HomeMy WebLinkAbout61-13 Forbes, Johne
Permit Class Permit Number
NEW 61-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
RECEIVED Coastal Resources Commission (!
c ��0
MAY 2 3 2013 t
vermt
for
X Major Development in an Area of Environmental Concern
DCM-MOCITY pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John H. Forbes, Jr. and the Bank of Hampton Roads,139 South Mills Road, Movock, N.C. 27958
Authorizing development in Currituck County ate. to Currituck Sound, at the common property
line off Aydlett Road in Poplar Branch, as requested in the permittee's application dated 2/18/13 (MPS and
2/19/13 (MP-2), including the attached workplan drawing (3), 1 dated 1/26/13 and 2 dated rcvd. in NM on 3/11/13
This permit, issued on May 16, 2013 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
area that is expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) Excavation shall not exceed —0.7 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No excavation shall take place outside the area indicated on the attached workplan drawings.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2016
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
t Braxta C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
10
John H. Forbes, Jr. and the Bank of Hampton Roads Permit # 61-13
Page 2 of 3
ADDITIONAL CONDITIONS
4) A turl}idity curtain shall be placed across the waterward opening of the ditch prior to the initiation of any
dre� ing activities, and a 24 hour period after completion of excavation shall elapse prior to removal of
the kurtain to'prevent unnecessary siltation into the adjacent water body.
Spoil Disposal
5) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Sedimentation and Erosion Control
6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North. Carolina on account of any such removal or
alteration.
9) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
10) This permit shall not be assigned, transferred, sold, or otherwise disposed ofto a third party without the
written approval of the Division of Coastal Management.
11) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation in order to discuss the conditions set forth in this perrilit.
REW&D
t
MAY 2S2013 j
DCM MAD cny
John H. Forbes, Jr. and the Bank of Hampton Roads Permit # 61-13
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior 'to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE:
NOTE:
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
13-0242.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW 2013-00564.
MAY V C #
ACM-MaDM
Permit Class
NEW
Permit Number
61-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vertuit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John H. Forbes, Jr- and the Bank of Hampton Roads, 139 South Mills Road, Moyock, N.C. 27958
Authorizing development in Currituck County ad'. to Currituck Sound, at the common property
line off Aydlett Road, in Poplar Branch, as requested in the permittee's application dated 2/I R/13 (MP-1) and
2/19/13 (MP-2) including the attached workplan drawing (3) 1 dated 1/26/13 and 2 dated rcvd. in MHD on 3/11/13
This permit, issued on May 16, 2013 , 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
oe suolect to rmes, imprisonment or civil action; or may cause me permit to oe nun ana vola.
Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
area that is expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) Excavation shall not exceed —0.7 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No excavation shall take place outside the area indicated on the attached workplan drawings.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2016
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxt C. Davis. Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
John H. Forbes, Jr. and the Bank of Hampton Roads Permit # 61-13
Page 2 of 3
ADDITIONAL CONDITIONS
4) A turbidity curtain shall be placed across the waterward opening of the ditch prior to the initiation of any
dredging activities, and a 24 hour period after completion of excavation shall elapse prior to removal of
the curtain to prevent unnecessary siltation into the adjacent water body.
Spoil Disposal
5) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Sedimentation and Erosion Control
6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
9) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
11) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management.prior to project initiation in order to discuss the conditions set forth in this permit.
John H. Forbes,,Jr. and the Bank of Hampton Roads Permit #{ 61-13
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior 'to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level. _ .
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
13-0242.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW 2013-00564.
FEB 2 0 2013
Project Narrative
Mr. J. Howard Forbes, Jr. is the owner of a farm which borders the Currituck Sound in
Poplar Branch, N.C. The outlet end of his main drainage ditch has become filled in and
will no longer properly drain his field. This proposed project is to clean out his farm ditch
and re-establish the proper drainage for his field. He plans to hire a backhoe to walk or
straddle the existing ditch from the back of his field at the edge of the woods to the
shoreline of the Currituck Sound, a distance of 153 feet. The backhoe will then clean the
ditch bottom, approximately six to eight inches of sand, and place it upon the existing old
spoil pile which lies adjacent to the north side of the ditch. The amount of material to be
added to the old spoil pile will be six inches deep at it's highest point tapering down to
nothing at the outer edge thus no run-off will be expected. This will be the prescribed
manner of operation until the upland is reached and is no longer within the Corps Of
Engineers' wetland jurisdiction, a distance of 113 feet. The ditch may then continue to
be cleaned placing the sand or material in the field for a distance sufficient to adequately
drain the field.
RECEIVED
MAR 11 2013
Di yrh".IiDCITY
APPLICATION for
FEB 2 0 2013
Major Development Permit - -
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary ApplicantiLandowner Information,
Business Name
Project Name (if applicable)
Applicant 1: First Name
John
MI
h
Last Name
Forbes, Jr.
Applicant 2: First Name
The Bank Of Fampton Roads
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
139 South Mills Road
Po Box -
city
Moyock
State
N.C.
ZIP
27958
Country ,
us
Phone No.
252 -435 - 6698 ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
2.AgentlContractor Information
Business Name
Agent/ Contractor 1: First Name
Charles
MI
E
Last Name
Brown III
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
2005 Johnson Road
PO Box
City
Elizabeth City
State
N.C.
ZIP
27909
Phone No. 1
252 - 335 - 0928 ext.
Phone No. 2
252 -333 -9304 ext.
FAX No.
Contractor If
NC
PIS - 2456
Street Address (if different from above)
City
Slate
ZIP
Email
chuckbrown,4embargmail.com
<Form continues on back>
252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net
Form DCM MP-1 (Page 2 of 4) ��I( I APPLICATION foF
I F E B 2 0 2013 f Major Development Permit
'4.
y3 Y 3
3pJgject Lacatiort
1 1S 3i. 44
t 3 y �r T �YY L�kT y
..�y5yh F yyx ]
'R xy1 is
3
ter. tfas,tr_..., --� t ��'�„F''� ..r +e �?', •�, a �t-.. U
_'.?r
County (can be multiple) Street Address
State Rd. #
Currituck Tax Parcel 009200000870000
1137
ZW= ri=Name
City
State
Zip
Farm Land-- Agricultural Use
Poplar Branch
N.C.
27965
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Ditch
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
[]Natural ®Manmade []Unknown
Currituck Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Currituck County
4ti
> 3`��+w �. `9 _. tf.ry 'a3 ..l�aAR)Al rs-. ,.-».e. Mr � .. h �a s...F� `Fw � _ .^��' . ,�az'"w. � • -v��"-. s v r"e _T
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
Forbes Property: 16501 Bank Property: 265
t Forbes: 50 Ac. Bank: 88 Ac.
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high wafer) or
NWL (normal water level)
(Ifmany lot sizes, please attach additional page with a list)
❑NHW or ZjNWL 21 tp3 r
e. vegetation on tract Wetland: ';flooded, scattered - mostly pine and gum
High Ground: Hardwood
Farmland; Vegetation and grasses
f. Man-made features and uses now on tract Forbes Property: Field for Agriculture.
Bank of Hampton Roads Property: Proposed Residential.
g. Identify and describe the existing land uses adiacent to the proposed project site.
North of Forbes Property: Mostly woodland with some Agriculture.
South of Bank Property: Woodland
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
Single Family
E)Yes [JNo ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes K]No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes [NNo ❑NA
If yes, by whom?
I. Is the proposed project located In a National Registered Historic District or does it involve a []Yes MNo []NA
National Register listed or eligible properly?
<Form continues on next page>
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- Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
K]Yes
❑No
(ii) Are there coastal wetlands on the site?
[]Yes
ONO
(III) If yes to either (1) or (ii) above, has a delineation been conducted?
tf Yes
❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities
r--
- - -�
I
FEB
2 0 20-
o. Describe existing drinking water supply source.
'
p. Describe existing storm water management or treatment systems.
------------______
5. Activities and Impacts -
a.
Will the project be for commercial, public, or private use? '❑Commercial ❑Public/Government
' (]Private/community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Clean out the farm ditch to re-establish drainage for the field.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Backhoe to straddle existing ditch, clean out bottom of ditch and place excavated
material on old spoil site adjacent to ditch, and re-establish drainage for farm.
d.
List all development activities you propose.
Open drainage ditch.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance of existing ditch.
I.
What is the approximate total disturbed land area resulting from the proposed project? 7i liSq.Ft or []Acres
1,200
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes []No ®NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
After completion - will discharge agricultural field runoff into sound.
I.
Will wastewater or stormwater be discharged into a wetland? ❑Yes ESNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA
j.
Is there any mitigation proposed? []Yes @No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalm2nagement.net
Form DCM MP-1 (Page 4 of 4)
APPLICATION for —
Major Development Permit
'!n„addrtlontoGrrscpmplefedapphcahonto>In (MP.`-f)the-/oTYowingltems below�r/apQTlcabre mustbespbmltledlndrderforiheapphcaham"
�^package(o bercompTefe�lfer�rs(aJ^.,{dare a)ways apphcablerto anpmaTor development a`pphcahar,F)easeconsuttthe appllcahonhn^�, ""
rrrtst�chon.booktatarahowioproper(y�prepareUte:,ragurredltemsbe%ry4x3��j;��.,�r.�,..�ty�-, �e+&�5 }�z;�?,��. t���'-�,x,p,r 1N��)�"
a. A project narrative.
b..An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. 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.
.(Jartte
�,�
rv�."�,p2a
Name John C. Gallop, Jr. Phone No.
Address 4524 Hampshire Ave. Norfolk, Va. 23513 757 855 3845
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and Issuing dates.
h., Signed consultant or agentauthorization torn, if applicable. I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
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 the conditions and restrictions contained in the permit.
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.
Date -A • /A . z o /3 Print Name P Al¢L& s -z�)o u 1 el 'tT
Signature
Please indicate application attachments pertaining to your proposed project.
XDCM MP-2 Excavation and RII Information ❑DCM MP-5 Bridges and
❑DCM MP-3 Upland Development
❑DCM MP4 Structures Information
FEB
2 0 2013
252-808-2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net
- _)
Form DCM MP-2 I FEB 2 0 2013 I
EXCAVATION and FILL — - ---- �I
(Except for 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. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
90'
Width
'
Avg. Existing
NA
NA
0' 3�
Depth
Final Project
NA
NA
r7
Depth
t
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
7 du Vd s sss�lyp
c. (i) Does the area to be excavated include coastal wetlandslmarsh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
OWL 4�W ❑None
(ii) Describe the purpose of the excavation in these areas:
R04)RE ddeav c —
i2eroJrJta-T dJ u.'d .�uniD
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area. I I
sp�;l strE AlAt�4 snA�9 diki
c. (i) Do you claim title to disposal area?
Nr{.D a
f4Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (I) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SS),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ANone
(ii) Describe the purpose of disposal in these areas:
❑This section not applicable
Dimensions of disposal area.
/0' A 8 4
d. (I) Will a disposal area be available for future maintenance?
JoYes ❑No ❑NA
(ii) If yes, where? �n I
Old SP011 i,')C RAID 1n1 41 �/ELoL
I. (i) Does the disposal include any area in the water?
Oyes 'WNo DNA
(ii) If yes, how much water area is affected?
252-808-2806 :: t-8884RCOAST :: w ,w.nccoastalmanaremen:.net revmed: 12126106
Poem DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION This section not applicable
(lf development is a wood groin, use MP-4— Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other._ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkheadbackfili_ Riprap_
Breakwater/Sill_ Other_
f. Source of fill material.
Stabilizatlort)
a. (i) Will fill material be brought to the site?
If yes,
(it) Amount of material to be placed in the water
(iii) Dimensions of fill area
(IV) Purpose of fill
I. (I) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No ❑NA
(It) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material. i r---
a. How will excavated or fill material be kept an site and erosion b.
controlled? 11
L C o IL
Al E ;2r,4 /r✓ 11GS d e� uJ 1 I �o u oGG
c. (1) Will navigational aids be required as a result of the project? d.
❑Yes JoNo ❑NA
(Ii) It yes, explain what type and how they will be implemented.
section not applicable
(I) Will fill material be placed in coastal wellands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes ere checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL []None
(it) Descdbe the purpose of the fill in these areas:
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
18Rnkd"'e
(I) Will wetlands be crossed in transporting equipment to project
site? MYes ❑No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
AAnkAoe 4 S.TRAypLE PrTPN RAtv work
Roo Sounl-n -ro Mag Ladn
FEP /9 7 Za/3 C�l{A2LES 13gpw -7a�
Data Applicant Name
FARM QTcA C-LEAd —QUT /1 J q-
ProjectName Applicant Signature
n�n ano nano revised: 12126/06
CAMA MAJOR DEVELOPMENT PERMIT APPLICATION
6 I? I El FOR
� JOHN HOWARD FORBES, JR.
FEB 0 2013
ENLARGEMENT °A"
1 10 20 30 40 60 80
SCALE I INCH = 20 FEET
SHpRECIN�\ -
-0.7,
S
1UNO
v
PROPOSED
DREDGE AREA
3o CAMA
w DISTURBANCE
LIMIT
14' WIDTH )
/ }S' AEC `EDGE OF DITCH
/ /
\ /p,
\ ,2, THE PROPERTY LINE
�+ JRB.ETWEEN J. HOWARD FOR
AND THE BANK OF HAN
TON ROADS IS THE CENTEF
2 a O� \\\\\\ r / �OF THE EXISTING DITCH,
0
v '
u
11 ` `iQ2o.
wETLANp
/ UPLA
Iko0o ND RECEIVED
\ / , ��. MAR 11 2013
CITY
T\\ / cb
2 0C9
FO
0 CHARLES BROWN Ian
�.• PLS 2456
4�,2�J PE 28954
, �.�qN CAgo�
/12Ce .,.
m O O FESSIp • r'p
y 2Q=�r \```\\QL�HIICAOlr�.f QQo
SEAL
��'9
�20.0�ESSIpy -4;"� ni L-2456 �•'
cwSEA. RP M 9r . -'+„S S <yyft
pQ� J-
Ir
�'r�9.P•�'rGINE�p.' �� � ��gnii�N` �
Ile
s
SHEET 2 OF 3
CO SO � 17 17-
CAMA MAJOR DEVELOPMENT PERMIT APPLICATION
FOR
JOHN HOWARD FORBES, JR.
ENLARGEMENT "B"
0 0.5 1 2 3
VERTICAL SCALE I INCH= I FOOT
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SHEET 3 OF 3
FB 59-17 12-13
RECEIVED
MAR 11 2013
nl�ad l"lrmc,Ty
GAMA,'.MAJOR DEVELOPMENT PERMIT APPLICATION
R
REC E1VD JOHN HOWARDFORBES) JR.
FFEB 0 2013 CURRITUCK COUNTY, NORTH CAROLINA
POPLAR BRANCH TOWNSHIP
COASTAL 4ANACEM"E:W BEING PROPERTY IDENTIFIED AS TAX PARCEL 009200000870000
ELIZA.'ElH CI IY AND ALSO DESCRIBED IN DEED BOOK 70, PAGE 305 AND 306.
`SCALE I INCH = 600 FEET JAN 2622013
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JOHN E. GUARD, JR. ESTATE
PARCEL No. 009200000860000
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SHEET I OF 3
FB 59 - It 12-13
North Carolina
Pat McCrory
Governor
John H. Forbes, Jr.
The Banks of Hampton Roads
139 South Mills Rd.
Moyock, N.C. 27958
Dear Sir or Madam:
W-9y;�A
NCDENR
Department of Environment and
Division of Coastal Management
Braxton C. Davis
Director
May 16, 2013
Natural Resources
John E. Skvarla, III
Secretary
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, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires 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.
Sincerely,
v H
ouglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net
An Equal Opportunity k Affirmative Action Employer
0
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: John H. Forbes, Jr. & The Bank of South Hampton Roads
2. LOCATION OF PROJECT SITE: Located along the common property line between
Parcel ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road
(SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound.
Photo Index
2006: 189-7101 (1 9) 2000: 189-2308 (1,J 9) 1995: 189-1998 (H,I 15)
1989: 138-33 (K 5) 1984: 127-697 (J 20) 1978: 137-438 (0 5,6)
State Plane Coordinates - X: 2916550 Y: 941410
Lat/Long: 36.29708080,-75.88948540 Quadrangle: Coinjock, NC, L.R.
3. INVESTIGATION TYPE: CAMA / Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/28/2013
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete — 2/25/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Limited Service Area and Conservation
(B) AEC(s) Involved: Estuarine Shoreline (ES), Estuarine Waters (EW), Public Trust
Area (PTA)
(C) Water Dependent: Yes
(D) Intended Use: Private
(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, square feet (SF)]
DREDGED FII I FD DISTIIRRFn
(A) 404 Wetlands
±420 SF
±1,162 SF
-spoil site within
±450 SF
(B) Shallow Bottom PTA, EW AEC's
±120 SF
Estuarine Shoreline AEC
±1,050 SF
(C) Upland Area (Along Ditch)
±560 SF
-spoil site within
±400 SF
(D) Total Area Disturbed: ±3,112 SF
(E) Primary Nursery Area: No
(F) Water Classification: SC
(Note: ES and 404 wetland disturbance overlaps)
Open to Shellfishing: No
John H. Forbes, Jr. & The Bank of South Hampton Roads
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant's propose to excavate an existing drainage
ditch through USACE 404-wetlands and remove a plug that has caused the ditch to
naturalize and disconnect it from the Currituck Sound.
Project Setting
The project site is located at an existing drainage ditch that has a top bank width of ±10' and a
water width of ±6'. The centerline of the ditch is the common property line between Parcel ID
#'s 009200000870000 (John H. Forbes, Jr.) & 0093000095B0000 (Bank of Hampton Roads)
located on the east side of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent
to the Currituck Sound.
Parcel ID #009200000870000 is located on the north side of the ditch and is ±50 acres in size.
This property has ±24 acres of agricultural fields with the remainder being a mix of 404-
wetlands and highground woodlands. Parcel ID #0093000095130000 is located on the south
side of the ditch, is ±88 acres in size and is the site of the Currituck Crossing Subdivision.
Subdivision infrastructures such as roads and stormwater ponds have been constructed;
however, only one of the sellable lots has been developed. An area designated as open space
borders the project site near the Currituck Sound. Elevations within the project area range from
±1 footwithin the shoreline area to ±3 feet in the upland area and gradually increase moving to
the west. According to the USDA's Natural Resources Conservation Service's Web Soil
Survey, the soil within the project area is made up of portsmouth fine sandy loam and conetoe
loamy sand. Based on available information, there appears to be no archaeological sites on
Parcel ID#009200000870000; however, the tract of land that the Currituck Crossing
Subdivision is located on is known as the Baum site and has been the location of several
archaeological studies dating back to 1972. The office of Archives and History has identified
two sites on the property and identified them as 31CK194 and 31CK129.
The previously mentioned drainage ditch that separates the two parcels originates on the west
side of Aydlett Road where it serves as drainage for agriculture fields. It then passes under
Aydlett Road via a culvert and continues to the east in a straight line for ±1,276' separating a
large agriculture field from the subdivision. At this point, the ditch enters a highground wooded
area. Approximately 40' past the tree line the ditch then enters a USACE delineated 404
wetland. area and continues for ±100' where it then ends ±15' short of the Currituck Sound
where sand and debris have accumulated forming a plug that is 1 foot in elevation above NWL.
On the landward side of the plug, drainage water has formed a ±55'x10' wide shallow pooled
area in which Phragmites and 404-wetland plant species have rooted and are growing within.
The bottom substrate within this area of the ditch is made up of sand, detritus and silt. The plug
area is made up of sand and is vegetated with Phragmites. The adjacent shoreline to the north
of the ditch is natural and wooded up to the water's edge with fallen trees and stumps within
the water. The adjacent shoreline to the south is natural and was previously cleared, but is now
vegetated with Phragmites, pine saplings, groundsel bushes and other various woody and 404
wetland plants.
An old spoil area is located on the north side of the ditch and extends from the tree line towards
the Currituck Sound for a length of ±85' and a width of ±10'. Approximately 45' of the spoil area
is located within the 404-wetland area.
1
John H. Forbes, Jr. & The Bank of South Hampton Roads
Field Investigation Report
Page 3
The adjacent properties to the north and south of the subject parcels are similar in nature and
are largely wooded with some agriculture fields and have similar shorelines to that of parcel ID
#009200000870000.
The Division of Environmental Management classifies the waters within this area of the
Currituck Sound as SC and it is closed to shellfish taking. Water depths within the project area
in the Currituck Sound range from 0 feet at NWL to ±0.7 feet below NWL and the bottom
substrate is made up of fine sands. Submerged Aquatic Vegetation (SAV) was not observed
growing within the project area, but it is present within the surrounding waters.
Development Proposal
In order to facilitate drainage and eliminate stagnant water, the applicant's propose to dredge
out a section of the existing ditch along the common property line and re-establish the
connection to the Currituck Sound. A ±70' x 6' section will be dredged through the 404-wetland
area to the shoreline and then continue another ±20' within the waters of the Currituck Sound
to reach an adequate connecting depth of -0.7 feet.
The dredging will be performed through the use of a backhoe that will straddle the existing ditch
at the upland tree line and then work its way 153' to the shoreline area where it will begin
dredging the Sound and ditch of 6 to 8 inches of material below NWL as it moves inland. The
spoils will be placed on the existing spoil pile and/or within the highground fields.
In addition to the dredging, the applicant's have indicated the remaining length of ditch
extending to Aydlett Road will be cleaned of any blockages and debris as needed.
Anticipated Impacts
• The proposed dredging out of the existing ditch will result in ±7 cubic yards of spoil material
being removed from within the ditch and the Currituck Sound.
• The proposed dredging out of the existing ditch will result in ±5.6 cubic yards of material
being removed from above NWL.
• The proposed dredging of the ditch will result in the disturbance of ±1,050 sf within the
Estuarine Shoreline AEC.
• The proposed dredging within the Currituck Sound will result in the shallow bottom
disturbance of ±120 sf within the Estuarine Waters and Public Trust Area AEC's.
• The proposed dredging of the ditch will result in the disturbance of ±1,582 sf within 404-
wetlands.
• Temporary water turbidity will occur during ditch dredging.
Submitted by: Ron Renaldi
Date: 3/1 /2013
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: John H. Forbes, Jr., & The Bank of Hampton Roads County: Currituck
LOCATION OF PROJECT: Along common property line, off Aydlett Road in Poplar Branch
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 02/25/13
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: t Date:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: Advertise: 03/10/13
ADJ. RIP. PROP NOTICES REC'D:
FEE REC'D: $ 400 (60/40%)
END OF NOTICE DATE: Comments due: 03/30/13
DEED RECV:
APPLICATION ASSIGNED TO: &V vvI , ON: 3/ I Z;,�i3
C) 75 DAY DEADLINE: 05/11/13
MAIL OUT DATE: Circulation: 'D310'91/3
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE
150 DAY DEADLINE:
STATE DUE DATE: Comments due: 631,8113
FED COMMENTS RECD:
DENY
DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
— I
Coastal Management - LUP Consistency
— >,
Division of Community Assistance
2
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
4-1
Division of Archives & History
Division of Environmental Health
3.1
Division of Highways
Wildlife Resources Commission
Local Permit Office
_ t
Division of Marine Fisheries
Z V
✓Al
Corps of Engineers
f�—l�
' Zoe — pcg-G
Project Name J U
Assigned to 6-ewl-J ,
Assigned on
3/ / Z//,?
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator,
Date reviewed by other Assistant Major Permits Coordinator
Prepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
Other
Written approval from DWCbi )/is not required for this project.
A p�
KCDEE- R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director BECEIyEE13 Secretary
' .
March 7, 2013 MAR 18 2013
MEMORANDUM
TO:
6Yt1:111 DIQ In
Applicant:
Project Location:
Tiffany Sanders, Local Permit Officer
Currituck County
—Tiftfluggett „n"r'� 'r► —
Major Permits Processing Coordinator
DCU-MAD clry
CAMA/DREDGE & FILL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
East side of Aydlett Road in Poplar Branch, Currituck County
Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED P�(S DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Acton Employer
FI 0
KDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
THROUGH: Frank Jennings, District Manager TAP
FROM: Ron Renaldi, Field Representative RAf--
DATE: March 11, 2013
Dee Freeman
Secretary
SUBJECT: John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit
Recommendations
The applicant's propose to excavate an existing drainage ditch through USACE 404-wetlands
and remove a plug that has caused the ditch to naturalize and disconnect it from the Currituck
Sound.
The site of the proposed development is located along the common property line between Parcel
ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road (SR#1137), Poplar
Branch, Currituck County, adjacent to the Currituck Sound.
The development proposal involves the Estuarine Waters (EW), Public Trust Area (PTA), and
Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
15A NCAC 07H.0203 Management Objective ofthe Estuarine and Ocean System
It is the objective of the Coastal Resources Commission to conserve and manage estuarine
waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an
interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic,
and aesthetic values and to ensure that development occurring within these AECs is compatible
with natural characteristics so as to minimize the likelihood of significant loss of private property
and public resources. Furthermore, it is the objective of the Coastal Resources Commission to
protect present common-law and statutory public rights of access to the lands and waters of the
coastal area.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
RECEIVED
MAR 15 201WVVIA(rally
"Carolina
DTV-Nn") CITY
Doug Hugget, Major Permit Coordinator
John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations
March 11, 2013
Page 2
Consistent: The proposed development is consistent with the intent of this rule.
07H.0206 Estuarine Waters
(c) Management Objective. To conserve and manage the important features of estuarine waters
so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to
coordinate and establish a management system capable of conserving and utilizing estuarine
waters so as to maximize their benefits to man and the estuarine and ocean system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management
objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine
waters and their vital components. Second priority of estuarine waters use shall be given to
those types of development activities that require water access and use which cannot function
elsewhere such as simple access channels; structures to prevent erosion; navigation channels;
boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular
location, use, and design characteristics shall be in accord with the general use standards for
coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208.
Consistent: The proposed development is consistent with the intent of this rule.
07H. 0207 Public Trust Areas
(c) Management Objective. To protect public rights for navigation and recreation and to
conserve and manage the public trust areas so as to safeguard and perpetuate their biological,
economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which
jeopardizes the capability of the waters to be used by the public for navigation or other public
trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent
erosion, and the building of piers, wharfs, or marinas are examples of uses that may be
acceptable within public trust areas, provided that such uses shall not be detrimental to the public
trust rights and the biological and physical functions of the estuary. Projects which would
directly or indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish waters are considered incompatible with the
management policies of public trust areas. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas.
Consistent: The proposed development * Enwtent with the intent of this rule.
MAR 15 2013
DCM-MffD CTTY
Doug Hugget, Major Permit Coordinator
John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations
March 11, 2013
Page 3
15A NCAC 07H. 0208 Use Standards
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Consistent: The proposed development is water dependent.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse
impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning
and nursery areas.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(B) states that development shall comply with state and federal water and air
quality standards.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(D) states that development shall not increase siltation.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(E) states that development shall not create stagnant water bodies.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts
on life cycles of estuarine and ocean resources.
Consistent: The proposed development will be consistent subject to Standard Permit
Conditions.
Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for
navigation or for other public trust rights in public trust areas including estuarine waters. RECEIVED
Consistent: The proposed development is consistent with the intent of this rule. MAR 15 2013
DCM-,"D Ci LY
Doug Hugget, Major Permit Coordinator
John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations
March 11, 2013
Page 4
Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (3) Drainage Ditches,
pertains to this project, and those subparagraphs not listed are not applicable to this project.
Subparagraph (3)(A) states that drainage ditches located through any coastal wetland shall not
exceed six feet wide by four feet deep (from ground surface) unless the applicant shows that
larger ditches are necessary.
Consistent: The proposed development is consistent with the intent of this rule. The ditch
will not be more than six feet in width and will affect 404-wetlands only.
Subparagraph (3)(B) states that dredged material derived from the construction or maintenance
of drainage ditches through regularly flooded marsh shall be placed landward of these marsh
areas in a manner that will insure that entry of sediment into the water or marsh will not occur.
Dredged material derived from the construction or maintenance of drainage ditches through
irregularly flooded marshes shall be placed on non -wetlands wherever feasible. Non -wetland
areas include relic disposal sites.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (3)(C) states that excavation of new ditches through high ground shall take place
landward of an earthen plug or other methods to minimize siltation to adjacent water bodies.
Consistent: The proposed excavation is maintenance of an existing ditch.
Subparagraph (3)(D) states that drainage ditches shall not have a significant adverse impact on
primary nursery areas, productive shellfish beds, submerged aquatic vegetation as defined by the
MFC, or other estuarine habitat. Drainage ditches shall be designed so as to minimize the effects
of freshwater inflows, sediment, and the introduction of nutrients to receiving waters. Settling
basins, water gates and retention structures are examples of design alternatives that may be used
to minimize sediment introduction.
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0209 Coastal Shorelines
(c) Management Objective. The management objective is to ensure that shoreline development
is compatible with the dynamic nature of coastal shorelines as well as the values and the
management objectives of the estuarine and ocean system. Other objectives are to conserve and
manage the important natural features of the estuarine and ocean system so as to safeguard and
perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a
management system capable of conserving and utilizing these shorelines so as to maximize their
benefits to the estuarine and ocean system and the people of North Carolina.
RECEIVED
Consistent: The proposed development is consistent with the intent of this rule.
MAR 15 Z013
DCM-MHD CITY
Doug Hugget, Major Permit Coordinator
John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations
March 11, 2013
Page 5
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. These uses shall be limited to those types of development activities
that will not be detrimental to the public trust rights and the biological and physical functions of
the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid,
mitigate or reduce adverse impacts of development to estuarine and coastal systems through the
planning and design of the development project. In every instance, the particular location, use,
and design characteristics shall comply with the general use and specific use standards for
coastal shorelines, and where applicable, the general use and specific use standards for coastal
wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
Development shall be compatible with the following standards:
(1) All development projects, proposals, and designs shall preserve and not weaken or eliminate
natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum
protective fringe areas adjacent to vulnerable shorelines.
Consistent: The proposed development is consistent with the intent of this rule.
(2) All development projects, proposals, and designs shall limit the construction of impervious
surfaces and areas not allowing natural drainage to only so much as is necessary to adequately
service the major purpose or use for which the lot is to be developed. Impervious surfaces shall
not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively
demonstrate, through innovative design, that the protection provided by the design would be
equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas
exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are
not increased and the applicant designs the project to comply with the intent of the rule to the
maximum extent feasible.
Consistent: The proposed development is consistent with the intent of this rule.
(3) All development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along the
margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of
the buffer zone nearest the land disturbing development.
Consistent: The proposed development is consistent with the intent of this rule.
(B) No development project proposal or design shall permit an angle for graded slopes or fill
which is greater than an angle which can be retained by vegetative cover or other erosion -control
devices or structures.
Consistent: The proposed development is consistent with the intent of this rule. ggCERrgD
MAR 15 2013
DCM-MHD CITY
Doug Hugget, Major Permit Coordinator
John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations
March 11, 2013
Page 6
(C) All development projects, proposals, and designs which involve uncovering more than one
acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of
completion of the grading; provided that this shall not apply to clearing land for the purpose of
forming a reservoir later to be inundated.
Consistent: The proposed development is consistent with the intent of this rule.
(4) Development shall not have a significant adverse impact on estuarine and ocean resources.
Significant adverse impacts include development that would directly or indirectly impair water
quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or
cause degradation of shellfish beds.
Consistent: The proposed development is consistent with the intent of this rule.
(5) Development shall not interfere with existing public rights of access to, or use of, navigable
waters or public resources.
Consistent: The proposed development is consistent with the intent of this rule.
(7) Development shall not cause irreversible damage to valuable, historic architectural or
archaeological resources as documented by the local historic commission or the North Carolina
Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
(8) Established common-law and statutory public rights of access to the public trust lands and
waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
Consistent: The proposed development is consistent with the intent of this rule.
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new
development shall be located a distance of 30 feet landward of the normal water level or normal
high water level, with the exception of the following:
(A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;
Consistent: The proposed development is consistent with the intent of this rule.
(G) Grading, excavation and landscaping with no wetland fill except when required by a
permitted shoreline stabilization project. Projects shall not increase stormwater runoff to
adjacent estuarine and public trust waters; RECEWM
Consistent: The proposed development is consistent with the intent of this rule.MAR 15 2013
DCM MHD CITY
Doug Hugget, Major Permit Coordinator
John H. Forbes, Jr. & The Bank of South Hampton Roads Major Permit Recommendations
March 11, 2013
Page 7
15A NCAC 07H.0601 No Violation ofAny Rule
No development shall be allowed in any AEC which would result in a contravention or violation
of any rules, regulations, or laws of the State of North Carolina or of local government in which
the development takes place.
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0602 Pollution of Waters
No development shall be allowed in any AEC which would have a substantial likelihood of
causing pollution of the waters of the state in which shellfishing is an existing use to the extent
that such waters would be officially closed to the taking of shellfish. This rule shall also apply to
development adjacent to or within closed shellfish waters when a use attainability study of those
waters documents the presence of a significant shellfish resource in an area that could be
expected to be opened for shellfishing given reasonable efforts to control the existing sources of
pollution.
Consistent: The proposed development is consistent with the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application and plans, I recommend a Major Permit be issued to H. Forbes, Jr. & The
Bank of South Hampton Roads with the standard permit conditions associated with Drainage
Ditches. I also recommend that the following specific conditions be added to the permit:
(1) A condition stating that a turbidity curtain shall be in place across the mouth of the ditch
while excavation occurs.
(2) A condition that will indicate a length of time that the turbidity curtain shall remain in
place after ditch excavation concludes.
(3) A silt fence shall be properly installed around the relic spoil site to prevent
sedimentation into the wetland area.
(4) A pre -construction meeting is required before any development occurs.
RECEIVED
MAR 15 2013
DCM-MHD CITY
do
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder
Governor Director
March 13, 2013
MEMORANDUM:
To: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce AOvenue
Morehead City, NC 28557
From: David Tuten, Environmental Engineer, PWSS/WaRO
Subject: CAMA/DREDGE & FILL Permit Application Review
Applicant: John H. Forbes, Jr., & The Bank of Hampton Roads
Project Location: East side of Aydlett Road in Poplar Branch, Currituck County
John E. Skvarla III
Secretary
gRECEIVED
MAR 15 2013
DC 14-MHD CITY
Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound
REPLY: X This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
Comments:
• Proposed project should not impact any portable water sources.
• Engineers and contractor should be aware of utility locations within the project area. Please
contact the local water utility to assist with the location of existing water mains in or near the
project area.
SIGNED �—
Public Water Supply Section — Jessica C, Godreau, P.E., BCEE, Chief
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 \ FAX: 252-948-00401 Internet: www.ncwater.org/pws/
An Equal Oppotlunily 1 Affinafive Action Employer
DATE ) }�ap r 3
0
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: John H. Forbes, Jr. & The Bank of South Hampton Roads
2. LOCATION OF PROJECT SITE: Located along the common property line between
Parcel ID numbers 009200000870000 & 0093000095B0000 off of Aydlett Road
(SR#1137), Poplar Branch, Currituck County, adjacent to the Currituck Sound.
Photo Index
2006: 189-7101 (1 9) 2000: 189-2308 (1,J 9) 1995: 189-1998 (H,I 15)
1989: 138-33 (K 5) 1984: 127-697 (J 20) 1978: 137-438 (0 5,6)
State Plane Coordinates - X: 2916550 Y: 941410
Lat/Long: 36.2970808°,-75.8894854' Quadrangle: Coinjock, NC, L.R.
3. INVESTIGATION TYPE: CAMA / Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/28/2013
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete — 2/25/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Limited Service Area and Conservation
(B) AEC(s) Involved: Estuarine Shoreline (ES), Estuarine Waters (EW), Public Trust
Area (PTA)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A RECEtvI D
Planned - N/A
(F) Type of Structures: Existing — N/A MAR 15 2013
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A DCMMHDCITy
Source — N/A
7. HABITAT DESCRIPTION: [AREA, square feet (SF)]
DREDGED FILLED DISTURBED
(A) 404 Wetlands
±420 SF
±1,162 SF
-spoil site within
±450 SF
(B) Shallow Bottom PTA, EW AEC's
±120 SF
Estuarine Shoreline AEC
±1,050 SF
(C) Upland Area (Along Ditch)
±560 SF
-spoil site within
±400 SF
(D) Total Area Disturbed: ±3,112 SF
(E) Primary Nursery Area: No
(F) Water Classification: SC
(Note: ES and 404 wetland disturbance overlaps)
Open to Shellfishing: No
John H. Forbes, Jr. & The Bank of South Hampton Roads
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant's propose to excavate an existing drainage
ditch through USACE 404-wetlands and remove a plug that has caused the ditch to
naturalize and disconnect it from the Currituck Sound.
Project Setting
The project site is located at an existing drainage ditch that has a top bank width of t10' and a
water width of t6'. The centerline of the ditch is the common property line between Parcel ID
#'s 009200000870000 (John H. Forbes, Jr.) & 0093000095B0000 (Bank of Hampton Roads)
located on the east side of Aydlett Road (SR#1137), Poplar Branch, Currituck County, adjacent
to the Currituck Sound.
Parcel ID #009200000870000 is located on the north side of the ditch and is ±50 acres in size.
This property has ±24 acres of agricultural fields with the remainder being a mix of 404-
wetlands and highground woodlands. Parcel ID #0093000095130000 is located on the south
side of the ditch, is ±88 acres in size and is the site of the Currituck Crossing Subdivision.
Subdivision infrastructures such as roads and stormwater ponds have been constructed;
however, only one of the sellable lots has been developed. An area designated as open space
borders the project site near the Currituck Sound. Elevations within the project area range from
t1 foot within the shoreline area to t3 feet in the upland area and gradually increase moving to
the west. According to the USDA's Natural Resources Conservation Service's Web Soil
Survey, the soil within the project area is made up of portsmouth fine sandy loam and conetoe
loamy sand. Based on available information, there appears to be no archaeological sites on
Parcel ID#009200000870000; however, the tract of land that the Currituck Crossing
Subdivision is located on is known as the Baum site and has been the location of several
archaeological studies dating back to 1972. The office of Archives and History has identified
two sites on the property and identified them as 31CK194 and 31CK129.
The previously mentioned drainage ditch that separates the two parcels originates on the west
side of Aydlett Road where it serves as drainage for agriculture fields. It then passes under
Aydlett Road via a culvert and continues to the east in a straight line for t1,276' separating a
large agriculture field from the subdivision. At this point, the ditch enters a highground wooded
area. Approximately 40' past the tree line the ditch then enters a USACE delineated 404
wetland area and continues for t100' where it then ends t15' short of the Currituck Sound
where sand and debris have accumulated forming a plug that is 1 foot in elevation above NWL.
On the landward side of the plug, drainage water has formed a t55'x10' wide shallow pooled
area in which Phragmites and 404-wetland plant species have rooted and are growing within.
The bottom substrate within this area of the ditch is made up of sand, detritus and silt. The plug
area is made up of sand and is vegetated with Phragmites. The adjacent shoreline to the north
of the ditch is natural and wooded up to the water's edge with fallen trees and stumps within
the water. The adjacent shoreline to the south is natural and was previously cleared, but is now
vegetated with Phragmites, pine saplings, groundsel bushes and other various woody and 404
wetland plants.
An old spoil area is located on the north side of the ditabmrdoxtends from the tree line towards
the Currituck Sound for a length of ±85' and a width of t10'. Approximately 45' of the spoil area
is located within the 404-wetland area. MAR 15 2013
DCM-MHDCrry
John H. Forbes, Jr. & The Bank of South Hampton Roads
Field Investigation Report
Page 3
The adjacent properties to the north and south of the subject parcels are similar in nature and
are largely wooded with some agriculture fields and have similar shorelines to that of parcel ID
#009200000870000.
The Division of Environmental Management classifies the waters within this area of the
Currituck Sound as SC and it is closed to shellfish taking. Water depths within the project area
in the Currituck Sound range from 0 feet at NWL to ±0.7 feet below NWL and the bottom
substrate is made up of fine sands. Submerged Aquatic Vegetation (SAV) was not observed
growing within the project area, but it is present within the surrounding waters.
Development Proposal
In order to facilitate drainage and eliminate stagnant water, the applicant's propose to dredge
out a section of the existing ditch along the common property line and re-establish the
connection to the Currituck Sound. A ±70' x 6' section will be dredged through the 404-wetland
area to the shoreline and then continue another ±20' within the waters of the Currituck Sound
to reach an adequate connecting depth of -0.7 feet.
The dredging will be performed through the use of a backhoe that will straddle the existing ditch
at the upland tree line and then work its way 153' to the shoreline area where it will begin
dredging the Sound and ditch of 6 to 8 inches of material below NWL as it moves inland. The
spoils will be placed on the existing spoil pile and/or within the highground fields.
In addition to the dredging, the applicant's have indicated the remaining length of ditch
extending to Aydlett Road will be cleaned of any blockages and debris as needed.
Anticipated Impacts
• The proposed dredging out of the existing ditch will result in ±7 cubic yards of spoil material
being removed from within the ditch and the Currituck Sound.
• The proposed dredging out of the existing ditch will result in ±5.6 cubic yards of material
being removed from above NWL.
• The proposed dredging of the ditch will result in the disturbance of ±1,050 sf within the
Estuarine Shoreline AEC.
• The proposed dredging within the Currituck Sound will result in the shallow bottom
disturbance of ±120 sf within the Estuarine Waters and Public Trust Area AEC's.
• The proposed dredging of the ditch will result in the disturbance of ±1,582 sf within 404-
wetlands.
• Temporary water turbidity will occur during ditch dred i
renq.
Submitted by: Ron Renaldi MAR 15 2013
Date: 3/1 /2013
DCM-MFID CITY
Project Narrative
Mr. J. Howard Forbes, Jr. is the owner of a farm which borders the Currituck Sound in
Poplar Branch, N.C. The outlet end of his main drainage ditch has become filled in and
will no longer properly drain his field. This proposed project is to clean out his farm ditch
and re-establish the proper drainage for his field. He plans to hire a backhoe to walk or
straddle the existing ditch from the back of his field at the edge of the woods to the
shoreline of the Currituck Sound, a distance of 153 feet. The backhoe will then clean the
ditch bottom, approximately six to eight inches of sand, and place it upon the existing old
spoil pile which lies adjacent to the north side of the ditch. The amount of material to be
added to the old spoil pile will be six inches deep at it's highest point tapering down to
nothing at the outer edge thus no run-off will be expected. This will be the prescribed
manner of operation until the upland is reached and is no longer within the Corps Of
Engineers' wetland jurisdiction, a distance of 113 feet. The ditch may then continue to
be cleaned placing the sand or material in the field for a distance sufficient to adequately
drain the field.
RECEIVED
MAR 15 2013
DCM-MAD CITY
oeM MP-1
APPLICATION for
'J
FEB 2 0 2013
Major Development Permit --
(last revised 12127106) -- -- �— —��
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
RECEIVED
Applicant 1: First Name
John
MI
H
Last Name
Forbes, Jr. MAR 15 2013
Applicant 2: First Name
The Bank Of Fampton Roads
MI
Last Name
DCM-MHDCITY
I/ additional applicants, please attach an additional page(s) with names listed.
Mailing Address
139 South Mills Road
PO Box
City
Moy ck
State
N.C.
ZIP
27958
Country ,
Us
Phone No.
252 -435 - 6698 "t
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
2. AgentlContractor Information
»; '
Business Name
Agent/ Contractor 1: First Name
Charles
MI
E
Last Name
Brown III
AgentlContractor 2: First Name
MI
Last Name
Mailing Address
2005 Johnson Road
PO Box
Ciry
Elizabeth City
State
N.C.
ZIP
27909
Phone No. 1
252 - 335 - 0928 ext.
Phone No. 2
252 -333 -9304 ext.
FAX No.
Contractor #
NC
PIS - 2456
Street Address (if different from above)
City
State
ZIP
Email
chuckbrownJembargmail.com
<Form continues on back>
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net
Form DCM IvIP-i (Page 2 of 4)
F E 8 2 0 2013�
APPLICATION for:
Major Development Permit
3. Project LocationMOM
County (can be multiple)
Street Address
State Rd. N
Currituck
Tax Parcel 009200000870000
1137
amillI MName
Clty
State
Zip
Farm Land - Agricultural Use
Poplar Branch
N.C.
27965
Phone No.
Lot No.(s) (if many, attach additional page Wth list)
ext.
I I I ,
a. In which NC river basin is the project located?
It. Name of body of water nearest to proposed project
Pasquotank
Ditch
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
Currituck Sound -
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Currituck County
A c
4. Sit Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
Forbes Property: 1650' Bank Property: 26
' Forbes: 50 Ac. Bank: 88 Ac.
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
❑NHW or [INWL 21 to 31
e. Vegetation on tract Wetland: Wooded, scattered - mostly pine and gum
High Ground: Hardwood
Farmland: Vegetation and grasses
I. Man-made features and uses now on tract Forbes Property: Field for Agriculture.
Bank of Hampton Roads Property: Proposed Residential.
g. Identify and describe the existing land uses ad'ac n to the proposed project site.
North of Forbes Property: Mostly woodland with some Agriculture.
South of Bank Property: Woodland
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
Single Family
EYes ❑No DNA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes k1No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [ANo ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
MAR 15 2013
252-808-2908 :: 1-0II8-4RCOAST :: www.nccoastatmanag®me""VCITY
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
K]Yes
❑No
(II) Are there coastal wetlands on the site?
[]Yes
ZNo
(III) If yes to either (i) or (ii) above, has a delineation been conducted?
tjYes
[]No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
77
- `) -
FEB
2 0 2013�
o. Describe existing drinking water supply source.
'
i
p. Describe existing stone water management or treatment systems.
L --- — -- ------
----._-_______�
5.'Activities and Impacts
a. Will the project be for commercial, public, or private use? '❑Commercial ❑Public/Government
INPrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Clean out the farm ditch to re-establish drainage for the field.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bac)choe to straddle existing ditch, clean out bottom of ditch and place excavated
material on old spoil site adjacent to ditch, and re-establish drainage for farm.
d. List all development activities you propose.
Open drainage ditch.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance of existing ditch.
I. What is the approximate total disturbed land area resulting from the proposed project? 1 200 jaSq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No BNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
After completion - will discharge agricultural field runoff into sound.
I. Will wastewater or stormwater be discharged into a wetland? ❑Yes E3No []NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA
j. Is there any mitigation proposed? ❑Yes BNo ❑NA
If yes, attach a mitigation proposal. RECEIVED
<Form continues on back>
MAR 15 2013
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagemeBC%. WDCTTy
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information..
In addition to this completed application torn, (MP-1) the tollowing items below, il'applicable, must be submitted In order for the application
package fo be'complete. Items (a)-:(lJare always' applicable toanymajor development application:.Please consultthe application
- instruction booklet on,how to properly prepare. the required items below. :
a. A project narrative.
b.. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. 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.
TOMLITI Phone o.
M.''Po
Name- John C. Gallop, Sr. Phone No.
Address 4524 Hampshire Ave. Norlfolk, Va. 23513 757 855 3845
Name >4 •s'";° `.' ^� � �. }- *§ "'� - Phona No -`� �'
�Addtass �s r. ¢,•� *" �„f#P'� �,yr�+tJ';,� .>y�,. g...v N rs p a� `ter ,.'r r i :1t x , a 4 h:%`' g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
h. Signed consultant or agent authorization form, if applicable.
1. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
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 the conditions and restrictions contained in the permit.
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.
Date -;te.h Print Name AAIAfALE -S oItJA/
Signature
Please indicate application attachments pertaining to your proposed project.
$DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and
❑DCM MP-3 Upland Development RECEIVED
❑DCM MP-4 Structures Information
MAR 15 2013
FEB 2 0 2013
I
DCM-MHD C1TY
252-808-2808 !: 1-888-4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-2
EXCAVATION and FILL
(Except for 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. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL
stabilization
Length
9D
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
6,7
Depth
11. EXCAVATION ❑This section not applicable
a.
or
cubic yards.
7 �u Yd s
c. (i) Does the area to be excavated include coastal wetlandslmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
,rv,'WL 4W ❑None
III) Describe the purpose of the excavation in these areas:
RDgIvE AdealiATFc -
Re.00nlnlECT di t wi)I t —&-punlD
to be excavated.
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. I / b. Dimensions of disposal area.
6� so pO srTE 41, EKisriliq d,� �pi x a4-'
1/iD IN tL e . 1c
C. (i) Do you claim title to disposal area? / d. (i) Will a disposal area be available for future maintenance?
PoYes ❑No DNA Yes ❑No DNA
(it) If no, attach a letter granting permission from the owner. (it) If yes, where?
old sen, I J0,')E AdD 11V 4e- 4,cll
(i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ANone
(ii) Describe the purpose of disposal in these areas:
I. (i) Does the disposal include any area in the water?
❑Yes'ONo DNA
(if) If yes, how much water area is affected?
252-BOS•ZOOB :: 1-888-4P.COAST :: wi�ryv.nccoasEalrnananemen`«net
SEAL 1
L-2458
SUR�� �•'
4'E irBA`'',`
RECEIVED
MAR 15 2013
revised: 12/26/06
CAR
SSA
A _ tif•�i►
_ R028954 �:
;ti••st
��'! t31NE�Q,• +�.
SHEET I OF 3
FS 59 - 17 12-13
- CAMA MAJOR DEVELOPMENT PERMIT APPLICATION
'E=_D JOHN HOWARDR
��FORBES, JR.
FEB 0 2013� ENLARGEMENT W'
---------------
�_ I 1 10 20 30 40 60 80
COAS- i SCALE I INCH = 20 FEET
c
C
� RgrO •< 0.7'
Ck
SNOgEC /N�\
/ • �UA'O
PROPOSED
DREDGE AREA
r DISTURBANCE
LIMIT
14' WIDTH )
/ `EDGE OF DITCH
\� \
THE PROPERTY LINE
BETWEEN J. HOWARD FORE
JR. AND THE BANK OF HAM
TON ROADS IS THE CENTER
a \e \ , co \OF THE EXISTING DITCH.
0
v oiP2 N \ Qp
4, \ /
J
1
� yP2°.
� � J
�K'ETL'ND RECEIVED
UPLAND
4�qio \ p� , y"'�J°r 1 MAR 15 2013
00
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FB 59- 17 12-
N
CAMA MAJOR DEVELOPMENT PERMIT APPLICATION
FOR
JOHN HOWARD FORBES, JR.
ENLARGEMENT °B"
0 0.5 1 2 3
VERTICAL SCALE I INCH = I FOOT
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THE ELEVATION OF THE PK NAIL IN
Q. S. R. 1137 AND IN THE DITCH LINE BETWEEN
ti THE BANK PROPERTY AND THE FORBES PROPERTY
HAS AN ASSIGNED ELEVATION OF 4.82 FEET.
vki�O'
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SHEET 3 OF 3
FB 59-17 12-13
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davi _ _ John E. Skvarla, III
Governor Director D : v Secretary
" In
March 7, 2013 MAR I 2C13 i I
Shellfish Sanita:ic c Li
MEMORANDUM Water `` eational
Y Secrron
TO: Patti Fowler
NC Department of Environmental Health RECEWED
FROM: Doug Huggett
Major Permits Processing Coordinator MAR 14 2013
SUBJECT: CAMA/DREDGE & FILL Permit Application Review DCM-MHD CrrY
Applicant: John H. Forbes, Jr., & The Bank of Hampton Roads
Project Location: East side of Aydlett Road in Poplar Branch, Currituck County
Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
XThis 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 Nk 1 —� V e* %kr DATE 3/ 1W 13
1367 US 17 South, Elizabeth City, INC 27909
Phone: 252-26439011 FAX:252-264-3723; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Pat McCrory
Governor
March 7, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
NCDENR
Department of Environment and
Division of Coastal Management
Braxton C. Davis
Director
Lee Padrick
Division of Community Assistance
Doug Huggett
Major Permits Processing Coordinator
Natural Resources
CAMA/DREDGE & FILL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
John E. Skvada, III
Secretary
RECEIVED
MAR 21 Z013
Project Location: East side of Aydlett Road in Poplar Branch, Currituck County
DCM•MM CITY
Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
s agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED,;� �� DATE 3 /�9 —/3
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n000astaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
AGNA
I0C6 R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor DirEctor Secretary
March 7, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Ken Pace
NC DOT, State Construction/Materials Branch '
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE 8c FELL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
Last side of Aydlett Road in Poplar Branch, Cunituck County
Excavate drainage ditch, re-establish connection to Currituck Sound
RECEIVED
1 2013
DT MFDCUY
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commence Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested
REPLY: _�his office has no objection to the project as proposed.
SIGNET
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.
DATE t� ✓�
1357 US 17 South. EIIZ Wh City, NC 27909
Phone: 252-2643901 \ FAX; 252.2643123; Internet: www.naeoastalmanagement.net
An Equal Oppodunity 1 Affirmative Action Employer
ZO/ZO 39Vd 1000N 6ELOTEEZSZ 90:60 ETOZ/6T/EO
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
March 7, 2013
MEMORANDUM
TO:
t� 317u
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Braxton C. Davis
Director
Charlan Owens, District Planner
Division of Coastal Management
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
John E. Skvada, III
Secretary
East side of Aydlett Road in Poplar Branch, Currituck County
Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments
SIGN DATE 3' ��• 1�j
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011FAX: 252-264J723;Internet: www.nccoastaimanagement.net MAR 21 2013
An Equal Opportunity 1 Affirmative Action Employer
D!14I :NIIID CITY
NA
;
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
MEMORANDUM
TO: Doug Huggett, hp?jor Permit Coordinator
FROM: Charlan OwensICP, NE DCM District Planner
SUBJECT: Major Permit Request by John H. Forbes and the Bank of South Hampton
Roads to dredge a 6 foot wide by 90 foot long section through an existing ditch
located along a common property line and out into the Currituck Sound, on
property located on the east side of Aydlett Road, north of Currituck Crossing
Drive, in the community of Poplar Branch, Currituck County.
Date: March 14, 2013
Consistency Determination: The request is consistent with/not in conflict with the Currituck
County 2006 Core Land Use Plan (LUP) certified by the CRC
on May 18, 2007 as amended through June 24, 2009.
Overview: The project area is a 10 foot wide drainage ditch centered on a common property
line with a terminus located 15 feet from the Currituck Sound. The 50 acre property to the
north is owned by John H. Forbes, Jr. and the 88 acre property to the south is owned by The
Bank of Hampton Roads. The property to the north has 24 acres of agricultural fields to the
west near Aydlett Road, with the remainder being a mix of high ground woodlands and
Section 404 Wetlands to the east along the Currituck Sound. A 10 foot wide by 85 foot long
old spoil site is located on the property to the north along the ditch bank, extending from the
treeline towards the Sound. Approximately 45 feet of the spoil site is located within Section
404 wetlands. The property to the south consists of cleared land and areas of Section 404
wetlands and has been subdivided for development. Five (5) subdivided areas and a future
right-of-way stub location are situated along the ditch. Two (2) residential lots are located to
the west, two (2) future development tracts and the future right-of-way stub are centrally
located, and a primary conservation/open space tract is located to the east. The
conservation/open space tract runs along approximately 210 feet of the ditch to the shoreline.
Section 404 wetlands are located within the conservation/open space tract. Site elevations
within the project area range from 1 foot within the shoreline area to 3 feet in the upland area
and gradually increase moving to the west. The project area is located within Floodzone AE,
with VE zone along the shoreline. Water depths within the project area at the Currituck Sound
range from 0 feet at Normal Water Level (NWL) to .7 feet below NWL.
The drainage ditch originates on the west side of Aydlett Road where it serves as drainage for
agriculture fields. It passes under Aydlett Road via a culvert and continues east in a straight
line for 1,276 feet, extends 40 feet into high ground wooded area, then continues ano yM
1367 US 17 South, Elizabeth City, NC 27909 MAR 2 1 2�13
Phone: 252-264,39011 FAX: 252-260723 ; Internet: www.nccoastalrnanagement.net
An Equal Opportunity 1 Affirmative Action Employer D( M-MHD CITY
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 2 of 5
feet through Section 404 wetlands before terminating 15 feet short of the Currituck Sound.
Sand and debris have formed a plug 1 foot above Normal Water Level between the ditch and
the shoreline. The plug is vegetated with Phragmites. Landward of the plug, drainage water
has formed a 55 foot by 10 foot shallow pool where Phragmites and Section 404 wetlands
have rooted and are growing.
Dredging a 6 foot wide by 90 foot long section through the existing ditch and out into the
Currituck Sound is proposed. A 6 foot wide by 70 foot long section will be dredged through
Section 404 wetlands and a 6 foot wide by 20 foot section within the Currituck Sound to a
connecting depth of -.7 foot. Dredging will be performed through the use of a backhoe. Spoils
will be placed on the existing spoil pile and/or within the highground fields. The remaining
length of the ditch will be cleaned of any blockages and debris as needed.
The waters of the Currituck Sound are classified as SC and are closed to shellfish taking.
Submerged Aquatic Vegetation (SAV) was not observed growing within the project area, but is
present within surrounding waters. There appear to be no archaeological sites on the property
to the north, however the property to the south is known as the Baum site and has been the
location of several archaeological studies dating back to 1972. The office of Archives and
History has identified two (2) sites on the property and identified them as 31CK194 and
31 CK129.
Anticipated impacts: resulting from this project are expected to include: the dredging of 120
sq. ft. of Shallow Bottom Public Trust Area/Estuarine Waters Areas of Environmental Concern
(AEC) and 420 sq. ft. of Section 404 Wetlands, and; the disturbance of 1,050 sq. ft. of
Estuarine Shoreline AEC, 1,162 sq. ft. of Section 404 Wetlands, and 960 sq. ft. of Upland area
outside of an AEC.
The dredging will re-establish a connection to the Currituck Sound to facilitate drainage and
eliminate stagnant water.
Basis for Determination:
The site is designated as "Limited Service Areas" on the Currituck County Future Land Use
Map (FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation
Areas" as indicated on Page 11-1.
As indicated on Page 11-2, the purpose of the "Limited Service Areas" designation is to
provide for primarily residential development at low densities. It is recognized that soil
limitations, flood prone areas, and a lack of infrastructure and services may prevent these
areas from ever reaching an urban level of development. The policy emphasis for the
subarea is also for low -density residential.
The purpose of the "Conservation" designation is to provide for the long-term management
and protection of significant, limited, or irreplaceable areas. Proper management is needed to
conserve the natural, cultural, recreational, scenic or biologically productive values of these
areas. The designation is applied to areas that should not be developed at all (preserved), or
if developed, done so in a very limited manner characterized by careful planning and cautious
attention to the conservation of environmental features. As indicated on Page 11-2.
EttEM
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-26"901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net MAR 21 2013
An Equal Opportunity 1 Affirmative Action Employer
DCM-AM CITY
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 3 of 5
standards of the Conservation class shall be applied in accordance with the site specific
information made available during special studies and/or the land development process.
Definitions of key words are provided on page 9-2. These words include "Encourage: to favor
or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply
financial support".
The following LUP policies may be applicable to this request:
Land Use Compatibility:
Policy ES2, Page 9-5.
"NON -COASTAL WETLANDS, including FRESHWATER SWAMPS, AND
INLAND, NON -TIDAL WETLANDS, shall be conserved for the important role
they play in absorbing floodwaters, filtering pollutants from stormwater runoff,
recharging the ground water table, and providing critical habitat for many plant
and animal species. Cumtuck County supports the efforts of the U.S. Army Corps
of Engineers in protecting such wetlands through the Section 4042 permit
program of the Clean Water Act, as well as Section 4013 water quality
certifications by the State of North Carolina."
Policy ES4, Pages 9-5 and 9-6.
"In approving new developments, Currituck County shall support the retention or
creation of vegetated buffer area along the ESTUARINE SHORELINES as a
simple, effective and low-cost means of preventing pollutants from entering
estuarine waters. Exceptions to this requirement may include developments
involving pre-existing man-made features such as hardened shorelines, ditches,
and canals... The County also supports CAMA use standards for all COASTAL
SHORELINES, whether estuarine or otherwise."
Policy ES5, Page 9-6.
"Uses allowed in ESTUARINE WATERS must be water dependant (public
access, docks, piers, erosion control, and other CAMA-approved uses) and must
not interfere with the proper function, cleanliness, salinity, and circulation of the
resource..."
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909 MAR 21 2013
Phone: 252-264,3901 \ FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer Dr—M-MHDCITY
North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 4 of 5
Policy AG1, Page 9-6.
"ACTIVE AGRICULTURAL LANDS having a high productive potential, and
especially those removed from infrastructure and services, should be conserved
for continued agricultural use."
Policy AG2, Page 9-6.
"Farms and woodlands shall be recognized as an integral part of the county's
OPEN SPACE SYSTEM. Efforts to keep these areas viable as part of the area's
resource -based economic sector, shall be encouraged."
Water Quality:
Policy WQ3, Page 9-17.
"Currituck County supports policies, plans and actions that help protect the water
quality of the county's estuarine system by preventing SOIL EROSION AND
SEDIMENTATION, and by controlling the quantity and quality of STORMWATER
RUNOFF entering the estuary."
Policy WQ4, Page 9-17.
"RUNOFF and DRAINAGE from development, forestry and agricultural activities
shall be of a quality and quantity as near to natural conditions as possible. Post -
development runoff shall not exceed pre -development volumes."
Policy WQ6, Page 9-17.
"Currituck County supports the retention or preservation of VEGETATED
BUFFERS along the edge of drainage ways, streams and other components of
the estuarine system as an effective, low cost means of protecting water quality."
Policy WQB, Page 9-17.
"Currituck County shall support the development and maintenance of a
countywide COMPREHENSIVE DRAINAGE AND FLOOD MANAGEMENT
PLAN, including public and private actions in support of plan implementation.
Currituck County shall support County, NCDOT and property owner cooperation
in preventing and resolving stormwater problems."
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909 MAR 21 2013
Phone: 252-26439011 FAX: 252-264 3723 ; Internet: www.n000astaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer Dr-M NMD CITY
North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 5 of 5
Policy WQ9, Page 9-17.
"Currituck County supports the efforts of the Currituck Soil and Water
Conservation District and the United States Department of Agriculture — Natural
Resources Conservation Service to assist farmers and timber operators in the
county in implementing BEST MANAGEMENT PRACTICES to protect and
improve water quality."
Local Countywide Concerns:
Policy HP1, Page 9-20.
"Local efforts to identify, designate and preserve SITES, BUILDINGS, AND
DISTRICTS OF PARTICULAR HISTORIC SIGNIFICANCE shall be supported."
Policy HP4, Page 9-20.
"The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND
ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged."
Subarea Concerns:
Policy ML1, Page 9-21.
"Currituck County recognizes the particular interest of residents and property
owners in the Mainland Area in PRESERVING FARMLAND AND OPEN SPACE.
The County shall exercise diligence in applying policies, plans and actions that
will encourage compact growth and the preservation of farmland and open space
in the Mainland Areas."
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nccoastaimanagement.net f 2 1 2013
An Equal Opportunity 1 Affirmative Action Employer
Df,M-MHD CITY
Pal McCrory
Governor
March 7, 2013
N'114'IMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
1
NCDENR
_► �z''�
1�r �
rolina Department of Environment and Natural Resources—
Division of Coastal Management
Braxton C. Davis John E. Skvada, III
Director Secretary
Renee Gledhill -Carly
NC Departntcnt of Cultural Resources
Doug I Iugget
Major Permits Processing Coordinator
CANDVI)R:DGE & FILL Permit Application Review
John hI. Forbes, Jr., & The Bank of Ilamilton Roads
Last side of Aydleit Road in Poplar 13ranch, Currituck County
Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead Citv. NC 23557. if you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth continents with supporting data are requested.
REPLY: '111is office has no objection to [lie project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED IC Eiu PR tl _ DATE
1367 US,17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX; 252-264-3723 ; Internet: vrvre.nocoastalmanaliement.nei
An Equal Opportunity_ l Affirmative Action Employer.
MAR 1 3 2013
0D NR
North Carolina Department of Environment and Natural Rec,
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
March 7, 2013
MEMORANDUM
TO: Kevin Hart
NC Division of Marine Fisheries, WaRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: John H. Forbes, Jr., & The Bank -of Hampton Roads
MAR,2 5 2013
John E. Skvarla, III
Secretary
Project Location: East side of Aydlett Road in Poplar Branch, Currituck County
EAILED
Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by--03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. 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 /7 / i . DATE 31 oj;
1367 US 17 South, Elizabeth City, NC 27909
Phone; 252-26439011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
RECEIVED
p�
„-A � MAR 12 2013
NCDENR PRA
North Carolina Department of Environment and Natural Resources OFFICEeRTY
Division of Coastal Management
Pat McCrory
Governor
March 7, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Braxton C. Davis
Director
Tim Walton, Manager
State Property Office
Doug Huggett
Major Permits Processing Coordinator
John E. Skvarla, III
Secretary
RECEIVED
APR 01 2013y
s=
DCM-MHDCCrY
CAMA/DREDGE & FILL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
East side of Aydlett Road in Poplar Branch, Currituck County
Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATES
1367 US 17 South, Elizabe ty, NC 27909
Phone: 252-264-39011 FAX: 252-264.3723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
Pat McCrory
Governor
NOTA CAMA PERW
NCDENR
North Carolina Department of Environment;and Natural Resources
Division of Water Quality'
Charles Wakild, P. E. =John'E.°Skvarla, III
Director Secretary
April 8,'20 .3 , .' . I j*s ;,_ ; _ .?;•
---DWQ Project if 13-0242
Currituck County
Mr. John H. Forbes, Jr. and '.
The Bank of Hampton Roads
139 South Mills Road
Moyock, NC 27958
Subject Property: John H. Forbes, Jr, and The Bank of Hampton Road
Currituck Sound [PAS54,'30-1;
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Forbes:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.04 acres of wetlands and 0.01 acres of waters for the purpose of excavating an existing drainage
ditch to reestablish drainage to Currituck,Sound ;at the subject,,property, as described,within,your LAMA Major
application dated March 7, 2013 and received.by the,N.C.,Division of -Water ,Quality,(D.WQ) on March-12,, 2013. The
impacts described in your application are covered by General Water Quality Certification;Number(s) 3900 (GC3900).
This Certification(s) is issued in conjunction with the CAMA Major,Permitand,General Permit(s) 198000291-,issued by the
US Army Corps of Engineers (USACE). This Certification allowsyou,to,use .the CAMA Major Permit when the Division of
Coastal Management issues it. In addition; you.should, obtain or!otherwise. comply,, with.,any, other required federal,
state or local permits before you•go ahead. with your;project,including,(but not limited to) Erosion, and Sediment Control,
Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct Impacts to
waters as depicted in your application shall expire,upon,explration,of the 4.04 or CAMA Permit.
This approval is for the purpose and design that you described, in,youcappiication. Approved plans and specifications for
this project are incorporated by reference and are enforceable parts of,th,e permit. If you change your project, you must
notify us and you may be required to send us a new application. ;if the property is sold, the new owner must be given a
copy of this Certification and approval letter,and is thereby -,responsible for complying with all conditions. If total fills for
this project (now or in the future) exceed one acre of,wetland or,,150 linear feet,of stream, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). This approval; requires you to follow the.conditions listed in the
attached certification and any additional conditions listed below.
North Carolina Division of Water Quality Internal: www newateratialiiv.ore
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 Nofth{�/C�ayrr�yolliina
An Equal Opportunity/Affirmative Action Employer —50%RecycleNlO% Post Consumer Paper NI4G{Z/.i lly
��iV111 AM
p r' /, John H. Forbes, Jr. and The Bank of Hampton Roads
)VIII 11'VIP14� /'4 TOM
Page 2 of 3
411
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long -as all of"the other -specific and .general -conditions of this
Certification (or Isolated Wetland Permit) are met. No,otherimpacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0.04 (acres)
CAMA Major Development
Permit Application Sheet 3
Waters
0.01 (acres)
CAMA Major Development
Permit Application Sheet 3
2. Water Quality Certification
The proposed project must comply with all of the conditions of General_Water Quality. Certification (GC) 3900.
3. Erosion & Sediment Control Practices„
Erosion and sediment control practices must be in full compliance with all specifications governing, the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures 'for the project must be designed, installed;° operated, and
maintained in accordance with the most recent'versiori;$f the North Carolina Sediment and Erosion Control
Planning'and Design Manual.' "
b. " The design, installation, operation, and maintenance ofthe sediment and erosion control measures must be
such -that they equal; or exceed, the'requirementsspecified in the most recent version of+the'North Carolina
Sediment and Erosion Control Manual. The devices`shall be'maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow "pits'associated with the
project. a ,;, t , ... • 7.. . , I ,
c. For borrow pit sites, the erosion and'sediment:cohtrol "measures must be designed, installed; operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementatlorii'must c6mplI94Ath the'reclamation'in accordance with the
requirements of the Sedimentation'Pollutioh'Control'Actand the'Mining Act of 1971.'
e. If the project occurs in waters or watersheds classified�as`Primary Nursery Areas (PNM), Trout (Tr), SA, WS-
J, WS-II, High Quality (HOW), or Outstanding' Resource' (ORW) waters, then the sediment and erosion
control requirements contained within Deslgn.Standards'in Sensitive Watersheds (15A NCAC 04B .0124)
supercede all other sediment and erosion control requirements.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including
incidental impacts. All construction activities, including the design, installation, operation, and maintenance of
John,H, Forbes; Jr and The Bgpk of Hampton Roads
Oage'3of 3
sediment and erosion control Best Management Practices, shall beperformedso that no violations of state water
quality standards, statutes, or rules occur.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water impacts), 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 1508 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Anthony Scarbraugh of the Washington Regional Office at 252-948-3924 or Karen
Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807-6360.
Sincerely
,
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Kyle Barnes, Corps of Engineers Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Ron Renaldi, Elizabeth City
DEMLR, WaRO
File copy
Charles E. Brown, III, 2005 Johnson Road, Elizabeth City, NC 27909
File:13-0242_John F. Forbes, Jr._The Bank of Hampton Roads_3900_approval/as
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
C. 13.453.12.01
March 7, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Braxton C. Davis
Director
Maria Tripp Dunn
NC Wildlife Resources Commission
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
John E. Skvarla, III
Secretary
M� 2013
IREµ b k
John H. Forbes, Jr., & The Bank of Hampton Roads
East side of Aydlett Road in Poplar Branch, Currituck County
RECEIVED
MAR 2 7 2013
Excavate drainage ditch, re-establish connection to Currituck Sound
DCM.MHD CITY
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: TbIs office has no objection to the project as proposed.
/This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED /1/�au� 1 . ► DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www,nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
ACDE'
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvaria, 111
Governor Director Secretary
March 7, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Anthony Scarbraugh, 401/WetlandsBuffers
Division of Water Quality - WaRO
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
John H. Forbes, Jr., & The Bank of Hampton Roads
MAR 1 2 2013
Project Location: East side of Aydlett Road in Poplar Branch, Currituck County
Proposed Project: Excavate drainage ditch, re-establish connection to Currituck Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/28/13 to 400 Commerce Avenue, Morehead City. NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, 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 .
SIGNED
1367 US 17 South,
DATE 361 / 2e13
An Equal Opportunity 1 AiFlrmative Acllon Employer
Regulatory Division
Action ID No. SAW-2013-00564
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. John Forbes for a Department of the Army permit to clean
out and modify and existing drainage feature through waters and wetlands of the US.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
*. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
*. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAAlNATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
*. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
*. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
*. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
*. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
*. Excavation will not exceed 0.7 feet below the elevation of mean low water.
*. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
*. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
*. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre -project condition.
*. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Kyle Barnes, Washington Field Office,
Regulatory Division, telephone (910) 251-4584.
Sincerely,
Kyle Barnes
Regulatory Project Manager
Copies Furnished:
Ms. Karen Higgins
N.C. Division of Water Quality, Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr.. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
March 6, 2013
Mr. John H. Forbes, Jr.
139 South Mills Road
Moyock, NC 27958
Dear Mr. Forbes:
John E. Skvarla, III
Secretary
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of property owned by you and The Bank
of Hampton Roads, located in Poplar Branch, Currituck County. It was received
complete on February 25, 2013, and appears to be adequate for processing at this time.
The projected deadline for making a decision is May 11, 2013. 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.
If this agency does not render a permit decision within 70 days from February 25, 2013,
you may request a meeting with the Director of the Division of Coastal Management and
permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
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.
RECEIVZD
MAR 11 2013
1367 US 17 South, Elizabeth City, NC 27909 r
Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.necoastalmanagement.net r"HD CTfy
An Equal Opportunity 1 Affirmative Action Employer
Mr. John H. Forbes, Jr.
March 6, 2013
Page 2
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 Ron Renaldi's
field report and/or comments from reviewing agencies.
Sincerely,
Frank Jennings
District Manager, Northeast District
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Ron Renaldi, Field Representative, DCM, Elizabeth City, NC
Charles E. Brown, III, Agent, Elizabeth City, NC
NoTl(0'$l?gA
AMA PERMIT
APPLIED FOR
PROJECT:
n(TCH;
Ca A Al EC.
,NC CA✓ATE rrT.,vG �
'zCAla✓E Pc - Cc
OPj TO C',&RQ
COMMENTS ACCEPTED THROUGH
APPLICANT:
—yD N /f if 1 'OR OB sS , � /Q .
/3 `) SoKr# nrl «s R @b*P
AoYe 'r-K, M '--- 27 9 S8�
�-52— Y35 - Co�o9f
L/
O 3 13 0 It
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Rv.-j rREIJAC,pt
DIY- v F C o A STs} C. (AA d*G C f+ENT
4-TG7 La,s. d"Y 17 so•nrm
4�-6Z A 897N c. ry N *- 2,7 90q
252.-
RIMA
WDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legals(a)thecoastla ndtimes. net
FROM: Yvonne Carver for Ron Renaldi
DATE: 03/06/13
John E. Skvarla, III
Secretary
SUBJECT: Public Notice: John H. Forbes, Jr., & The Bank of Hampton Roads
Please publish the attached Notice in the Sunday, 03/10/13 issue of The Coastland
Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Melissa Sebastian, NC
Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC
28557, (Telephone 252-808-2808).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
/t1iiT3.0i-iM
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIO, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
RECEIVZD
1367 US 17 South, Elizabeth City, NC 27909 MAR 11 2013
Phone: 252-264-39011 FAX: 252-264-3723; Intemet: www.nccoastalmanagement.net
Df-V,A � My
Equal Opportunity 1 Affirmative Action Employer
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
NCDENR hereby gives public notice as required by NCGS 113A-119(b) that
application for a permit in an AEC as designated under the CAMA was received on
02/25/13. John H. Forbes, Jr., & The Bank of Hampton Roads propose to excavate
an existing drainage ditch & re-establish connection to the Currituck Sound on the east
side of Aydlett Road in Poplar Branch, Currituck County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 03/30/13, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public,
state & federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
PLEASE PUBLISH ON: Sunday, 03/10/13
MAJOR PERMIT FEE MATRIX
Applicant:
Selection
Development Type
Fee
DCM %
DWQ %
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non-commerc*
development that_ does not
' '
$250
100% ($250)
0% ($0)
involve the g or
excavation of any wetlands
or en water areas:
II. Public or commercial
❑
development thatdoesnot
$400
100% ($400)
0% ($0)
involve th mg or
exc ion of any wetlands
of open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be applied:
III(B). Public or commercial
❑
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No.496(See attached)
earl be applied:
III(C). If General Water ,
Quality Certification Nd
3490 (see attacheldf could
$400
60% ($240)
40% ($160)
be applied, but,D'CM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
'aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
,open water areas:
MAR 11 2013
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM,
Date JAN /o . 2-0/3
Name of Property Owner Applying for Permit:
J WOwl49n Foed Es, J-.
Mailing Address:
139 S1)07-N n4111 s Po A-p
i✓%oyoe./<� /�.0 . Z7958
RECEIVED
V
k
FEB 2 0 2013
LOASTAL MANAGUAENT
ELIZABETH CITY
I certify that I have authorized (agent) (?114AZES-Z512o&J1j/ _72-11::: to act on my
behalf, for the purpose of applying for and obtaining all CAMA. Permits necessary to
install or construct (activity)
at (my property located at) Pvial nzy &7.4, � W,. 7, i.✓ LIuR,eITW-k L20
-TA•Jc PARnEL ?t 0092-00000 S70000
This certification is valid thru (date) 7-)6C. 20/3
Owner Signature
/y- 90,13
Date
RECEIVED
MAR 11 2013
1-"' ,,,ram
c;ry
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FOR
Date Z 11,51 Z,o13
Name of Property Owner Apply--in//g for Permit:
T E 13 �,j� of i1�r/ Ibw
Mailing Address:
RECEIVED
FEB 2 0 2013
rnASr+
L/2-AAETr1 ViTj /1/ C l/ 2-7909
tify I certhat I have authorized (agent) d L1 F S to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity)
at the Bank's property located at 200oT iti? BA-6 CW 041 d „✓
Aix pt9leVel- -11,o0g9,,% 0g58(D000
This certification is valid thru (date) DEL' Z'r,i3
3
Agent for The Bank of Hampton Roads
RECENED
MAR 11 2013
n-x,,,N" nCITY
■ Complete items 1, 2, and 3. Also complete
Rem 4 R Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to
A
X
I
Receivedd by (Printed m--`t...,...:. ^.�' ' i, j;"'•J 60T /try
Name C
D. Is deIWiyaddr8SSdiffemntlm tam 1 ❑ s
If YES, enter delivery addresatbel j-3 Jo
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25 2013
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❑ Insured Mall
❑ Return Recelpt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (FXha Fee) ❑ Yes
2. Article Number 7012 3050 0000 8479 7148
(rrdmfer from service /abed
Ps Form 3811, February 2004 Domestic Return Reeelpt 1o2ssso2-M"1st°
RECEIVED
MAR 11 2013
°'Y'-wm crry
Charles E. Brown III
Registered Land Surveyor
2005 Johnson Road
Elizabeth City, N.C. 27909
February 18, 2013
John C. Gallop, Jr., Life Estate
4524 Hampshire Avenue
Norfolk, Virginia 23513
Reference: CAMA Permit for Howard Forbes
Dear Sir:
FEB 2 0 2013
Please review the enclosed permit application package and understand that J. Howard
Forbes, Jr. is seeking permission from The Division of Coastal Management to clean out
his farm ditch which drains into the Currituck Sound.
You have received this notice because it is one of the requirements on his application.
Should you have any objections or concerns about this proposal, you should, within thirty
(30) days, send them in writing to the: Division of Coastal Management c/o Ron
Renaldi at 1367 US 17 South Elizabeth City, N.C. 27909.
Respectfully, ,
.ostal
&ld�� ��
CERTIFIEb.MAILT.
RECEIPT
Charles Brown, PLS 2456
cO
..
Acting Agent For
a
John Howard Forbes, Jr.
`u:x
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Postag $
Certified Fee'.
O
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Retum Receipt Fee
(Endorsement Required)
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Here
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(Endorsement Required)
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TotalPostage B Fees $
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■ complete Items 1, 2, and 3. Also complete
gn "' E3 Agent
�
Rem 4 if Restricted Delivery Is desired.
X dresses
■ Print your name and address on the reverse
so that we can return the card to you.
B. Received by (Pdn d Nam) c, pate of Delivery
■ Attach this card to the back of the mailpiece,
r, .-;..,s�-
or on the front If space permits.
D � addrtiss ENt from Rem 19 ❑ Yes
1. Article Addressed to:
f If YES, enter delivery address blow: 0 No
JoAn �u,RRD.�Q•£s
I F E 8 25 2013
JJ
3. Service TYPO
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❑ Registered ❑ Rehrm Receipt for Merchandise
7-7 96-5
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? Pft Fee) ❑ Yes
2. Article Number 7012
3050 0000 8479 7131
(transfer from service labeli
PS Form 3811, February 2004 Domestic Return Recelpt 102595-02441540
Charles E. Brown III
Registered Land Surveyor
2005 Johnson Road
Elizabeth City, N.C. 27909
February 18, 2013
John E. Guard, Jr., Estate
c/o Dorothy G. Tomlin
Poplar Branch, N.C. 27965
Reference: CAMA Permit for Howard Forbes
Dear Sir:
Please review the enclosed permit application package and understand that J. Howard
Forbes, Jr. is seeking permission from The Division of Coastal Management to clean out
his farm ditch which drains into the Currituck Sound.
You have received this notice because it is one of the requirements on his application.
Should you have any objections or concerns about this proposal, you should, within thirty
(30) days, send them in writing to the: Division of Coastal Management c/o Ron
Renaldi at 1367 US 17 South Elizabeth City, N.C. 27909.
Respectfully,
r
Postal Service-,,,
TIFIED MAIL. RECEIPTstic Mail'Only; No Insurance Coverage Provided)very information visit our website at w- .usps.come 01 r 1 a 9
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0 E°beet, APLNO.,
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a R+4enn i�y'Mat4tY1(�X'i�° rxiy''�M1; n,ln E[Rl ��,+�4�tiv. �^�,�'i�f��,�A;,'F,'A qn•, ... ; � i ,r
r-- 305
FEB 2 0 2013
And the H. D. Newborn, Jr. for himself, hie • heiro,. eXoaytorp, •and adminiatratoru,
'I Ncovenant with the said party of the second part, his heirs and asolgno, that he is seized of
I'said promises in foe, and has a right to convey the awe in fee oimplei that the same are free.
and clear from all encumbranoco, and that he will warrant and defend the said title to the
name against the lawful claim* of all persona whomooever.
th99
.jExcepting from the ab ovrlmortgage indebtedness and taxes now against the property herein
dcecribed.
IN TESTIMONY WHFREOF,,the said party of the first part to these presents has here -
,'unto List his hand and seal the day and year above written.
t( II H. D. Newborn Jr. (SEAL).
�IState of North Carolina
no
County of Currltuck
I, Edna Lane a Notary Public for said County and State, do certify that Si. D.
i
Newborn, Sr., unryarried personally appeared before ma thin day, and acknowledged the duo
execution of the foregoing (or annexed) inetrumentl
WITNESS my hand and notarial coal, thlo llth doy of March A. D., 1938.
�. (Notarial Seal) Edna Lane
otury Public
My Commission expires Nov..BA, 1938
OF NORTH CAROLINA
Ss
OF ,CURRITUCK The foregoing (or annexed) Cortii'ioate of Edna Lane a Notary Public for Currituok
in adjudged to be correct. Lai tho instrument and the certlfioato be registered.'
Thin 1P day of March, 1. D. 1938.
- R. P. Midgett Clerk
Sunorlor Court
Filed for registration In the office of the Register of Deeds for Currltuck County on the
12th day of March, 1938, at 10 A, M., and duly recorded. /4-�7
' Clerk Superior C Cit
MAR 11 2013
D^M-PdHD CITY
NORTH CAROLINA (DOC. STAMP $ .50) -
CURRITUCK COUNTY -
I This DEED, Made this the loth day of March, 1938, by and between Sadio J, Woodhouoc,
a widow, -of Ourrituok County, North Carolina, party of the first part, to Howard Forbes$ o; "
Currituok County, North Carolina, party of the second peril
'WITNL'SSETHt
That for and in oonoideratlon of the sum of TEN ($10.00) DOLLARS and other good and
valuable consideration, to the party of the first part, paid by the party of the second part,:.
the receipt of which in hereby acknowledged, the said party of the first part hum given, gran*
1'1
goo1C
ad, bargained, cold and conveyed, and by these prevent[) does hereby give, grant, bargain, Bell
and convey, unto the said Howard Forbes, a certain tract or parcel of land lying and being in.
Poplar Branch Township, Currituck County, North• Carolina, more p+:rticularly bounded and des.
Bribed ao-.follower
"Bounded on the North by land formerly owned by Edmund Poynar, docoueod, heirs, now
owned by A: '•9. Bauo:rl on the East by Currituck Sound, on the South by the landn formerly
belonging to L. C. Baum, now the lands of L. C. Baum, Jr., on the West by the Main Publia,Road,
containing SO acres more or less. _
"Being the name lando that "are devised to the said Sadie J. Woodhouse by her father
S. D. Dunton, and the name lands devised by S. D. Dunton to his wife..Willie Love Dunton, than
to Sadie J. Dunton, now, Sadie'J. Woodhouse the -grantor heroin, and William Be Dunton.
The portion devised to the said William S. Dunton having been doodlito Willie L. Litchfield,
formerly Willie Love Dunton, who was the mother of Sadie J, Woodhouse, by deed dated August'_
1909, and recorded in Deed Book 60, page 228. Being a part of the same lands which were
. devisad by William S. Dunton to Lonnie Dunton, his wife, by his last Will and Testament which
ie duly udecrded in Will Book 6, in the office of the Clark of the Superior Court of Currituck
County."
TO HAVE AND TO ]MID the above described tract or parcel of land with all privileges
and appurtenances thereto belonging or in anywise tharounto appertaining, to him the said
Howard Forbae, hie heirs and aseigns,.in fee simple absolute forever.
And the said party'of the first part, for herself, her heirs, executoru, adminiotratorl
and asalEnn, covanamts to and with the said party of the second part, hie heirs and aosigno,"
that she ie,the owner and is seized of said lands in. fee simplol that she has the right to
convey the come in fee oimplel that said lando are free ando9ear from all lieno and encumbrelni
and she will, And her heirs and aoeigno shall forever warrant•and defend the title to the same
aguinet the lawful claims of ,all peroono whomsoever.
IN TESTIMONY NHEREOF, the patty of the firot'part has herounto not her hand and
affixed bar Deal, the day and year first above written.
Sadie J. Woodhouse (SEAL)
i
NORTH CAnOLINA
CURRITUCK COUNTY
.I, J. W. Forbes, a Notary Public in and for Currituck County, North Oarolina, do
• hereby certify that Sadie J. Woodhouse, a widow, personally appeared before me this day and.;:
L
e foregoing dead for the purposes therein oxprvsned,
acknowledged the duo execution of th
Witncee my hand and notarial soul, thin the 11 day of March, 193B.
(Notarial Seal) J. W. Forbae
Notary Public
IAy Commission expires the 20 day of Doc., 1939. .'.
NORTH CAROLINA
CURRITUCK COUNTY
^.Thu foregoing certificate of`J•'W. Forbes, a Notary Public In and ,for Currituck County,
North, Carolina, attested by his notarial veal, to adjudgad•ito be correct. Lot the instrument
with Jl s, certificate be registered,
'Thin the 12 day of Marsh, 1935'. If t
R. P. Mid ett
{ ` Cler uper or Dour
Fred for'rdgihtration'1n the office of the Register of Dvede for Currituck 0ounty on .the t "
l2th,day of March, 19$8, at 10 A: M,; and duly reeordad:
vg aao-rofee
it ..
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1t.,�'§'}.. ' d"L�IIF'3itN'9iWUrr•r.,..::..:......._ .,
ok,-13j6 Page:420
TRAiN'SFER TAX AMC�j;N'r fir _
DATEiCOLLECTOR ff�
Tax Collector Certification That No Delinquent Tare$
.Are Due. Date By : Ccrtifirui0
expirae Jan. 6;h of the year following certification date.
DRAWN BY/MAIL TO:
POYNER SPRUILL LLP
P. O. BOX 1801
RALEIGH, NC 27602-1801
*Without 7Yt1e Examination'
FEB 2 0 20113
811K 1176PAGE 042 J
INII 'D.' I I00236
Doo ID: 101360230004 Type: CRP
Recorded: 10/31/2011 et 11:0%13 AM \ Q
Fee Amt: 1" 888.00 Pepe 1 of 4 1,.t\ j
E%C19e TaX: 37,880. 00
CherlehekV0Dovdv'Reglster of Deeds
ak 1176 PD420-423
TRUSTEE'S DEED
THIS INSTRUMENT WAS PREPARED BY WILLIAM BRUMSEY, W, ATTORNEY AT
LAW, WHO IS A LICENSED NORTH CAROLINA ATTORNEY.
NORTH CAROLINA Parcel Nos.: See Exhibit A attached hereto
CURRITUCK COUNTY Revenue: $7,560.00
Grantee's address:
PO Box 1908
Elizabeth City, NC 27906
This Trustee's Deed, is made and entered into this /O -day of October, 2011, by and
between William Brumsey, IV, substitute trustee as hereinafter stated, Grantor, and The Bank of
Hampton Roads, successor by merger to Gateway Bank & Trust Co., Grantee. The designations
Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine, or neuter as required by context.
]MUNE,HUH:
Whereas, Currituck Crossing LLC a/k/a Currituck Crossing, LLC executed to GBTC,
Inc., Trustee, a deed of trust dated November 8, 2006, and duly recorded in Book 975, Page 561,
in the office of the Register of Deeds of Currituck County, North Carolina ("Deed of Trust");
Whereas, Grantor was substituted as trustee in the Deed of Trust by instrument duly
recorded in the office of the Register of Deeds of Currituck County, North Carolina;
Whereas, because of default in the payment of the indebtedness and the holder of the
indebtedness having called upon and made demand of Grantor to foreclose on the Deed of Trust,
0111464009000a141e91aV1.0
RECEIVED
'/.4R 11 2013
nor Vr.TD CITY
Book: 1176 Page:421
Bon 1176FAGEO421
Grantor, after due advertisement as required by law and the tem>s of the Deed of Trust, did on
September 27, 2011, at 10:00 o'clock A.M. at the Courthouse door in Currituck, Currituck
County, North Carolina, expose to public We the property hereinafter described and described in
the Deed of Trust ("Property'% where and when The Bank of Hampton Roads, successor by
merger to Gateway Bank & Trust Co., became the last and highest bidder for the same at the
price of Three -million, seven -hundred eighty thousand and No/100 Dollars ($3,780,000.00);
Whereas, on the day of the sale a report thereof was duly made to the Clerk of Superior
Court of Currituck County, North Carolina (`Clerk'). and filed in Special Proceedings File No.
11 SP 175;
Whereas, the sale remained open for ten days after the filing of the Report of Sale, and no
upset bid was offered and no objection made;
Whereas, the purchase price has been paid in full.
Now therefore, Grantor, in consideration of the som of Three -mullion, seven -hundred
eighty thousand and No/100 Dollars ($3,780,000.00), the receipt of which is hereby
acknowledged, and pursuant to the authority vested in Grantor by the terms of the Deed of Trust,
by these presents does bargain, sell and convey unto Grantee, the Property sold as recited herein
the same lying and being in the County of Currituck, State of North Carolina, and more
particularly described as follows:
TRACT ME Being all of that certain 34.93 +/- acre parcel and 61.17 +/- acre parcel as q� /
shown and delineated on that certain map or plat entitled "Survey for Patricia B. Buckler t
and Ella M McWilliams, Baum Farm, Poplar Branch Township, Currituck County, North
Carolina, dated September 21 and 29, October 13,17 & 23,1995, by Mark D. Pruden, a As�klee
Registered Land Surveyor, which map is recorded in Plat Cabinet F, at Slides.64 and in the
Currituck County Registry, and which is by reference incorporated herein for a more
complete description.
rlakGcR s �`w/IJ,s„
TRACT TWO: Being all of that certain 53.88 +/- acre parcel as shown and delineated on
that certain map or plat entitled "Survey for Patricia B. Heckler Estate and Ella B. m
McWilliams, Poplar Branch Township, Currituck County, North Carolina," dated JNy 26 ` I 5 3
& 29, 1996, by Mark D. Pruden, a Registered Land Surveyor, which map is which recorded
�
Plat; Cabinet F at Slides 147 and in the Carrituck Countyi and b y 11
reference incorporated herein for a complete description.
Grtil �P '
TRACT THREE: BEGINNING at an iron pin or other marker located in the West margin
or right of way of Aydlett Road, known as State Road 1137, said road having a right-of-
way of 60 feet at this point, sold point of beginning being also located in the Northeast
corner of property now or formerly owned by Gene D. Younkins ct uz; thence from said
point of beginning along the North line of the aforesaid Younkins property and an
extension thereof South 79 deg. 01 mhr- 00 am West 1219.89 feet to an iron rod act in the
centerline of a ditch; thence along the centerline of a ditch North 02 deg. 38 min. 54 sec.
East;774.51 feet to an iron rod set located in the South lice of property known as the Baum
farm, as same is described In map or plat recorded in Plat Cabinet F, Slide 64, Currituck
County Registry; thence along the South Hue of the aforesaid Baum farm property North
82 deg. 41 min. 31 sec. East 103824 feet to a point located in the West margin or right-of-
way of the aforesaid Aydiett Road; thence along the West margin or right-of-way of
osss+e.000soow,ut+e�ea.o
Page: 422
ffGaK 117 6 PAGE Q 4 "c ,
Aydlett Road South 11 deg. 02 min. 25 sec. East 685.54 feet to the point and place of
beginning.
This being that certain property described and delineated on that plat entitled "Boundary
Survey for Currituck Crossing, LLC", dated April 10, 2006, prepared by Albemarle &
Associates, Ltd., which map or plat is incorporated herein by reference.
LESS AND EXCEPT Lots #1, 63 sad 66, Phase One, Currituck Crossing, as shown on plat
recorded in Plat Book L, Pages 41-44, Currituck County Registry.
This conveyance is subject to all prior liens of record, if any, and to all unpaid ad
valorem taxes and special assessments, if any, which became a Gen subsequent to the recordation
of the Deed of Trust. This conveyance is further subject to the right if any, of the United States
of America to redeem the above -described property for a period of 120 days following the date
when the final upset bid period has expired.
To have and to hold the Property and premises together with all privileges and
appurtenances thereunto belonging to Grantee in as full and ample a manner as Grantor, as
Substitute Trustee, has power to convey the same.
In testimony whereof, Grantor has caused this instrument to be duly executed as of the
day and year first above written.
SUBSTITUTE TRUSTEE
By:(SEAL)
William BrumseyN11 Esq.
State of Norh Carolina
County of l lyy ly1I OAC
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: William
Brumsev. IV Substitute Trustee
Date: 16day of Q2:U2E[2JZ2011.
Official Signature of No
Notary's Printed or Typed Name: _ 11�Ght
no MI L a Notary p„biic
My Commission Expires: IO ZtPI Z10I J
oN MiAf i
(Official Seal)
4
IOTA qy'•; 9
_
y i i
GO awaaa.a
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t
�,- i nis is a word processing Corm to be completed in Microsott Word«.-
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applicant John H. Forbes, Jr. & The Bank of South Hampton Roads
Date: 3 A. 3
Project Site County., Currituck
Sta/f., Ron Renaldi
District: ®Elizabeth City ❑Washington
❑Morehead City []Wilmington
Project Name:
Rover File:
Date of initial application submittal (EX., 1/&2007): 2/20/2013
Date application 'received as complete"in the Field office (EX. 1/8/2007): 212WO13
Permit Authorization: ❑LAMA ®Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑ Yes ❑No
Photos Taken: Yes® No❑
Setback Required (riparian): ❑Yes ®No
Critical Habitat: El Yes ®No ❑Not Sure
15 foot waiver obtained: ❑Yes ®No
Hazard Notification Returned:
❑Yes ®No
SAV.❑Yes ®No ❑Not Sure
Shell Bottom: ❑Yes ®No ❑Not Sure
Temporerylmpacts: ®Yes ❑No
Sandbags: E3 Yes ®No ❑ Not Sure
Did the land use classification come from
county LUP: ®Yes []No
Mitigation Required (optional):
❑Yes ®No
Moratorium Conditions: ®Yes ❑No
[]NA I
Environmental Assessment Done:
El Yes ❑No®NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
El Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
❑ High Quality Waters (HQW)
❑ Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
® (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Llmonium sp.)
Ej (SS) Glasswort (Sa/icomia sp.)
wetlands)
❑ (CV) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartlna
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
[I (SC) Bullrush or three square (Schpus
(TY) Cattail (Typha sp.)
spicata)
sp,)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
El Ill(A) Private w/ D&F up to 1 acre; 3490
® III(D) Pdv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit- $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
❑ Ill(B) Public or commercial w/D&F to 1
❑ Express Permit - $201WCCWED
acre; 3490 can be applied - $400
Major development extension request -
0 11. Public or commerciaUno dredge
$100
and/or rill-$400
MAR 11 2013
❑ 1. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm, w/D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
'.':TY
252-808.2808 :: 1.888.4RCOA8T :: www.nccoastalmanaoament.net
revised: Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant John H. Forbes, Jr. & The Bank of South Hampton Roads
Date: 311122013
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Drainage
New wont ❑
Replace
70
(
1
Ditch
Maint ®
❑ Y ® N
Excavation
New Work
Replace
20
6
1
dredge
Maint ❑
❑ Y ® N
High Ground
New work ❑
Replace
40
14
disturbance
Maint ®
❑ Y ® N
Spoil
New Work ❑
Replace
85
10
Maint ®
❑ Y ® N
New Work ❑
Replace
_
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
-
NewWork❑
Replace
Maint❑
❑Y❑N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint El
❑Y[IN
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Wodr❑
Replace
Maint El
❑Y❑N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
revised Nov. 2012
.� NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: John H. Forbes, Jr. & The Bank of South Hampton Roads
Date: 3112013
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration andror
restoration or
and/or temp
restoration or
temp impact
temp ire acts
impact amount
temp impacts
amount
High Ground
Dredge ❑ Fill ❑ Both ❑ Other ®
560
560
Shallow Bottom
Dredge ® Fill ❑ Both ❑ Other ❑
120
120
Shoreline
Dredge ® Fill ❑ Both ❑ Other ❑
10
10
USCoE wetland
Dredge ® Fill ❑ Both ❑ Other ❑
420
420
USCoE wetland
Dredge ❑ Fill ❑ Both ❑ Other ®
1162
1162
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
-
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
MAR 11 2011
252-808-2808 :: 1-888-4RCOAST :: www.nccoaslalmanagement.net revised: Nov. 2012
File Name : 905 Aydlett Rd_1.JPG
Shooting Date/Time : 4/10/2012 3:27:08 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name :905 Aydlett Rd_10.JPG
Shooting Date/Time : 4/10/2012 3:33:06 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
2ECEIVED
MAR 11 2013
"vsD Crw
File Name : 905 Aydlett Rd_11.JPG
Shooting Date/Time : 4/10/2012 3:33:14 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
y Y�� .P}. aj � 8 Y '.ty.� ! •1
M
x# -
File Name : 905 Aydlett Rd_5.JPG
Shooting DatelTime : 4/10/2012 3:30:27 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name : 905 Aydlett Rd_6.JPG
Shooting Date/Time : 4/10/2012 3:31:07 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name :905 Aydlett Rd_7.JPG
Shooting Date/Time : 4/10/2012 3:31:17 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
m
At
DCM Coordinator: Permit #: LC�
MAILING DISTRIBUTION SHEET 65
Permitee: ri 't � lrJ 0_ S
Agents: 01 14,t Z ��Pt✓v`
DCM Field Offices
Elizabeth City,✓ (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply:
Debra Benoy (WIRO)
Joey White (WARD)
Marine Fisheries:
Anne Deaton ✓
Jeannie Hardy
NC DOT:
Ken Pace ✓
Shellfish Sanitation:
Patti Fowler
State Property:
Tim Walton
Water Quality:
Karen Higgins (Raleigh)
John Hennessy (NC DOT)
✓
Washington:
Anthony Scarbraugh-401
Scott Vinson-Stormwater '
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD) ✓
Vacant (WIRO)
LPO:
Fax Distribution: Permitee #: ✓
Agent #: