-96
Page 3 of 3
NOTE: The permittee is hereby notified that this project should be undertaken with caution. If
during construction, submerged archaeological materials are encountered, such as shipwreck
remains, it is the responsibility of the Army Corps of Engineers -Wilmington District, to
notify the Division of Archives and History immediately, pursuant to Section 106 of the
National Historic Preservation Act of 1966. Work in the immediate area shall cease and the
COE and the Division of Coastal Manageemnt shall be notified.
NOTE: The Division of Water Quality authorized this project on October 28, 1996 under General
Water Quality Certification No. 3025.

Permit Class - ...
N);i W
STATE OI-NO-tT1�CAROLINA
Department of Env ronine`u'-'-i alt & Natural Resources
`� e•�v and'^
g � c ii i �aof:E r W:.v
Major Developmenft an- An;a ofF.rtyironmental Concern
pursuant to NCG$
QUAM
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
157-96
Issued to County f Pamlico, P. O. Box 776, Bayboro, NC 28515
authorizing development in Pamlico County at Whittaker Creek channel
, as requested in the permittee's application dated 11/13/95 including attached work -plan
drawings, 4, dated received 7/25/96.
This permit, issued on \\ — 5 — , 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.
Dredging Moratorium
1) In order to protect juvenile shrimp and finfish populations of the Whittaker Creek Primary Nursery
Area, no excavation or filling will be permitted between April 1 and September 30 of any year
without prior approval of the Division of Coastal Management in consultation with the Division of
Marine Fisheries.
Excavation
2) Excavation will not exceed 8 feet below the elevation of mean low water (MI,W).
3) No marsh grass will be excavated and/or filled.
attached sheet for Additional
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
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.
-'%i^ Roger W Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

County of Pamlico Permit #157-96
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
Spoil Containment
5) The diked disposal area will be constructed a sufficient distance from the nean high water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters.
The spoil site is to be located according to the application as shown on the site plan dated 8/21/95
and the areial photograph dated July 1996.
6) In order to protect water quality, effluent must not visibly increase the amount of suspended
sediments in adjacent waters.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must
be filed at least thirty (30) days prior to the beginning of any land -disturbing activity.
Submit this plan to the Department of Environment, Health and Natural Resources, Land
Quality Section, 1424 Carolina Avenue, Washington, NC 27889.
7) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
8) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond
the normal water level to prevent gully erosion and unnecessary siltation.
9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids. Special
attention must be provided under this condition to preculde sediments from reaching the western
branch of the Creek.
10 A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
11) In order to protect water quality, effluent must not visibly increase the amount of suspended
sediments in adjacent waters.
12) The dike will be properly graded and provided a ground cover sufficient to restrain erosion within
thirty (30) working days of project completion.
NOTE: This project may create mosquito breeding problems. For information regarding appropriate
mosquito control measures, contact the Division of Environmental Health at 91 gn26-8970.

County of Pamlico
ADDITIONAL CONDITIONS
Archaeological Resources
Permit#157-96
Page 3 of 3
NOTE: The permittee is hereby notified that this project should be undertaken with caution. If
during construction, submerged archaeological materials are encountered, such as shipwreck
remains, it is the responsibility of the Army Corps of Engineers -Wilmington District, to
notify the Division of Archives and History immediately, pursuant to Section 106 of the
National Historic Preservation Act of 1966. Work in the immediate area shall cease and the
COE and the Division of Coastal Manageemnt shall be notified.
NOTE: The Division of Water Quality authorized this project on October 28, 1996 under General
Water Quality Certification No. 3025.

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 6 Acres
b. Size of individual lot(s) It/A
c. Approximate elevation of tract above MHW or
NWL 7.5'
d. Soil type(s) and texture(s) of tract
Youngs Alfa Vista
e. Vegetation on tract Coastal mix grass
f. Man-made features now on tract II/A
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed x Community
Rural Other
h. How is the tract zoned by local government?
Unrestricted
i. Is the proposed project consistent with the applicable
zoning? x Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes x No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes x No
1. Are there wetlands on the site? _ Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
LJUL2 5 1996
m. Describe zisting wastewater treatment facilities.
NJA
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluept, "wash
down" and residential discharges.) N A
o. Describe a isting drinking water supply source.
117A
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilvation)
Revised 03/95
Average Final
Existing Project
Length Width Depth
Depth
2800'
Jo4'
6'
8'
s
r
�.�nwww.• a •..u..aMMM1
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards20,000 cy
b. Type of material to be excavated Sand
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes x No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Loc tion of disposal area Windward Drive
See attached Plat
b. Dimensions of disposal.area
5-14 -r Y 60
c. Do you claim title to disposal area?
Yes x No
If no, attach a letter granting permission from the
owner. Attached
d. Will a disposal area be available for future
maintenance? —Yes x No
If yes, where?

Form DCM-MP-2
L,,L:�5 19y6
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or other wetlands? (l) Amount of �txeter}ah•ro•bC�f3�ld"IA"the
Yes x No water
(2) Dimensions of fill area
f. Does the disposal include any area in the water?
Yes ,. No (3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Rpprap
b. Length N/A
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
N/A
(Source of informarion)
f. Type of bulkhead or riprap material N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap None
(2) Bulkhead backfll None
It. Type of fill material
L Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes x No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes x No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Hydraulic dredge
c. Will wetlands be crossed in transporting equipment
to project site? —Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Whittaker Creek Dredging Project
Ap Project Name _
�) J'== J�
Signature
November 13, 1995
Date
Revised 03/95

Form DCM-MP-1
JUL 2 6 1996
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 Miles Shorey
Address P 0, Box 266 Oriental, N,C, 28571
Phone [phone]
Name Dr. Robert Hyde
Address 1112x 524 Oriental, N.C. 28571
Phone [phone]
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.
State permit #39-76 Issued 3/10/76
Federal permit #76-69-03-010 Issued 4/1/76
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 13 day of Nov. , 199).
Print Name + Dan R. Forman
tur Signae n � - "^' — —�
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP4
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 03195

h
SPOIL POND
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5.'4e ACRES
JUL 2 5 1996
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jUL 2 5 1996
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F)(15T(N& CHANNEL BOTTOM(b•s�y� `
BC(
TYPICAL CROSS-SECTION OF PRGFb-SED DEER=1nC�
OF 1v'N ITTAKER GREEvC CkIANNEL "
NCB TO �,P C. F

I
•-ri��h1 �''
9'-V3302
JFyoS�P,r
R.. NOV
TO 5{�OIL
va�4P \
♦� \ • 7.4'
3.5' Al *6\ 7.6'
are th e6
4.2' At .�I.
/ Crab Pot
bPi IK
ri
Vva a. b.
o Ns.w
A
y ..4.
Ju
6.6' At
TL Red 64
NOTE: HATCHED AREA (APPROXIMATELY 2,800' x 107') REPRESENTS AREA
TO BE DREDGED.
LEGEND
+ ABSOLUTE SOUNDINGS
-- — ELECTRONIC SOUNDINGS ALONG CHANNEL
— • — • — ELECTRONIC SOUNDINGS SO' EAST OF CHANNEL
dt4EEN CHANNEL MARKF_P.
GREEN CAN CHANNEL MARKER
O GREEN POLE CHANNEL MARKER
♦ RED CHANNEL MARKER
3 CRAB POT
NOTE: ABSOLUTE SOUNDINGS ARE SHOWN IN FEET, AT NORMAL WATER LEVEL
OF OAX ABOVE NORMAL SEA LEVEL, NGVD.
ORIGINAL SOUNDINGS PROVIDED BY A. HUGH HARRIS, JR. RLS, PE, AND
SHOWN ON MAP DATED, SEPT. 12, 1994. HATCHED AREA TO BE DREDGED
AND STREAM FLOW ARE REVISIONS PROVIDED HEREON BY
RYAN, RES. I C.T�
Atlantic Survey & Design
249 CRAVEN STREET
NEW BERN, NORTH CAROUNA
[phone]
DATE: I JOB Afa 1765
SCALE: /" a 400' 1 DRWIU HY.A6WI NO.
A DEPTH SOUNDING DIAGRAM
OF
whillaker Creek
LT
— Channel —
"Or/eRlel"
TOWNSHIP PAMLICO COUNTY, MC.

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WFST
�
SAY
SPINNAKER
POINT
r
�
BL'CANEE
4
'
ear
7 A
Y
1
HORIOWS
LANDING GOC
FAIR WNDS
S.R. 1321
ACRES
TANDINGS
— — VISTAI
SEA VISTA [/
4
PIERCE CREEK ARE r
1
g'
ORIENTAL _ _ - - 's K
h,
NEUSE RIVER N.USE HEIGHTS
•
\d\L i
_ NEU
1
1 1
WINDWARD SHORES DOLPHIN POINT
.TJRer oe SI G
SEC- see cle- s41 i „A"

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management A
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E3E H N FR
Roger N. Schecter, Director
Novemberr 6, 1996
County of Pamlico
P.O. Box 776
Bayboro, NC 28515
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
John Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, 'FAX [phone]
N%`
Raleigh, North Carolina 27611-7687 ''CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 18W
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 20, 1996
Regulatory Branch
Action ID No. 199604948 and State Permit No. 157-96
County of Pamlico
ATTN: Mr. Dan Forman
Permit Coordinator
Post Office Box 357
Oriental, North Carolina 28571
Dear Mr. Forman:
Reference your application for a Department of the Army (DA) permit to
undertake maintenance excavation activities within an existing access channel
to Whittaker Creek, located off Whittaker Point Road, in the Town of Oriental,
Pamlico County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of General Permit No. 198000291. Therefore, you
may commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action
is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
RaleiP.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished without enclosure:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

-2-
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Parker
eivision of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: County of Pamlico
2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, adjacent Whittaker Point
Road on Whittaker Creek and the Neuse River
Photo Index - 1995: #78-854;indexed by F-15; E-15,16; D-17; C-16,17; B-17; A-18,19
1984: 2 119 12; indexed by I-8,9; J-9,10,11; K-11,12
State Plane Coordinates - X: 2,693,700 Y: 473,600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/25/95 and 8/9/96
Was Applicant Present - Yes on 10/25/95
5. PROCESSING PROCEDURE: Application Received Complete - August 2, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - 1994 Town of Oriental Land Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands - Estuarine
Waters and Public Trust Areas
291,200 ft2
(C) Other
High Ground
238,496 fe
(D) Total Area Disturbed: 529,696 fe
(E) Primary Nursery Area: Yes
(F) Water Classification: Both Whittaker Creek and the Neuse River are SA NSW
Open: Whittaker Creek is closed while this section of the Neuse is open
8. PROJECT SUMMARY: Pamlico County is proposing to conduct maintenance excavation within the
entrance channel into Whittaker Creek.

FIELD INVESTIGATION REPORT:
PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The project is located in Pamlico County on the northeast side of the Town of Oriental
adjacent the Neuse River and Whittaker Creek. The project site essentially consists of an
existing 3200' long by 104' wide channel leading from the Neuse River into Whittaker
Creek. The original channel was permitted to -10' below NWL but has since shoaled in to
an average existing depth of -6' NWL. According to the applicant, during periods of
extended westerly winds, the water depths drop an additional -l' to -2' below NWL, creating
problems for boaters. The entrance channel is essentially straight with the southern end
being marked by red channel marker #2 and green channel marker #3 out in the Neuse
River. The northern end is marked by green channel marker #5 in Whittaker Creek where
the channel makes a turn towards the Western Branch. The channel continues for another
400' to greenchannel marker V. Whittaker Creek forks and forms both an East and West
Branch. Another tributary, Tarpon Channel/Canal, flows into the West Branch. The
Whittaker Creek entrance channel provides boating access from Whittaker Creek to the
Neuse River for three marinas, several marine related businesses, and many residences with
private docks that all use the channel. According to the applicant, there are approximately
293 slips within Whittaker Creek. The original channel was dredged around 1970 and was
deepened and maintained in 1976 under Dredge and Fill Permit #39-76 and U.S. Army
Corps of Engineers Permit #76-69-03-010.
The high ground project site (location of the spoil disposal site) is located some 4,000'
to 5,000' from the entrance channel. This six -acre site is located on Windward Drive in the
Town of Oriental. Whittaker Creek including both the West and East Branches as well as
Tarpon Canal are Primary Nursery Areas. Whittaker Creek is closed to shellfishing while
this section of the Neuse River is open. Both Whittaker Creek and the Neuse River are SA
NSW waters. There were no SAVs noted in the area to be excavated.
Project Description
Pamlico County is proposing to conduct maintenance excavation with a hydraulic
dredge in the entrance channel from the Neuse River into Whittaker Creek. Approximately
2800 linear feet of the channel would be maintained. The top cut would be 100' wide while
the bottom cut would be 80' wide. The applicant proposes to excavate the channel to -8'
below NWL. The excavated sand material would be pumped to a six -acre high ground
disposal site located on Windward Drive some 4,000' from the dredge site. The spoil area
would measure approximately 514' X 464' in size. An agreement with the Dolphin
Company, the disposal site landowner owner, is enclosed. Effluent water from the diked
disposal site is proposed to be discharged into a manmade canal which runs into the
headwaters of the Western Branch of Whittaker Creek.

FIELD INVESTIGATION REPORT:
PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project
PAGE #3
Anticipated Impacts
The project as proposed will result in approximately 291,200 ft' of channel bottom of
Whittaker Creek and the Neuse River being excavated to a depth of -8' below NWL.
Approximately 1000' of dredging would occur within the Primary Nursery Area of Whittaker
Creek. Overall, approximately 21,750 yds' of sandy material would be excavated by
hydraulic dredge and pumped to a diked disposal area located some 4,000' to 5,000' away.
Increased levels of turbidity would be expected during dredging operation but should be
short-term in duration. Approximately 238,496 fe of high ground would be disturbed as a
result of the construction of the spoil disposal area. The discharge of the effluent back into
the headwaters of the Western Branch could affect the bottom substrate in this area of the
Primary Nursery Area.
M. Ted Tyndall - Morehead City Office - 13 August 1996

F-
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSA=AL/PROCESSING RECORD
G
( L
A)
ff
APPLICANT: County of Pamlico COUNTY: Pamlico
LOCATION OF PROJECT: adjacent Whittaker Point Road, on Whittaker Creek and the Neuse River,
in the Town of Oriental
DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 2, 1996
FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES
CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES
FIELD REPRESENTATIVE: Ted Tyndall
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED
PUBLIC NOTICE REC'D: 5 .,\\ ls)m Q-A
ADJ. RIP. PROP NOTICES REC'D:
OFFICE: Morehead
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE: Q \ 6-/\ %a- CjI o 150 DAY DEADLINE: /J
MAIL OUT DATE: D - ! /O — % STATE DUE DATE:
FEDERAL DUE DATE: FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 1 a - 3 r- R 6
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. office
(
Div. of Community Assistance
Land Quality Section
q
Div. of Env. Management
0��
State Property Office
0 A _ �r
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
Div. of Water Resources
/
Div. of Marine Fisheries
S .

•+c+ ' X

MEMORANDUM
4' O-
TO: John Parker �Fyr G
FROM: M. Ted Tyndall
SUBJECT: Field recommendation and conditions for the County of Pamlico Major CAMA
permit application involving the maintenance excavation of the entrance
channel into Whittaker Creek, near Oriental, North Carolina
DATE: October 9, 1996
I have reviewed the pertinent rules and regulations for this project and have paid
special attention to the 07H.0208 Specific Use Standards for Hydraulic Dredging. As
proposed it appears that the project is consistent with those rules. Consequently, I have no
objection to the project being permitted with the following conditions:
1. In order to protect juvenile shrimp and finfish populations, no excavation or filling
will be permitted between DATE BASED ON DMF INPUT and DATE BASED ON
DMF INPUT of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2. Excavation will be conducted below the normal water level (NWL) and will not
exceed -8 feet below the NWL.
3 3. No marsh grass will be excavated and/or filled.
4 4. The temporary placement or double -handling of excavated'or fill materials within
waters or vegetated wetlands is not authorized.
6 5. All excavated materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining
structures to prevent spill -over of solids into any marsh or surrounding waters.
1 6. The disposal area effluent will be contained by pipe, trough, or similar device to a
point at or beyond the normal water level to prevent gully erosion and unnecessary
siltation.
7. The terminal end of the pipeline will be positioned at or greater than fifty feet (50')
from any part of the dike and a maximum distance from spillways to allow settlement
q of suspended solids.
8. A water control structure will be installed at the intake end of the effluent pipe to
assure compliance with water quality standards.

Parker memo
re: Pamlico County Dredging
October 9, 1996
Page 2
/v
9. In order to protect water quality, effluent must not visibly increase the amount of
suspended sediments in adjacent waters.
5 10. The diked disposal area will be constructed a sufficient distance from the mean high
water level or any marsh to eliminate the possibility of dike erosion into or upon any
marsh or surrounding waters. The spoil site is to be located according to the
application as shown on the site plat dated 8-21-95 and the aerial photograph dated
July 1996.
1 11. The dike will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty (30) working days of project completion.
GENERAL NOTES - MAINTENANCE CLAUSE
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This
Plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this Plan to the Department of Environment, Health and Natural Resources,
Land Quality Section, Washington Field Office.
NOTE: This project may create mosquito breeding problems. For information regarding
appropriate mosquito control measures, contact the Pu '
at-(91-9)73-3-6407 -John-check-on-this-contact-and-nurnber Qa•..—_
OAF- 91 `, 'l -.'_ 6 --
cc: Charles Jones
Raleigh Bland, COE/Washington

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
August 13, 1996
MEMORANDUM:
TO: Kathy B. Vinson, District Planner
Division of Coastal Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
JLA�
E) FE
SUBJECT: CAMAI GE &FILL Permit Application Review
Applicant: Coun f Pamlico
Project Location: adjacent ittaker Point Road, on Whittaker Creek and the Neuse River, in the Town
of Oriental
Proposed Project: to conduct maintenance excavation within the entrance channel from the Neuse River
into Whittaker Creek
Please indicate below your office's position or viewpoint on the proposed project and return this form by
September 3, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: w ✓ This office has no objection to the project as proposed. 3- w cel, dn& , .
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are incorporated.
See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED �ODATE(
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
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MEMORANDUM:
TO: John Parker
FROM: Kathy Vinson
SUBJECT: Consistency Determination, Major Permit Application,
County of Pamlico, Dredging of Whittaker Creek
DATE: September 13, 1996
Pamlico County proposes to conduct maintenance excavation within
the entrance channel into Whittaker Creek. The project site is
located on the northeast side of the Town of Oriental adjacent the
Neuse River and Whittaker Creek.
Areas of Environmental Concern (AECs) impacted by the proposed work
include Public Trust Areas and Estuarine Waters. Waters of
Whittaker Creek and the Neuse River at the site are classified as
SA NSW. Whittaker Creek is closed to the harvesting of shellfish,
although this section of the Neuse River is open. Whittaker Creek
is also classified as a Primary Nursery Area.
I have reviewed this proposal for consistency with the 1994 Town of
Oriental Land Use Plan Update and offer the following comments.
The Public Trust and Estuarine Waters AECs proposed for dredging
are classified as Conservation by the Oriental Land Use Plan, while
the proposed spoil site is classified as Developed.
The Oriental Land Use Plan supports state standards for development
in Conservation classified AECs. The only local standard which
exceeds state requirements involves pump -out facilities at marinas
and is not applicable to this permit request.
Economic and Community Development Policies regarding Channel
Maintenance state that the water courses and channels that adjoin
the Town are essential elements of the local economy. The Plan
states that maintenance of these channels may be shared by property
owners and commercial interests, as well as County, State and
Federal entities.
Provided all-7H standards can be satisfied, this proposal appears
to be consistent with the 1994 Town of Oriental Land Use Plan.
cc: Preston Pate
Charles Jones
Ted Tyndall
William Crowe

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
Janes S. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
County of Pamlico
Attn: Mr. Dan Forman
P.O. Box 357
Oriental, NC 28571
Dear Mr. Forman:
A :0�'
74JLOArl
IDFEE HNFz1
DIVISION OF WATER QUALITY
October 21, 1996
Subject: CAMA/stormwater SW7960810
Maintenance Dredging
Whittaker Creek
Pamlico County
The Washington Regional Office received final stormwater
information for your project on August 15,-1996. Staff review of
the plans and specifications has determined that the project, as
proposed, consists of activities that will not pose surface water
quality threats from stormwater runoff. The Director has
determined that projects that are reviewed and approved by the
Division as not posing water quality threats from stormwater runoff
should not be subject to the stormwater management permitting
requirements of 15A NCAC 2H.1000. For this reason, we are
informing you by way of this letter that your project will not
require a stormwater management permit.
Please keep in mind that this determination does not affect your
legal requirements to obtain other permits which may be required by
the Division of Water Quality, the Division of Land Resources,
Coastal Area Management Act or any other Federal, State or Local
Government. In addition, any future modifications to the project
will require additional review from this office to assure that
stormwater impacts are not an issue.
If you have any questions or need additional information concerning
this matter, please contact Mr. Bill Moore at [phone],
extension 264.
Sincerely,
Roger K. Thorpe
Water Quality Supervisor
Washington Regional offi
cc: LCM - John Parker
Washington Regional Office
Central Files
1424 Carolina Avenue, Washington, NC 27889 Telephone [phone] FAX (!
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. I-bwes Secretary
A.Preston Fbward, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Dan Forman
Coumy of Pamlico
P.O. Box 357
Oriental, NC 28571
Dear Mr. Dorman:
e��
mom
E)FEE HNR
October 28, 1996
Pamlico County
DWQ Project # 960801
You have our approval to dredge 291,200 square feet of waters for the purpose of conducting
maintenance excavation within the entrance channel to Whittaker Creek, as you described in your
application dated 30 August 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions, please telephone John Domey at 919-733-1786. 1 � f
Sincerely, "� T
NoifC4.1r4Q
sss �
ton Howard, Jr. P.E. '"'
i£tyJ
Attachment c
CC., Wilmington District Corps of Engineers to
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
W. John Domey
Central Files
John Parker; DCM
9608011tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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s
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
August 22, 1996
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
eA�
EDEHNR
SUBJECT: CAMA/Dredge and Fill Permit Application Review
AUG 2 7 19%
DMF-PUB. TUSUBLANDS
r RFCF�
qUG 2g 9p
'N'i�".ta"Y'�NT
APPLICANT: County of Pamlico y S T `'
PROJECT LOCATION: Town of Oriental, adj. Whittaker Point Rd. on Whittaker Cr. & the
Neuse River, Pamlico Co.
PROPOSED PROJECT: To conduct maintanance excavation within the entrance channel into
Whittaker Creek.
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 There are no known public trust conflicts with the project location or design.
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
",C0 T,I�il vita/.cic?Y ALG .9hLi}J •'t�E..F
J. .O/i7/c GI//tL �%.B/(& G`.ulAr9F .✓ll /.3%C,B-lsde� �� /�/v�
Signed—� _ Date
P.O. Box 27687, V
0FAX [phone]
Raleigh, North Carolina 27611-7687 ' CAn Equal FAX
Action Employer
Voice 919-733-2293 7f7 , 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health, and Natural Resources JL�
Division of Marine Fisheries Al
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
23 September 1996
MEMORANDUM
TO: John Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: P.A.. Wojciechowski -
SUBJECT: DREDGE AND FILL PERMIT
County of Pamlico, Whitaker Creek, Neuse River, Pamlico County
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
t•
ffII .l0
PAW/bc J
SEP L`Z . a6
MANAUEMENI c
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries A*A
= a_
James B. Hunt, Jr., Governor 1:3FEE HNFR
Jonathan B. Howes, Secretary
Bruce Freeman, Director
MEMORANDUM
TO:
John Parker
FROM:
JI
Katy West / &
DATE: 20 September 1996
SUBJECT: CAMA Major Permit, County of Pamlico, Whittaker Creek, Neuse River,
Pamlico County
The North Carolina Division of Marine Fisheries (NCDMF) offers the following
comments pursuant to G.S. 113-131. The maintenance excavation of the channel will
occur within a Primary Nursery Area (PNA), Whittaker Creek. The NCDMF recommends
approval of the project under the following condition:
1. (_�A dredging moratorium from April -September be Imposed to lessen turbidity
\ and physical disturbance impacts in Whittaker Creek.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirnlaflve ACUOn Employer 50% reCVCleo/ 10% posttonsumer 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
August 13, 1996
MEMORANDUM:
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
A7"
,
E)EHNFR
,/IT
SUBJECT:-CAMk//DREDGE & FILL Permit Application Review
S Y
Applicant: County of Pamlico
Project Location: adjacent Whittaker Point Road, on Whittaker Creek and the Neuse River, in the Town
of Oriental
Proposed Project: to conduct maintenance excavation within the entrance channel from the Neuse River
into Whittaker Creek
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 3, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at
[phone]. 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 attached comments.
SIGNED / 4 �� DATE z d Sr,-, �f. ice. /71�.
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier f11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

��
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 13, 1996
MEMORANDUM:
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
A
�
la
1:3FEE HNF 1
SUBJECT: CAMA/DR & FILL Permit Application ReviewApplicant: County f PamGE
lico
Project Location: adjacent Whittaker Point Road, on Whittaker Creek and the Neuse River, in the Town
of Oriental
Proposed Project: to conduct maintenance excavation within the entrance channel from the Neuse River
into Whittaker Creek
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 3, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at
[phone]. 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.
v // This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier dl 1-12-09
Telephone [phone] FAX [phone]
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DIVISION OF LAND RESOURCES
LAND UALITY SECTION
�--30 -j4-
MEMORANDUM
TO: John R. Parker, Jr./Stephen Benton
Major Permits Processing Section
Division of Coastal Management
FROM: Patrick H. McClain
Assistant Land Quality Regional Engineer
Washington Re 'onal Office
SUBJECT:
This office will require that:
1. The area be properly graded.
2. A permanent ground cover, sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
3. The exterior slopes of the disposal area dikes be at an
angle no steeper than 1 1/2 H: 1 V.
4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berms,
sand fence, etc.).
5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
-- activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
S. Other:

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A4�
�EHNR
DIVISION OF LAND RESOUR
LAND QUALITY SECTION
August 30, 1996
County of Pamlico.
ATTN: Mr. William R. Rice, Manager
P.O. Box 776
Bayboro, North Carolina 28515
RE: Dredging of Whitaker Creek
Drainage Basin: Neuse
Pamlico County
Dear Mr. Rice:
As an agency involved in the Division of Coastal
Management's major permit application review process, we have
determined that more than one acre will be disturbed by the
activities as described. Therefore, in addition to a permit from
the Division of Coastal Management, an erosion and sedimentation
control plan must be submitted to and approved by this office
before development begins.
The requiring of an erosion and sedimentation control plan
is based on a mandatory standard for land -disturbing activity of
the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land -disturbing activity, if at
least one acre is to be uncovered, unless an erosion and
sedimentation control plan for the activity is filed with
the agency having jurisdiction and approved.
The plan must be submitted at least thirty (30) days prior
to project commencement. The plan must include, but is not
limited to, the following:
1. A scaled plat plan of the site, showing the affected
areas as well as adjacent properties which may be
affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks,
streams, drainageways, marsh, etc.
3. Include a brief narrative describing the activities to
be undertaken and a construction schedule.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
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County of Pamlico
ATTN: Mr. William R
August 30, 1996
Page 2
Rice, Manager
Indicate on the plat the measures to be utilized to
prevent sediment from entering adjacent properties,
such as location of silt fences, silt basins, diversion
ditches, areas to be seeded, etc.
5. Include seeding and mulching specifications for both
temporary and permanent stabilization.
6. Include any other pertinent information directed at
controlling offsite sedimentation, slope degradation,
and erosion.
Please be advised that the plan will be considered
incomplete, and the statutory review period will not begin,
unless a non-refundable plan review processing fee, payable by
check or money order made out to the Department of Environment,
Health and Natural Resources, is included. The amount of the fee
is based on $30 for the first disturbed or affected acre, plus
$20 for each additional whole or fractional acre of land to be
disturbed (including offsite borrow or waste areas).
To begin this project without the approval of an erosion/
sedimentation control plan will be considered a violation of the
Act and may lead to the assessment of a civil penalty of up to
$500.00 per day for each day the project is deemed in violation.
For your convenience, we are enclosing a guideline for
developing a plan. If you should have any questions, feel free
to contact me.
Sincerely,
c
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHM:ka
Enclosures
cc: John R. Parker, Division of Coastal Management

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
August 20, 1996
ul u 1 — ►11111u1
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
VYWA 00
[DEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Pamlico County
PROJECT LOCATION: Town of Oriental, adj. Whittaker Point Rd. On Whittaker Cr, Pamlico Co.
PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into
Whittaker Creek.
Please indicate below your agency's position or viewpoint on the proposed and return this form by
September 10, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed. 4A C1tj�j
q? FQ
This agency has no comment on the proposed project. N"996
\_ This agency approves of the project, only if the recomm changes
incorporated. See attached. S i+
This agency objects to the project for reasons described in the attached comments.
Signed 1 V L 4A& (0,1"o Date
P.O. Box 27687,
Raleigh, North Carolina 27611-7687
��`�C
FAX [phone]
tive Action Employer
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® North Carolina Wildlife Resources Commission KN
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, DEHN IR'
FROM: William Wescott, Coastal Coordinator
Habitat Conservation Program
DATE: September 12, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Town of Oriental, Pamlico County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G. S. I I3A-100 through 1I3A-
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 perform maintenance dredging of a 2,800 ft. x 104 ft. area to a
depth of 8 ft. within the confines of the original channel. Waters at the site are classified as SA -
NSW and this section of the Neuse River is open to shellfish harvest. Whittaker Creek including
both the West and East Branches as well as Tarpon Canal are designated as primary nursery area
by Division of Marine Fisheries.
The size of the project, areas open to shellfish harvest, primary nursery area, and nutrient
sensitive water designation should be adequate to require a moratorium prohibiting dredging
between April 1 and September 30.
The effluent discharge from the spoil disposal area back into the headwaters of the
Western Branch could affect the bottom substrate in this area of the primary nursery. A project of
this size will produce a large volume of effluent. To minimize turbidity impacts in this PNA we
recommend a separate retention pond be constructed to allow sediments to settle prior to
discharging the a vent toWem Branch of Whittaker Creek.
We appreciate the opportunity to review and comment of this project. If you need further
assistance or additional information, please contact William Wescott at (919) 9274016.

V
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:
August 20, 1996
Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
1I�WA
�L L
EDEHNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Pamlico County
PROJECT LOCATION: own of Oriental, adj. Whittaker Point Rd. on Whittaker Cr., Pamlico Co.
PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into
Whittaker Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 10,1996. If you have any questions regarding the proposed project, please con ker
at 733-2293 when appropriate, in-depth comments with supporting data are requested 10 1?i�i
WW sEP Y81s�
REPLY This agency has no objection to the project as proposed. CUASfgt
MANAGEMENT
This agency has no comment on the proposed project.
This agency approves of the project, only if the
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed LP.t— U` Date 4 /3
P.O. Box 27687, N�MC FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293717 50% recycled/10% post -consumer paper

North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffrey J. Crow, Director
September 13, 1996
MEMORANDUM
TO: ,/John R. Parker Jr., Chief
Major Permits Processing Section
Division of Coastal Management , DEHNR
Lt. Colonel Terry R. Youngbluth, District Engineer
Army Corps of Engineers, Wilmington District
FROM: David Brook Le, �,Y 14Le�--�-1W
Deputy State Historic Preservation Officer
SUBJECT: Pamlico County, Whittaker Creek, Oriental,
ER 97-7316
We have reviewed the above permit application concerning Pamlico County's
proposal to perform routine maintenance dredging within the entrance channel into
Whittaker Creek.
In our underwater research files we have references to extensive maritime activities
and shipwreck losses in the general project vicinity; therefore, much of the project
area holds a high potential for containing submerged cultural resources. However,
since this project concerns maintenance dredging within controlled and previously
dredged channels, we recommend o archaeological investigation be conducted.
Would like-tothat this project should be undertaken with caution. If
during construction submerged archaeological materials are encountered, such as
Jam` shipwreck remains, it is the responsibility of the Army Corps of Engineers -
Wilmington District to notify this office immediat I rsuant to Section 106 of
tional Historic Preservation Act of 1966. In addition, the area is protecte y
North Caro Ina egislation . . - to , rticle 3: salvage of Abandoned
shipwrecks and other underwater archaeological materials on all bottoms from low
water to one marine league seaward, and bottoms of other navigable waters). This
law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which
gives the state jurisdiction over a broad range of living and nonliving resources in
state waters and submerged lands, including certain abandoned shipwrecks, which
have been deserted and to which the owner has relinquished ownership rights with
no retention.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill -Earley, environmental
review coordinator, at 919/733-4763.
DB:slw
cc: Richard Kimmel
109 East Jones Street • Raleigh, North Carolina 27601-2807

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
August 20, 1996
Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
John Parker, Jr.
Major Permits Processing Coordinator
A �
[DEHNFR
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Pamlico County
PROJECT LOCA Town of Oriental, adj. Whittaker Point Rd. on Whittaker Cr., Pamlico
Co.
PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into
Whittaker Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 10, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are re .01]1
C�
REPLY This agency has no objection to the project as proposed. cc SAC 1,2/9
96
Nqr�
This agency has no comment on the proposed project. C =r!r
This agency approves of the project, only if the recommended,'glii
incorporated. See attached. _
This agency obj is to the project for reasons described in the attached comments.
Signed Date / Ci
P.O. Box 27687,
Raleigh, North Carolina 27611-7687
CFAX
N-4
4
919-733-1495
An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293
�_
50% recycled/10% post -consumer paper

~ State -Of; o h Carolina
report e of Environment,
yeaith n Notural Res tr,�- r? �,� r •
Division of- cstci Ma^agem�nt
vCVerr',Or - ®E,= H ■ M FR
ion —than B. Howes, Secretary
Roger N. Schecter, Director NihH61L' :
P1V. Of F�l st .1996
NLEMORAN11 •I
TO: s .mall. Direct():'
Tv,s- i.inds e
Ii1't;E+on of Fnyiro1, raa: I-3ealtJ:
Of ENVlR%MENIA+ gLdA M
FROM: John Parker, 1t.
Maior Permits Processing Coordinator
SUBJFCr: C- MAA)REDC:F, & FILL Permit Application Re%ie"'
APPLICANT: Pamlico Criunty
70747
PROJECT LOCATIO, Town o+ Oriental-, adi. Whit-3k, r Point Rd or. \\'hittatker C r..
PROPOSF,D PROJECT: To conduct maintenance excavar on within the enuance chariot , fete
%%littaker Creek
Please indi ate bei;,w, , our agens,'s position or v ie«poi:. On tie proposed project :Lid r.'',ern i'r:..`u;:u L
Septembgrl0vTO &:"TfWu have ar.c questions regardin , Lhe proposed project please u:ttac+. ?otm ar:.e
at 733-'_�93. �Chcn at.pmpriate, n+-depth ton;ments nilh suppo ting data are requested.
REPLY This agent} has no objection to the project as proposed
This agent}' has no cc+mrne7t on the proposed project.
This agency approves of the: project, only if the reconunended changes a e
incorporate3 See attached.
This agent% objects to the prgiect frn reasons described in the attached comments.
pv
Date�
c,
.i ''-2.;
r Fko= ca i ♦ U. 331a95
'r; T_ I r i 1, Afi »tive Actor lmaloyer
1. - "'-consumer Paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
August 20, 1996
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
A
•ram ,
IDEHNFR
^�192�y122232q S2sa'
2
�° RU91996
^ceivec� D
State o
2 U�68L99b£
FROM: John Parker, Jr.
Major Permits Processing Coordinator a RECENE�
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
NIGEAEa1
� MA
APPLICANT: Pamlico County
PROJECT LOCATION: Town of Oriental, adj. Whittaker Cr. Rd. on Whittaker Cr., P
PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into
Whittaker Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 10, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed_ / v O Date
P.O. Box 27687, ���� FAX [phone]
Raleigh, North Carolina 27611-7687 N�� C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 BRipiumpiwom 50% recycled/10% post -consumer paper

IL
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
August 20, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1�r
i..�ilk-
FEE 1
H
LL ji, t�ly! }�111
Iil
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: CPamlico
County
PROJECT LOCATION:: Town of Oriental, adj. Whittaker Point Rd. On Whittaker Cr., Pamlico Co.
PROPOSED PROJECT: To conduct maintenance excavation within the entrance channel into
Whittaker Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 10, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are reques":i I-
f ` IVEg
REPLY This agency has no objection to the project as proposed. AUK 27 /996
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommend' es.ar`
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
9 /Box 27687, NZ#4 FAX [phone]
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Afflrmahve Action Employer
Voice919-733-2293 17+R77f*!a 50% recycled/ 10% post -consumer paper

Dijiii\i\Yiiii N i\\NY\YiDY,Ii
Whitaker Creek Entrance Channel
Maintenance Dredging Project
The proposed project is the maintenance dredging of the Whitaker Creek entrance channel from
the Neuse River in Oriental, Pamlico County, North Carolina. The original channel was dredged
about 1970 and subsequently was maintained and deepened in 1976 under CAMA permit #39-76
( issued 3/10/76) and U. S. Army Corps of Engineers permit # 76-69-03-010( issued 4/1/76).
The channel dimensions under CAMA permit # 39-76 were 3200' long with a top width of 104' ,
bottom width of 80' and a final depth of 10'. Shoaling within the entrance channel has reduced
depths to 6.0' ( normal water level) within the channel. During periods of extended westerly
winds the water depth may drop an additional 1-2' below NWL thus creating problems for area
boaters.
The Whitaker Creek entrance channel provides boating access from Whitaker Creek to the
Neuse River. There are several marinas and marine related businesses as well as waterfront
residences which utilize the channel. Presently, there are approximately 293 slips within
Whitaker Creek.
The applicant , the County of Pamlico, under this current permit application proposes to
perform maintenance dredging of a 2800' x 104' x 8' area within the confines of the original
channel dimensions. A highground spoil disposal area located in the Town of Oriental off of
Whitaker Point Road is planned for the project. This same highground spoil disposal area was
recently used for another CAMA authorized dredging project. Approximately 20,000 cubic
yards will be removed from Whitaker Creek by hydraulic dredge and pumped to the 550' x 500'
highground spoil disposal site. The dredge spoil effluent pipe will discharge into the upper end
of a manmade canal which runs into the western branch of Whitaker Creek.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: County of Pamlico
2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, adjacent Whittaker Point
Road on Whittaker Creek and the Neuse River
Photo Index - 1995: #78-854; indexed by F-15; E-15,16; D-17; C-16,17; B-17; A-18,19
1984: 2 119 12; indexed by I-8,9; J-9,10,11; K-11,12
State Plane Coordinates - X: 2,693,700 Y: 473,600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/25/95 and 8/9/96
Was Applicant Present - Yes on 10/25/95
5. PROCESSING PROCEDURE: Application Received Complete - August 2, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - 1994 Town of Oriental Land Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands - Estuarine
Waters and Public Trust Areas
291,200 fe
(C) Other
High Ground
238,496 f'
(D) Total Area Disturbed: 529,696 ftz
(E) Primary Nursery Area: Yes
(F) Water Classification: Both Whittaker Creek and the Neuse River are SA NSW
Open: Whittaker Creek is closed while this section of the Neuse is open
8. PROJECT SUMMARY: Pamlico County is proposing to conduct maintenance excavation within the
entrance channel into Whittaker Creek. .

FIELD INVESTIGATION REPORT:
PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The project is located in Pamlico County on the northeast side of the Town of Oriental
adjacent the Neuse River and Whittaker Creek. The project site essentially consists of an
existing 3200' long by 104' wide channel leading from the Neuse River into Whittaker
Creek. The original channel was permitted to -10' below NWL but has since shoaled in to
an average existing depth of -6' NWL. According to the applicant, during periods of
extended westerly winds, the water depths drop an additional -1' to -2' below NWL, creating
problems for boaters. The entrance channel is essentially straight with the southern end
being marked by red channel marker #2 and green channel marker #3 out in the Neuse
River. The northern end is marked by green channel -marker #5 in Whittaker Creek where
the channel makes a turn towards the Western Branch. The channel continues for another
400' to green channel marker V. Whittaker Creek forks and forms both an East and West
Branch. Another tributary, Tarpon Channel/Canal, flows into the West Branch. The
Whittaker Creek entrance channel provides boating access from Whittaker Creek to the
Neuse River for three marinas, several marine related businesses, and many residences with
private docks that all use the channel. According to the applicant, there are approximately
293 slips within Whittaker Creek. The original channel was dredged around 1970 and was
deepened and maintained in 1976 under Dredge and Fill Permit #39-76 and U.S. Army
Corps of Engineers Permit #76-69-03-010.
The high ground project site (location of the spoil disposal site) is located some 4,000'
to 5,000' from the entrance channel. This six -acre site is located on Windward Drive in the
Town of Oriental. Whittaker Creek including both the West and East Branches as well as
Tarpon Canal are Primary Nursery Areas. Whittaker Creek is closed to shellfishing while
this section of the Neuse River is open. Both Whittaker Creek and the Neuse River are SA
NSW waters. There were no SAVs noted in the area to be excavated.
Project Description
Pamlico County is proposing to conduct maintenance excavation with a hydraulic
dredge in the entrance channel from the Neuse River into Whittaker Creek. Approximately
2800 linear feet of the channel would be maintained. The top cut would be 100' wide while
the bottom cut would be 80' wide. The applicant proposes to excavate the channel to -8'
below NWL. The excavated sand material would be pumped to a six -acre high ground
disposal site located on Windward Drive some 4,000' from the dredge site. The spoil area
would measure approximately 514' X 464' in size. An agreement with the Dolphin
Company, the disposal site landowner owner, is enclosed. Effluent water from the diked
disposal site is proposed to be discharged into a manmade canal which runs into the
headwaters of the Western Branch of Whittaker Creek.

FIELD INVESTIGATION REPORT:
PAMLICO COUNTY/PAMLICO COUNTY -- Whittaker Creek Dredging Project
PAGE #3
Anticipated Impacts
The project as proposed will result in approximately 291,200 f0 of channel bottom of
Whittaker Creek and the Neuse River being excavated to a depth of -8' below NWL.
Approximately 1000' of dredging would occur within the Primary Nursery Area of Whittaker
Creek. Overall, approximately 21,750 yds3 of sandy material would be 'excavated by
hydraulic dredge and pumped to a diked disposal area located some 4,000' to 5,000' away.
Increased levels of turbidity would be expected during dredging operation but should be
short-term in duration. Approximately 238,496, ftZ of"high ground would be disturbed as a
result of the construction of the spoil disposal area. The discharge of the effluent back into
the headwaters of the Western_ Branch could affect the bottom substrate in this area of the
Primary Nursery Area.
M. Ted Tyndall - Morehead City Office - 13 August 1996

i
JUL 2 5 1996
•➢aaYiiiiiaio aaiH7Ha68ANih9�'!Y
Whitaker Creek Entrance Channel
Maintenance Dredging Project
The proposed project is the maintenance dredging of the Whitaker Creek entrance channel from
the Neuse River in Oriental, Pamlico County, North Carolina. The original channel was dredged
about 1970 and subsequently was maintained and deepened in 1976 under CAMA permit #39-76
( issued 3/10/76) and U. S. Army Corps of Engineers permit # 76-69-03-010( issued 4/1/76).
The channel dimensions under CAMA permit # 39-76 were 320V long with a top width of 104' ,
bottom width of 80' and a final depth of 10'. Shoaling within the entrance channel has reduced
depths to 6.0' ( normal water level ) within the channel. During periods of extended westerly
winds the water depth may drop an additional 1-2' below NWL thus creating problems for area
boaters.
The Whitaker Creek entrance channel provides boating access from Whitaker Creek to the
Neuse River. There are several marinas and marine related businesses as well as waterfront
residences which utilize the channel. Presently, there are approximately 293 slips within
Whitaker Creek.
The applicant , the County of Pamlico , under this current permit application proposes to
perform maintenance dredging of a 2800' x 104' x T area within the confines of the original
channel dimensions. A highground spoil disposal area located in the Town of Oriental off of
Whitaker Point Road is planned for the project. This same highground spoil disposal area was
recently used for another CAMA authorized dredging project. Approximately 20,000 cubic
yards will be removed from Whitaker Creek by hydraulic dredge and pumped to the 550' x 500'
highground spoil disposal site. The dredge spoil effluent pipe will discharge into the upper end
of a manmade canal which runs into the western branch of Whitaker Creek.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
0
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
September 24, 1996
Regulatory Branch
Action ID No. 199604948
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 the County of Pamlico for a Department of
the Army (DA) permit to undertake maintenance excavation activities within an
existing access channel to Whittaker Creek, located off Whittaker Point Road,
in the Town of Oriental, Pamlico County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
-�� 1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
3. The terminal end of the pipeline from the dredge into the diked
retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
4. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
2 5. Excavation will not excefeet below the elevation of mean low
water (MLW) . \\�J�J��
6. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
7. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
8. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the
A"
\� u

_2_
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely
Raleigh and, P.W.S.
Regulatory 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
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO L
ATTENTION OF (� -1
Regulatory Branch
Action ID. IIIq q) I% O g 1y A Applicant
Couh4 0+ FC%M 1 i LO
Waterway (.t{1;{�-��C�r C,VGLIk County 10 i r v Type Work I
Nwyt (ZNCY
Mr. Larry Hardy Mr. John Parker
National Marine Fisheries Division of Coastal Management
Service, NOAA North Carolina Department of
Pivers Island Environment, Health and
Beaufort, North Carolina 28516 Natural Resources
Post Office Box 27687
Fish and Wildlife Enhancement Raleigh, North Carolina 27611-7687
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief .
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
To nes
Li Regional Office
Division of Coastal Management
North Carolina Department of
Environment, Heallth and
N tural esources
ice 901
Nc 2 SS
Pursuant to Action ID No. 198000291, the LAMA -Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before 520t4 M b2y_ 2-0 i 114
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh g rAUG
VEO
Regulatory Project Manager 1996
;1L
MENT
Enclosure
59

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Whitaker Creek Maintenance
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July 1996
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Form DCM-MP-1
APPLICATION ° 2 5 u
(To be completed by all applicants)
b. City, town, community or landmark
Oriental. North Carolina
1. APPLICANT
a.*@42*fMd1k# Permit Coordinator
Name Dan Forman
Address P. 0. Box 357
City Oriental
State N. C.
Zip 28571 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name County of Pamlico
Address c RQx776
City Bayboro State N. C.
Zip 28515 Day Phone [phone]
Fax
c. Project name (if any) Whittaker Creek
Dredging Project
NOM Permit %0 be issued in name of laidox r(s), and/or
project tune.
2. LOCATION OF PROPOSED
PROJECT
a. County Pamlico
Revised 03195
c. Street address or secondary road number
Whittaker Point Road
d. Is proposed work within city limits or planning
jurisdiction? x Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Neuse River7Whittaker Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Maintenance dred in of channel _
2 00' x x SO ' xide
b. Is the proposed activity maintenance of an existing
project, new work, or both? Exist ing/Maintenance
c. Will the project be for public, private or commercial
use? Public
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.
Allow for boat access to marinas and
boat yards. Access to a "Harbor of
u uge .

BOARD OF'COMMISSIONERS
DOUG BRINSON. CHAIRNIAN
TOWNSHIP .6
LINDA FODREY
AT LARGE
COUNTY MANAGER
CLERK TO THE BOARD
BILL RICE
COUNTY ATTORNEY
JANIEs R. Sum
COUNTY OF PAMLICO
POST OmcE Box 776
BAYBORO, NORTH CARouNA 28515-0776
[phone]/74r-5195
FAX [phone]
July 3, 1996
Mr. M. Ted Tyndall
Field Representative
N.C. Division of Coastal Management
Post Office Box 769
Morehead City, North Carolina
Dear Mr. Tyndall,
BOARD OF COMMISSIONERS
EDSOLL J. HUNNINGS
TOWNSHIP *1
ADRIAN WHORTON
TOWNSHIP *2
JOHNNIE TRIPP
TOWNSHIP #3
CARL OLUSON
TOWNSHIP 04
EJU
C JR.
2 5 1996L50 L3 Mia 0
Iw>ueauwu�o,►r>,>,naasanlf�
This letter is in response to your letter of December 1, 1995 to Mr. Dan Forman (acting
on behalf of Pamlico County and the Whitaker Creek Dredging Association) requesting
additional information concerning the Whitaker Creek dredging project. The following
responses are provided per your request:
1. A narrative description of the project is enclosed
2. The proposed excavation will occur within the cross -hatched 2800' x 104' area
depicted on the survey performed by A. Hugh Harris, Jr. Dredging will occur throughout
the channel within these. dimensions. The channel isbounded by two red triangular and
four green rectangular U. S. Coast Guard maintained channel markers.
3. Spoil site location is shown on enclosed aerial.photograph.
4. Drawings have been.modified to clarify proposed. project plans.
5. A copy of CAMA permit # 19-76 detailing previous maintenance dredging at the site is
enclosed.
6. It is requested that since this is a publicly sponsored maintenance project that the
public notice in the newspaper suffice for notifying adjacent riparian property owners.
7. The inconsistency concerning highground excavation has been deleted.
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER

Page 2
July 3, 1996
8. At this time, no public funds have been formally requested, authorized or expended on
the project. The county's involvement is an endorsement for the need of the maintenance
dredging based on the community wide significance of the project. Furthermore, based
on a review of the DEHNR rules for Implementation of the N.C. Environmental Policy
Act (SEPA or NCEPA) an Environmental Assessment should not be required for the
proposed project. As provided under NCAC 1C.0504 (1) (f) "diked, highground dredge
material disposal areas" and under NCAC 1C.0504(4) (1) "existing and approved .
highground disposal areas" the proposed project would be considered a non -major
activity.
If you have any additional questions, please contact Dan Forman at 249-3000 or Bob Deaton at
249-1180.
Sincerely,
)y/- - / ,
Martin Beach
County Manager
smw
cc: Dan Forman and Bob Deaton, Whitaker Creek Dredging Association

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management �A
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary V
Roger N. Schecter, Director
Mr. Dan Foreman
P.O. Box 357
Oriental, NC 28571
Dear Mr. Foreman:
August 13, 1996
The Division of Coastal Management hereby acknowledges receipt of the application that
you submitted on behalf of the County of Pamlico for Stake approval for development in
Whittaker Creek. It was received complete on August 2, 1996, and appears to be adequate for
processing at this time. The projected deadline for making a decision is October 16, 1996. An
additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated above, you
should consider the review period extended. Under those circumstances, this letter will serve
as your notice of an extended review. However, an additional letter will be provided on or
about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Cordially yours,
l /
M. Ted Tyndall
Field Representative
MTT
Enclosure
cc: John Parker
Charles S. Jones
P.O. Box 769, 3441 Arendell St., Morehead City. North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N FR
Roger N. Schecter, Director
October 21, 1996
Mr. Dan Foreman
P. O. Box 357
Oriental, NC 28571
Dear Sir:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and Dredge and Fill permit to conduct maintenance excavation within the
entrance channel into Whitaker Creek, in the Town of Oriental, in Pamlico County. Although
processing of the application is nearing completion, additional time is needed for this office to
complete the review and make a decision on your request. Therefore, it is necessary that the
standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which
would make December 30, 1996 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, if you have any question on the status of your application, do not hesitate to contact this
office.
Very sincerely,
ai
r.
John .Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/aw
cc: Ted Tyndall
DCM-Morehead City
P.O. Box 27687, Me"
CFAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal FAX
Action Employer
Voice 919-733-2293 , 50% recycled/ 10% post -consumer paper

BOARD OF COMMISSIONERS
PHILUP PRESCOTT, JR. CHAIRMAN
AT LARGE
LINDA FODREY
AT LARGE
COUNTY MANAGER
CLERK TO THE BOARD
Blu- RICE
COUNTY ATTORNEY
JAiom R. SUGG
SSIONERS
OMM•1I
EDSOLL J. HUNNINGS
TOWNSHIP
D' WNORTON`a �A-6WI4SHIP
f2
TRIPP
WL,d �pNWN1E
COUNTY OF PAMLIC......... ...' SHIP .3
POST OFFICE BOX 776
CARL OLISON
SAYEGH% NORTH CARouN 28515-0776
TOWNSHIP .4
[phone]/745-5195
DouG BRINSON
FAX [phone]
TOWNSHIP n5
December 18, 1995
Mr. Ted Tyndall
Field Representative
North Carolina Division of Coastal Management
3441 Arendell Street
Morehead City, North Carolina 28557
Dear Mr. Tyndall,
The Board of Commissioners of Pamlico County endorses and supports the
application for maintenance dredging of the Witaker Creek entrance channel. The
dredging is considered critical to retaining access to a harbor of refuge for privately
owned sailing vessels for our citizens. At such time as this project is funded and prior to
its initiation the provisions of NCGS 113A will be accommodated.
smw
Sincerely,
Q4.�t�Jc �Ju x �
J. Douglas Brinson
Chairman
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER

"IM"m eY
HOItOYnt A "011OW W
ATTORNEYS AT IAa
MYMAO. NC
2A515
NORTH CAROLINA
PAMLICO COUNTY
JUL 2 5
1.
THIS AGREEMENT, made and entered into thidauy"Aa of,.
March, 1995, by and between THE DOLPHIN COMPANY OF ORIENTAL,
INC., a North Carolina corporation, hereinafter referred to as
"Dolphin", and WHITTAKER CREEK DREDGING ASSOCIATION, hereinafter
referred to as "the Association";
W331NEs SET x:
WHEREAS, the Association is an unincorporated
organization comprised of landowners and business owners along
Whittaker Creek; and
WHEREAS, said owners would be benefitted by the dredginq
of said creek; and
WHEREAS, the Association has applied for both (1)
permits from the various agencies, and (2) public assistance in
connection with said project; and
WHEREAS, in the event that said permits are granted, and
said public assistance is received, it will be necessary to
secure an area of land over which the dredged "spoil" may be
placed; and
WHEREAS, Dolphin owns land near the area and has agreed
to grant an easement for saiLd purpose, subject to the Association
indemnifying it from any lobs.
NOW, THEREFORE, in consideration of the covenants
contained herein, the parties agree as follows:
1) Upon receipt, by the Association, or its successor
or assigns, of the permits and/or the public assistance, Dolphin
will execute and convey an easement to the Association, or its
successor or assigns, over that tract bounded on the west by
Highway 55, on the south by the Town of Oriental's "well lot" and
Gilgo Drive, on the east by the lands of Joseph L. Gwaltney, and
being more particularly shown on that map entitled "PROPOSED
ANNEXATION FOR THE TOWN OF ORIENTAL" by McKim and Creed
Engineers, Planner and Surveyors{ dated September, 19884 Said
easement shall be for the purpose of constructing a dike pond for
the depositing of the spoill1dredged from said creek,'
2) In consideration of. Dolphin conveying said easement, the
Association shall:
a) Pay to Dolphin the sum of TEN THOUSAND ($10,000.00)
DOLLARS.
b) Execute an Inde6mnification Agreement indemnifying
Dolphin from any and all damages, claims, and liability resulting
from the construction and ude of said easement,
c) Upon completiod of the project, the area will be
returned as near as possiblu to its or glnal state, including)
i

YRIVAR[b IT
NOLLOV LLL 100LWW 11
ATTORNAS AT IA.
IATWAO. NC
:ass
IF
grading and seeding. The Association agrees to perform these
tasks within 9 months of the completion of the dredging, or as
soon as the site has dried out sufficiently to allow the grading.
3) Said easement shall be for a duration of three years,
beginning.with its execution.
IN WITNESS WHEREOFI Dolphin and the Association, each
have caused this instrument: to be signed in its name by its
President and attested by Its Secretary) this day and year first
above written. )
ATTEST:
retary
(CORPORATE SEAL)
THE DOLPHIN COMPANY F ORIENTALL INC.
By!
S
President
JUL' 2
j(WEITTAA:BA CABER b G ASSOCIATION
. iiIIPP. �—
byi
President
NORTH CAROLINA
PAMLICO COUNTY
It M/fR61E 0. .57,grFORD , a Notary Public in and
for said county and state, certify that F N. T Fr.1T
personally appeared before me this day and being by me duly
sworn, acknowledged that he is Secretary of THE DOLPHIN COMPANY
OF ORIENTAL, INC., a corporation, and that by authority duly
given and as the act of corporation, the foregoing instrument was
signed in its name by its President, sealed with its corporate
seal, and attested by himself as its Secretary, rN
Witness my hand and official seal this the ds day of
,QPRiL , 1995.
My commission expiress Olftd a? ApOiy
MARGIE B. STAFFORD
NOTARY PUPIJC
ON UNM 11V 'I
2"Ork! AHYIDN
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