63-96 Rose Bay Oyster Company

Permit Class
Permit Number
NEW
STATE OF NORI
Department of Envi onrn&it`,
%yam f an(
Coastal Resourc(
V-7 r � 4
N
r ,.-
Eir
X Major Developm
pursuant to NCG
Excavation and/or
-rusr..
Resources
Concern
to NCGS 113-229
63-96
Issued to Rose Bay Oyster Comply, Mr. Gary Mayo, Route 1, Box 136A, Swan Quarter, NC 27885
authorizing development in Hyde County at Rose Ray Creek off Highway ITS 264 near Swan
Ouarter as requested in the permittee's application dated revised 3/21 /96 including attached
worknlan drawings, 3, dated revised 3/21/96
This permit, issued on APRIL 29, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public
trust waters without permit modification.
for Additional
This permit_action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case maybe.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
'Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31.1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program. .
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
t�lzdger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permince

Rose Bay Oyster Company Permit #63-96
Page 2 of 2
ADDITIONAL CONDITIONS
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
Bridge Construction
4) In order to protect juvenile shrimp and finfish populations, no in -water construction activities
may take place between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) The single bent for the proposed wooden bridge shall be the minimum width required to support
the proposed structure.
Sedimentation and Erosion Control
6) To prevent erosion into adjacent wetlands and waters, a silt fence or similar erosion control
structure shall be placed around the areas to be graded.
7) In order to protect water quality, runoff from the construction must not visibly increase the
amount of suspended sediments in adjacent waters.
General
8) All work authorized by this permit must be performed in strict compliance with the revised
permit drawings. Any deviation from the revised drawings will require a modification of this
permit.
9) No vegetated wetlands will be excavated or filled.
10) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the this permit. The permittee is not relieved of this requirement if he
abandons the project without having the permit transferred to a third party.
11) The permittee and his contractor shall meet with a representative of the Division of Coastal
Management and the U.S. Army Corps of Engineers prior to project initiation.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of this Division at [phone] prior to the commencement of
any such activity for this determination.
NOTE: The N.C. Division of Environmental Management has assigned the proposed project
DEM Project No. 960124.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID
No. 199601318.

Permit Class
Permit Number
NEW
STATE
Department of Env
X Major Devi
pursuant to
Excavation and/or
aerit;'Health'& Natural Resources
sources Commission
'�It ,Y
for, s?
n Area of Eny}tonmental Concern
3
onisuant to NCGS 113-229
63-96
Issued to Rose Bay Oyster Company, Mr. Gal v May o, Route 1, Box 136A, Swan Qirarter, NC 27885
authorizing development in Hyde County at Rose Ray Creek off Higbm i 1S 264 near Swan
Ouarter as requested in the permittee's application dated revised 3/21/96 including attached
worknlan drawings, 3, dated revised 3/21/96
This permit, issued on APRIL 29, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facili
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public
trust waters without permit modification.
This permiEaction may be appealed by the pemtittee or
other qualified persons within twenty ,(20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
r�lZdger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Rose Bay Oyster Company Permit #63-96
Page 2 of 2
ADDITIONAL CONDITIONS
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
Bridge Construction
4) In order to protect juvenile shrimp and fmfish populations, no in -water construction activities
may take place between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) The single bent for the proposed wooden bridge shall be the minimum width required to support
the proposed structure.
Sedimentation and Erosion Control
6) To prevent erosion into adjacent wetlands and waters, a silt fence or similar erosion control
structure shall be placed around the areas to be graded.
7) In order to protect water quality, runoff from the construction must not visibly increase the
amount of suspended sediments in adjacent waters.
General
8) All work authorized by this permit must be performed in strict compliance with the revised
permit drawings. Any deviation from the revised drawings will require a modification of this
permit.
9) No vegetated wetlands will be excavated or filled.
10) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the this permit. The permittee is not relieved of this requirement if he
abandons the project without having the permit transferred to a third party.
11) The permittee and his contractor shall meet with a representative of the Division of Coastal
Management and the U.S. Army Corps of Engineers prior to project initiation.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of this Division at [phone] prior to the commencement of
any such activity for this determination.
NOTE: The N.C. Division of Environmental Management has assigned the proposed project
DEM Project No. 960124.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID
No. 199601318.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director April30, 1996
Rose Bay Oyster Company
Mr. Gary Mayo
Route 1, Box 136A
Swan Quarter, NC 27885
Dear Sir::
A 'llir
IDEHNFR
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 I I3A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form..Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
J �
John Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 Ni"CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/l0% post -consumer paper

Form DCM=MP-1
APPLICATION
(To he completed by all applicants)
b. City, town, community or landmark
1. APPLICANT _ R O s F D /l v
t
a. Landowner:
Name %a
Address—RT. /odX /,JG-/%.
City sSW 44) State /N C ,
Zip 1-2 LEY Day Phone
Fax -
b. Authorized Agent:
Name A) 'q ,
Address
City —
Zip Day Phone
Fax
State
c. Project name (if any) i4os l 1619v o y i z- -1 ( c.
NOTE.' Permit %0 be issued in name of Z doxner(r), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County N y +i
C. Street address or secondary road number
use
d. Is proposed work within city limits or planning
jurisdiction? Yes ✓-�' No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
O oC k .40-
91- 732,Dh F
s ,1Av
190��
b. Is the proposed activity maintenance of anexisting
project, new work, or both?d
C. Will the project be for public, private or commercial
use?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more s ace is needed, please attach
additional pages. �c v;'d 2 /9 C e.1'.r
`% O iU c /1� do i v c i �cTtra
iJtsSt /�
Revised 03/95

Form, DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
--I-
a. Size of entire tract — /J '9 J
b. Size of individual lot(s) f 3, 8 f/ C,-.s
c. Approximate elevation of tract above MHW or
NWL
m. Describe existing wastewater treatment facilities.
Ss�T;c iyvK'ANcI Or4'-.1-.IL (d
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) 6' i- .- 7
W A%e.� Rc a dFF lv;iSN Da:,: J
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
C--/S�v CL vdPiLb/.�
e. Vegetation on tract Co tt s -TL / 1y e 7'< i9 v Ps
-4 vJ tl/F.L,V�d
f. Man-made features now on tract Sze /eeaQ Ale i r s.
Oc�K's Aid CA�y/�
g. What is the CAMA Land Use Plan land
classification of the site? (romuir the local lm,d use pla )
Conservation , Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
A . f3 .
i. Is the proposed project consistent with the applicable
zoning? Yes No nr /q
(Anach Zoning compliance certificate, fapplimble)
Has a professional archaeological ass strteht been
done for the tract? Yes / No
If yes, by whom?
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
® A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2". by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue -line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army" Corps of
I. Are there wetlands on the site? yes _ No Engineers regarding that
Coastal (marsh) '� Other ✓ g g g agency's use of larger
�ov! drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted?s requirements and it must be sufficiently detailed to
(Anach do=me=don, ifavailable) guide agency personnel unfamiliar with the area to the
Revised 03195

.Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name IV..C, PeP%, Ole TrQv-CPo TcT;v.J
Address
Phone
Name �cci v Alt lJ Ge-a ; j 46%I4 P, e Lt
Address R T /, .$ak dig
Phone 61?i9a &w-�rer NZ.=L78 T
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 17 day of 77 /i IV, , 19 S' L.
Print Name
C4/114 F 1p8-97 Signpture
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Lad-w ' or Awho,ized Agent
A74
Please indicate attachments pertaining to your 'proposed
project.
=DCM MP-2
DCM MP-3
_ DCM W-4
Excavation and Fill Information
Upland Development
Structures Information
DCM MP-5
Bridges and Culverts
DCM MP-b
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. e, Be sure to complete all other sections of the Joint Application which relate ll this proposed project. .
a. 11ock1 and/or Piers)
(2)
Commercial _Community _ private
Number
(3)
Length
(4)
Width
(2(5)
_
Finger Piers _ Yes No
(i) Number
(ii) Length
(iii) Width
(6)
Platform(s) Yes
_ No
(i) Number
00 Length
(iii) Width
(7)
Number of slips proposed
(8)
—
Proximity of structure to adjacent riparian
Property lines 30 0 ,
(9)
Width of wate--r body 9�- - �y�
(10)
Water depth at waterward end of pier at
MLW or NWL — G', /V
w J
b. Boathouse (including covered lifts) /Nff
(1)
(2)
Commercial
Length Private
(3)
Width
C. Groin (e.g. wood, sheetpile, etc.) N /�
(1) Number
(2) Length(s) —
d. Breakwater (e.g
(1) Length
(2) Average
wetlands
(3) Maximum
wetlands _
wood, sheetpile, etc.) A14
distance from MIiW NWL or
distance beyond MHW, NWL or
Mooring buoys NA
(1) Commercial .—COmmuni
(2) Number ty _Private
(3) Description ofbuoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance ' buoy(s) to be
shoreline placed beyond
f. Mooring structure (boatlifr, mooring pilings, etc.) N A
(1) Commercial _Community _ private
(2) Number
(3) Length .
(4) . Width �—
g• Other (Give compkre dcs�ipdon)
l5 4 / a A,�ya
AppLcant or 1.jest Name
Signature
/— /-�—Ito

Form 3CM-MP-5
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.
1. BRIDGES
a. Public Private _V/1"
b. Type of bridge (construction material)
waribi5d
c. Water body to be crossed by bridge
M�ViJIAp� 0-AA>e L
d. Water depth at the proposed crossing at MLW or
NWL J c
j
e. Will proposed bridge replace an existing bridge?
Yes ✓ No
If yes,
(1) Length of existing bridge AM
(2) Width of existing bridge Md
(3) Navigation clearance underneath existing
bridge AM
(4) Will all, or a part of, the existing bridge be
removed? (Explain) n/.4
f. Will proposed bridge replace an existing culvert(s)?
Yes i/ No
If yes,
(1) Length of existing culvert AIA
(2) Width of existing culvert tVA
(3) Height of the top of the existing culvert above
the MHW or NWL MA
(4) Will all, or a part of, the existing culvert be
removed? (Explain) n/.d
g. Length of proposed bridge } 30 /
h. Width of proposed bridge Z 0
i. Height of proposed bridge above wetlands
NA
j: Will the proposed bridge affect existing water flow?
Yes ✓ No
If yes, explain
k. Navigation clearance underneath proposed bridge
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? ✓ Yes No
If yes, explain 141cL r� r-c fs d Pt' j v-4 ;z:
lv1.d 1J M4 Of GA Az4 L v*i M y 77YIb7� " y
m. Will the proposed bridge cross wetlands coptaining
no navigable waters? Yes ✓ No
If yes, explain
n. Have you contacted the U.S. Coast Guard
concerning their appr val?
Yes . 7 No
If yes, please provide record of their action.
Revised 03/95

Form-DCM-MR5
(4) Will the disposal. area be available for future
maintenance? _Yes No
(5) Does the disposal area include any coastal
wetlands (marsh), SAVs, Or other wetlands?
Yes _6ZNo
If yes, give dimensions if different from (2)
above.
` (6) Does the disposal area include any area blow
the MHW or NWL? Yes _/ No
If yes, give dimension if different from No. 2
above.
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed below
MHW or NWL? Yes No
If yes,"
(1) Length of area to be filled
(2) Width of area to be filled
(3) Puipose of fill
f. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed within: n/,A
_ Coastal Wetlands _ SAVs _ Other Wetlands
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
g. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) be placed on
highground? Yes V No
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
4. GENERAL
a. Will the proposed pr 'ect involve any mitigation?
Yes V No
If yes, explain in detail —_
b. Will the proposed project require the relocation of
any existing utility lines? Yes --Ll— No
If yes, explain in detail
c. Will the proposed project require the construction of
any -temporary detour�ctructures?
Yes ✓ No
If yes, explain in detail
d. Will the proposed project require any work
channels? Yes —v No
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled? suT FE.vcc
f. What type of construction equipment will be used
(for example, dragline, backhoe or -hydraulic
dredge)? _Frzp. x9T E)J_D LVA7elz ALf
_Derv,=a
g. Will wetlands be crossed in transporting equipment
to project site? yes _V, No
If yes, explain steps that will be taken to lessen
environmental impacts.
h. Will the placement of the proposed bridge or culvert
require any shoreline stabilization? .
Yes No
If yes, explain in detail Mc oictJ yg q W,&Cr
_Q1J 9AC/$- SiVe f)L 1Z .At..
4—A 1/ 6, A 17y'b
Applicant or Project Name
Signature
1
Revised 03195

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DIVISION OF COASTAL MANAGEMENT
f FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Gary Mayo/Rose Bay Oyster Company
2. LOCATION OF PROJECT SITE: Hyde Co. off Hwy 264 adjacent Rose Bay Creek near Swan Quarter
Photo Index - 1989: NA 1984: 89 1063; H12, I12, H13, I13, J13, I14
State Plane Coordinates - X: 2,772,800 Y: 633,600 (Scranton Quad - Upper Right Corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1111195; 11/15/95; 12/11/95; 1/31/96;
3/12/96; 3/21/96
Was Applicant Present - Yes; Yes; Yes; Yes; Yes; Yes
5. PROCESSING PROCEDURE: Application Received - 1/31/96 Modified App. Received 3/25/96
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation - Water; Rural with Services - Land
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic Tank and Drain field
Planned - NA
(F) Type of Structures: Existing - Seafood house, docks
Planned - Dock, Bridge
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
nRFn(,Pn MT T Un TTTTT
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Canal Bottom & Creek Bottom)
f2,880 ftz
(Shaded)
(C) Other
(High Ground)
f 1,250 ft2
(Graded)
(D) Total Area Disturbed: .09 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant is proposing to construct a new dock and bridge to access the
proposed dock.

Construct a dock Bay CYster Company
Swan Quarter, Hya C tinge
ty
Project setting
The Project site is located offU.S. Highwa 264
� Hyde County
n , North Carolina. Y ad'
manmade fea adjacent Rose Bay Creek
house, three
Property adjacent canals, d as currentlylocatedonsite the applicant's near Swan Quarter
the se series of short docks in the canals
of shell ma 'a
afood house and U.S.property include a al. A relic s S264 is hi h and on Rose Bay seafood
Of the southern most canal be is located aloe g ground and used for pares Creek. The
area and extends b 91arge expanse of coastal cast side of Rose B g and storage
Primarily vegetated b j from U.S. 264 aloe marsh is located to the Creek downstream
vegetated b Y Juncos roe east of
ground b Y Pines and briers. anus and D'sti h1�Cgica canal and relic spoil bee Parking
fish house Y the U S' Army Co T1te majority of the re�l_• The relic spoil be berm and is
use is sParsel Corps of Engineers and spoil berm has been del is primarily
Rose B Y vegetated and is covered b this Division. The delineated as high
ay Creek is an Estuarine co Y shell material and high ground area adjacent
Area.Enviromnental Management Co ater and public T gravel. the
Although shellfish inhabit
ssion. Rose Bayrust Area classified as S
nhabit the waters o f Creek is also designatedA waters by the
Project descri Rose Bay Creek asap
phon � this area is closed tro ary Nursery
harvest.
The applicant is
Parallel to and ad proposing to construct a
jacent the relic spoil be dock over the With three (3) tl 0, long by f6' wide catwalksrin" The proposed dock will waters Rose Bay Creek,
is also proposing to construct a wid001 Ion lumm�
to access the relic spoil berm and g y=coming widewoo flue spoil be measure f380' long by 6' wide
aPPlicant is the y 20 den brid e for access. The applicant
e canal
construct wooden head Proposed dock. Associate withgacross the southern most can
center of anal The a walls on each side o ge cons
Of the pplicant's f the brid al
Proposed bride. This gradit' Proposal also includes the canal and place a sin traction the
total area of 1,250 square feet. g will cover grading of approach Single bent in the
an area of appro�ately 50' 1 rig byramP25' WidOn e fo side
a
Anticipated impacts
The ProJect as
the construction of Proposed would result
Approx the Proposed bridge m the shading oft600
mutely 1,250 square feet ofhi ahnd 2,280 s square feet of c
ramps. The inssquare feet of creek anal bottom by
tallation of the head walls will be dis boto localized turbidity, and center be herbed due to gr by the Proposed dock.
the bridge gll In a
Jeffrey R. Schaffer - bent
of will result in short term
gton Regional Washin gional o� arch 1996

APPLICATION TRANSMITTAL/PROCESSING RECORD
A) Applicant: Gary Mayo/Rose Bay Ovster Company County: Hyde
Location of Project: Off US 264 adiacent Rose Bay Creek near Swan Quarter, N.C.
Date Application Received Complete by Field: 31 January 1996
Field Recommendation: Attached To be Forwarded X
Consistency Determination: Attached
Field Representative: J. Schaffer
District Manager Revie -"
B) Date Application Received in RRalei -4
Public Notice Rec'd:
Adj. Rip. Prop Notices Rec'd:
Application Assigned to: _\1MA&,tk
C) 75 Day Deadline: y — 15-' 9ia
Mail Out Date: 2 -(6 C 6
Federal Due Date:-9 —
D)
Permit Final Action: Issue `/ Deny
To be Forwarded X
t Office: Washington
4-ew
Fee Rec'd: a 75V
Q. f Notice Date: -10
T Deed Rec'd:
on a' — @ --O� L.
150 Day Deadline: q/
State Due Date: 3 ' ✓ c /
Fed. Comments Rec'd onb
Draft on 'Y^ t 7--,e
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management District Office
3—11-14
Division of Comm. Assistance
Land Quality Section
Div. of Env. Management
l
State Property Office
Div. of Archives & History
Div. of Env. Health
_ k
Div. of Highways
Wildlife Resources Commission
Div, of Water Resources
Div. of Marine Fisheries
_ /

' State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Coastal Management r
James B. Hunt, Jr., Governor J� - IL
Jonathan B. Howes, Secretary E H NJ R Roger N. Schecter, Director —
MEMORANDUM
o �t� YJ- 996 W
TO: John Parker
Q� ppMp P BENS �A
THROUGH: Terry Moore
FROM: Jeff Schaffer jjQS
DATE: 25 March 1996 g
SUBJECT: Gary Mayo/Rose Bay Oyster Company Modification of Original Major Permit Application
Mr. Gary Mayo has submitted a modified application for a proposed project at Rose Bay Oyster
Company in Hyde County NC. The modification is in answer to the numerous objections by review
agencies to his original proposal. The original proposal was for the excavation a new boat basin,
maintenance excavation in Rose Bay Creek, construction a new dock, filling an existing canal, creating an
access road to the proposed basin and dock and construction of a bulkhead to retain canal fill material. The
applicant's modified proposal is for the construction of a f 380' long by f 6' wide dock (on original
application) and a f 30' long by t20' wide wooden bridge over the southern most canal. After reviewing
the applicant's requested modification and Subchapter 7H.0206, .0207, .0208, and .0209, I conclude that
the amendment of the original application is consistent with these AEC guidelines. If the project is
permitted, I recommend the following conditions be added to the permit:
1. No sewage, whether treated or untreated, shall be discharged at any time from boats using the dock.
Any sewage discharge at the dock shall be considered a violation of this permit for which the
permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
2. An erosion control structure (Le silt fence) shall be put in place to prevent erosion of earthen
material into the adjacent Coastal Wetlands and water bodies from the high ground grading
activities.
3. The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the project without having the permit transferred to a third parry.
4. The permittee and his contractor shall meet with a representative to the /division of Coastal
Management and the Army Corps of Engineers prior to project initiation.
NOTE: Future development on the permittee's property may require a modification of this permit.
Contact a representative of this Division at [phone] prior to the commencement of
any such activity for this determination.
If you have any questions, please call me at [phone], extension 299.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
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,..
MEMORANDUM
TO: Jeff Schaffer
FR John Crew
DA7r 27 March 1996
SUBJECT: Gary Mayo's Modified Proposal, Rose Bay Oyster Company, Rose Bay
Creek near Swan Quarter, Hyde County
This proposal at the above reference site includes constructing a deck over the waters of Rose
Bay Creek, parallel and adjacent to an existing relic spoil berm (f 380' by 6' with three 10' by
6' catwalks off the berm for access and a 30' by 20' wooden bridge across the southern most
canal to access the berm). Wooden head walls and a bent are associated with the bridge as in
grading on each side of the bridge. Public Trust Areas, Estuarine Waters and Estuarine
Shoreline AECs are involved, the water area is a PNA, and water class is SA.
The proposal comes under the auspices of the May 1992 CRC certified Hyde County Land Use
Plan update. The plan offers the following limited guidance on proposals of this type:
Page IV-1 notes "for issuance of CAMA permits within areas of environmental concern,
the state defines minimum acceptable use standards which are defined by 15 NCAC 7H".
County policy for marine resource areas (page IV-9) is "Hyde County supports the use
standards for estuarine and public trust areas as specified in 15A NCAC 7H.0207."
The AEC portion of the proposal is all included in the Conservation land classification
as noted on page V-2 and within each only those uses permitted by 7H shall be
permitted.
• Rural with Services class (page III-1 and V-12) provides for limited services to support
basic rural land uses at low densities. This land class is applied in a one mile wide
corridor (1/2 miles on each side) of roads along which this class applies. Map 12, page
III-3, shows this proposal is within the Rural with Services class.
My opinion is if this proposal can be accomplished in accordance with applicable AEC
standards, it would nabs inconsistOPwith the CRC certified Hyde County Land Use Plan.
cc: Preston Pate
,,J6hn Parker

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Managementj&74i
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E F--i N R
Roger N. Schecter, Director RECEIVED
26 March 1996 M48 2 B 1996
ENVIRON&ENTAL
ScIENOES
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr. 6,
Major Permits Processing Coordinator g
SUBJECT: 41NOW CAMA/Dredge and Fill Permit Application
Applicant: Gary Mayo/Rose Bay Oyster Company
Project Location: Off Hwy. 264 adjacent Rose Bay Creek near Swan Quarter, Hyde County,
North Carolina
Proposed Project: To construct a new dock and bridge to access the proposed dock.
Please indicate below your position or viewpoint on the modified project and return this form
as soon as possible. If you have any questions regarding the modified project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY -4-,l This office has no objection to the modifications as proposed.
Signed
This office has no comment on the modified project.
This office approves of the modified project only if the
recommended changes are incorporated. See attached.
This office ahiects to the modified project for reasons described
ents.
c�Date
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources v
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
18 April 1996
MEMORANDUM
TO: DCM
Mr. John Parker
FROM: P.A. Wojciechowski
SUBJECT: CAMA/DREDGE & FILL Permit Application
Gary Mayo, Rose Bay Creek, Hyde County
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
--'<
f%t"!tJYALL
441�hGENENT
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
26 March 1996
f )I:0k1r)77 �I�TI 6T
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
A47LAB
EDFEE HNF 1
E
TNN TN
APR 1996
DMF-PUB. TRISUBLANDS
SUBJECT: Modified CAMA/Dredge and Fill Permit Application
Applicant: Gary Mayo/Rose Bay Oyster Company
Project Location: Off Hwy. 264 adjacent Rose Bay Creek near Swan Quarter, Hyde County,
North Carolina
Proposed Project: To construct a new dock and bridge to access the proposed dock.
Please indicate below your position or viewpoint on the modified project and return this form
as soon as possible. If you have any questions regarding the modified project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the modifications as proposed.
This office has no comment on the modified project.
This office approves of the modified project only if the
recommended changes are incorporated. See attached.
This office objects to the modified project for reasons described
in the attached comments.
Signed *,,ch Date IS A,;�-
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Adion Employer 50%recycled/10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce Freeman, Director
MEMORANDUM
TO: John Parker
FROM: Katy West /76�)
DATE: 15 April 1996
r*A
LW
p "I'll
D
1: APR 1 7 1996
DMF-PUB. TUSUBLAINDS
SUBJECT: Modified CAMA Permit Gary Mayo, Rose Bay Creek, Hyde County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF)
on the modified subject project are offered pursuant to G.S. 113-131. The modified
application proposes to bridge the man-made canal (PNA) and construct a new dock in Rose
Bay Creek. Our 08 March 1996 comments expressed the importance of Primary Nursery
Areas. The modified proposal addresses our concern with fill in the man-made canal by
providing the canal be bridged.
The NCDMF does not object to the modified project with the following stipulations:
1 . No fill be placed in the 440 ft long canal and the single bent for the bridge in
the center of the canal be of a minimum width to meet engineering
requirements.
2. Place a 1 April - 30 September moratorium on activities that will significantly
increase turbidity in the Primary Nursery Area.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal ovoortunity Affirmative Action Employer 50% recycletl/ to% posttonsumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
26 March 1996
MEMORANDUM
TO: Mr. William McNeil, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
/'5�
�EHNR
�ASN%A �o
0
SUBJECT: MQ*W CAMA/Dredge and Fill Permit Application
Applicant: 41ary Mayo/Rester Company
Project Location: Off Hwy. 264 adjacent Rose Bay Creek near Swan Quarter, Hyde County,
North Carolina
Proposed Project: To construct a new dock and bridge to access the proposed dock.
Please indicate below your position or viewpoint on the modified project and return this form
as soon as possible. If you have any questions regarding the modified project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the modifications as proposed.
This office has no comment on the modified project.
This office approves of the modified project only if the
recommended changes are incorporated. See attached.
_ This office objects to the modified project for reasons
in tl a ached comments.
Signed Date
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
26 March 1996
MEMORANDUM
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: %d CAMA/Dredge and Fill Permit Application
Applicant: RAV 0Vqer Company
11
Project Location: Off Hwy. 264 adjacent Rose Bay Creek near Swan Quarter, Hyde County,
North Carolina
Proposed Project: To construct a new dock and bridge to access the proposed dock.
Please indicate below your position or viewpoint on the modified project and return this form
as soon as possible. If you have any questions regarding the modified project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the modifications as proposed.
�i This office has no comment on the modified project.
This office approves of the modified project only if the
recommended changes are incorporated. See attached.
This office objects to the modified project for reasons described
G� in the attached comments.
Signed (, Date
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity AfrumaHve Action Employer 60%recycled/10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: John Parker
THROUGH: Terry Moore -I-X
FROM: Jeff Schaffer _-MS
DATE: 8 March 1996
/
4 f
� �AIllk
IDFEE HNFit
SUBJECT: Gary Mayo/Rose Bay Oyster Company Major Permit
Based upon my review of the numerous proposals contained in this application, I find aspects
of both consistency and inconsistency with Subchapter 7H State Guidelines for Areas of
Environmental Concern. The applicant is proposing maintenance excavation in Rose Bay Creek and
excavation of a boat basin off Rose Bay Creek. Rose Bay Creek is a tributary of Rose Bay which
is a designated Primary Nursery Area (PNA). In addition, the site of the proposed basin is in a
coastal wetland. Based upon my review of the above referenced Major Permit application and
NCAC 7H.0208(b)(1), I recommend that all excavation in Rose Bay Creek and that excavation
associated with construction of the proposed boat basin should 1d be authorized by this permit
based on the following reasons:
Rose Bay Creek is connected to Rose Bay, a designated Primary Nursery Area which makes
the proposal inconsistent with 7H.0208(b)(1) which states in part that "Navigation channel,
canals, and boat basins must be aligned or located so as to avoid primary nursery areas, ...
or significant areas of regularly or irregularly flooded coastal wetlands."
2. The applicant is requesting to conduct maintenance excavation in Rose Bay Creek. This
request is inconsistent with 7H .0208(b)(1)(J) which states "Maintenance excavation in
canals, channels and boat basins within primary nursery areas and beds of submerged
aquatic vegetation should be avoided. However, when essential to maintain a traditional and
established use, maintenance excavation may be approved if the applicant meets all of the
following criteria as shown by clear and convincing evidence accompanying the permit
application ...... No evidence has been provided by the applicant to support his request,
nor has any evidence been found showing a traditional or established use of this area of Rose
Bay Creek as a mooring facility.
3. In years past, I assume prior to any permit requirements, the headwater area of Rose Bay
Creek was channelized. However the area has naturalized to a point where it would be
extremely difficult to distinguish between the previously excavated area and those that
remained undisturbed. Although Mr. Mayo was issued a CAMA/D&F Permit (#198-87) in
1987 which included excavation in the Creek, the digging was never done.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

MEMORANDUM
€
KC4
Jeff Schafferm�� M
John Crew o
DATE: 5 February 1996
SUBJECT: Gary Mayo Project - Boat basin, new dock, bulkhead, etc. - Rose Bay
Creek - Hyde County
This proposal on behalf of Rose Bay Oyster Company includes the above activities and
maintenance excavation, fill an existing canal and creating an access road at the Rose Bay Oyster
Company site in Hyde County near Swan Quarter. The proposal involves estuarine waters,
estuarine shoreline AECs as well as public trust areas and coastal wetlands. The proposal comes
under the auspices of the May 1992 CRC certified Hyde County Land Use Plan update.
The plan offers the following limited guidance on proposals of this type:
• County policy on industrial development (page IV-6) notes "Industrial development which
can comply with the use standards specified by 15A NCAC 7H and applicable ORW
management plans may be located within conservation classified areas."
• County policy on residential, commercial and industrial development impacts on
resources (page IV-9) includes "residential, commercial and industrial development which
meets 15A NCAC 7H use standards, and applicable ORW management plans, will be
allowed in estuarine shoreline, estuarine water and public trust areas. In all other areas,
development will be allowed that is consistent with applicable local, state and federal
regulations. However, development should not be prohibited by the enforcement of 404
wetland regulations."
• The county's land classification map (page 111-3) shows the landward portion of the
proposal in the Rural With Services land class and the waterward portion of the proposal
is by definition (note 3 on page III-3) included in the Conservation land class. The
Conservation class (page III-2) notes "All uses allowed by 15A NCAC 7H will be
permitted." The Rural With Services class (page III-1) includes areas served, or are
intended to be served, by the county water system. This class also notes "Business and
industrial development uses and activities should be allowed. All uses allowed by 15A
NCAC 7H will be permitted."
My opinion is if this proposal can be accomplished in accordance with applicable AEC standards
it will not be inconsistent with the May 1992 CRC certified Hyde County Land Use Plan update.
cc: Preston Pate
-John Parker

John Parker
8 March 1996
Page 2
The applicant is also proposing to fill a 330' long by 25' wide canal in order to obtain access
to a relic spoil berm and the proposed dock. In a 14 February 1996 Memorandum signed by Roger
Schecter concerning rules adopted by the NC Coastal Resources Commission, reference is made to
15A 7H.0208(b)(11) which sanctions the practice of filling certain manmade features. This rule
change had a proposed effective date of 1 March 1996. 7H.0208(b)(11)(B) would allow the
applicant to fill this canal but only to the elevation of the adjacent coastal wetlands, however,
7H.0208(b)(11)(C) specifically states that "the filling will not adversely impact any designated
Primary Nursery Area, shellfish bed,..." Therefore, based upon the fact that this area is a PNA and
a shellfish habitat (closed to harvestl the proposal to fill in the canal entirely should be denied.
Should the applicant choose to modify his request to a bridge or perhaps a culvert, access to the relic
spoil berth could be achieved.
Based on the above inconsistencies with State guidelines in Subchapter 7H of the NC
Administrative Code and N.C.G.S.113A-120(a)(1), (8), and (10) I am recommending that the
excavation of the boat basin, excavation in Rose Bay Creek and the filling of the existing
manmade canal be denied.
The remaining aspects of the application (i.e. the dock along Rose Bay Creek) comprise a
permittable project. I recommend issuance of the permit without the inclusion of the above
referenced proposals and with the standard conditions.

State of North Carolina
Department of Environment, IFFAA
Health and Natural Resources 4 0
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
12 March 1996
MEMORANDUM
TO: John Parker
FROM: P.A. Wojciechowsk
SUBJECT: CAMA/DREDGE & FILL Permit Application
CAMA Major Permit, Gary Mayo - Hyde County
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
�' 'FcEivEO
4-4 1996
AL
DENT
P. O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled( 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries A
James B. Hunt, Jr., Governor ID E H N FR
Jonathan B. Howes, Secretary
Bruce Freeman, Director
MEMORANDUM
TO:
John Parker
FROM:
Katy West-)e, /
DATE: 08 March 1996
SUBJECT: CAMA Major Permit, Gary Mayo, Rose Bay Creek, Hyde County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF)
on the subject project are offered pursuant to G.S. 113-131. The applicant proposes to fill an
existing canal, excavate a boat basin, construct a dock and bulkhead, create an access road, and
complete maintenance excavation in Rose Bay Creek.
Rose Bay Creek is a Primary Nursery Area (PNA). Nursery areas are those portions of
estuarine waters most critical to the early life stages of marine and estuarine organisms. Initial
development of the post larval stages of many fish and shellfish species occurs in PNAs located
in the uppermost areas of estuaries and their tributaries. The importance of estuarine nursery
areas to the commercial and recreational fisheries cannot be over -emphasized. More than 90%
of the commercial harvest and 60% of the sport harvest consists of estuarine dependant species.
PNAs are very sensitive to activities on adjacent lands and changes in salinity. Although Rose
Bay Creek and canal have historically been dredged, it still functions as nursery habitat. The
NCDMF objected to maintenance dredging in this canal in 09/87 and DEM upheld the no
dredging provision in the permit issued. The NCDMF objects to the filling of the 440 ft long
canal.
The NCDMF does not object to the other proposed activity with the following stipulation:
Place a 1 April - 30 September moratorium on dredging in the Rose Bay Canal.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An equal opportunity Affirmative Action empiover so% recyciem io% post -consumer paper

x.
.�
y.
� � icy. t�

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
5 February 1996
MEMORANDUM
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application
ANW��•
�t
ED FH F1
Applicant: Gary Mayo/Rose Bay Oyster Company
RECE!Vrp
FEB 6 ,nn,
Project Location: Off US 264 adjacent Rose Bay Creek near Swan Quarter in Hyde County,
North Carolina
Proposed Project: To excavate a new boat basin, conduct maintenance excavation in Rose
Bay Creek, construct new dock, fill an existing canal, create an access
road, and bulkhead construction.
Please indicate below your position or viewpoint on the proposed project and return this form
by 26 February 1996. If you have any questions regarding the proposed project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
x 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 /G�/l ���� Date % 1'7�
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

V
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 1, 1996
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
IDEHNF=?L
SUBJECT: CAMA/Dredge and Fill Permit Application Review
APPLICANT: Rose Bay Oyster Company/Gary Mayo
� E iR .... �
TR./SUBLANDS
Mpa �XV-x-ENZ
PROJECT LOCATION: Off Hwy. 264 adj. Rose Bay Creek, Swan Quarte�;"�e Co.
PROPOSED PROJECT: To excavate a new boat basin, maintenance excavation. etc.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and infra -agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
�HPa-
�„�d,SK�f-
Signed Date ZTQ G
wr�icli
P.O. Box 27687, Raleigh, North Caolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 1 o%postconsumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 16, 1996
A 7'
74**
E:)EHNR
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator C&,-�
SUBJECT: CAMA/DREDGE & FILL Permit Application ReviAPPLICANT: Rose � Oyster Co./Gary MayoPROJECT LOCATION: Off Hwy 264 adj. Rose Bay Creek, Hyde Co
ROPOSED PROJECT: To excavate a new boat basin, dock, etc.
i
Please indicit-8 below your agency's position or viewpoint on the proposed and return this form
by March 8, 1996. If you have any questions regarding the proposed project, please contact
John Parker at 733-2293. When appropriate, in-depth comments with supporting data are
requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
v This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached Aomglents. /��/ /
Signed i,,., G�� Date ,('p rc
May 21, 1993
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

y
® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: Franklin T. McBride, Manager
Habitat Conservation Program
DATE: March 15, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Rose Bay Oyster Co./Gary Mayo,
Rose Bay Creek, Hyde County.
Biologists with the Wildlife Resources Commission have completed a review of the
project with regards to associated impacts on wildlife and fishery resources in the area. Our
comments are provided in accordance with provisions of the Coastal Area Management Act
(G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.)
The applicant proposes the following:
• fill a 330 ft. long x 25 ft. wide x 5 ft. deep canal (designated as PNA) to provide
road access to an old dredge spoil pile adjacent Rose Bay Creek,
widen the channel in Rose Bay Creek by excavating a section 380 ft. long x 20 ft.
wide x 6 ft. deep adjacent the old dredge spoil pile,
excavate a basin 60 ft. long x 25 ft. wide x 6 ft. deep at the southern end of the old
spoil pile, and
construct a dock 380 ft. long x 6 ft. wide parallel the spoil pile with three 10 ft. long
x 6 ft. wide catwalks coming off the spoil pile for access.

� , u
Rose Bay Oyster Co. 2 March 15, 1996
The project as proposed would result in the loss of 8,250 fte of canal bottom from filling,
and the loss of 1,500 ftZ of coastal wetlands and 7,600 ftZ of creek bottom due to excavation. The
old spoil pile will be used to expand commercial fishhouse activities. The excavation and filling
activities associated with this project will occur in a Primary Nursery Area with a water
classification of SA.
The Division of Marine Fisheries has determined that the proposed filling of the canal
would result in the loss of 8,250 ftZ of Primary Nursery Area. Proposals advocating filling of
wetlands or productive aquatic habitat for the purpose of creating high ground for development
are opposed by the Wildlife Resources Commission. We request that the proposed fill be deleted
from this project.
The proposed dredging will impact 7,600 ft2 of creek bottom in a PNA and could
undermine the narrow band of coastal wetlands between the spoil pile and the creek. A 10 ft.
minimum undisturbed buffer should exist between the coastal wetlands and dredging activities.
Also, a dredging moratorium should prohibit dredging between April I and September 30.
We will not oppose permit issuance if the above modifications are incorporated into the
permit conditions.
We appreciate the opportunity to provide input into this permit application review. If you
need further information on these comments, please contact William Wescott at [phone].
W W/fin
cc: Chad Thomas, District 1 Fisheries Biologist

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management i
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
5
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application
Applicant: Eiyy Mayo/Rose BaY Q1jW—r rnpany
RECEIVEG
WASHINGTON OFFICE
FEB 0 5 1996
Q,ENL
960124
FEB 0 6 IYY6
EWJRONMENTAI..prt- c�
Project Location: Off US 264 adjacent Rose Bay Creek near Swan Quarter in Hyde County,
North Carolina
Proposed Project: To excavate a new boat basin, conduct maintenance excavation in Rose
Bay Creek, construct new dock, fill an existing canal, create an access
road, and bulkhead construction.
Please indicate below your position or viewpoint on the proposed project and return this form
by 26 February 1996. If you have any questions regarding the proposed project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended
changes are incorporated. See attached.
This office objects to the project for reasons described in the
attached comments. Signed 1�n/�� � Date -Y//`' //(
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Gary B. Mayo
Route 1, Box 136-A
Swan Quarter, NC 27885
Project #960124
Hyde County
Dear Mr. Mayo:
/LTX.;IFA
ID FE F1
March 18,
The Division of Environmental Management, Water Quality Section has revie ed your
plans for the discharge of fill material into 8,250 square feet of waters located at REse Bay Oyster
Co. in Hyde county for construction of a road access. We have no objections to your dredging
plans. Based on this review, we have identified a significant use which would be removed by this
project. This use is the use of this estuaring canal by estuaring organisms such as oysters and
fish. Furthermore, insufficient evidence is present in our files to conclude that your project must
be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of your
401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information,
we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C.
Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your toad access to the upland area where your
disposal area is located by installing a bridge or culvert over the canal rather than filling in the
canal? Any documentation such as maps and narrative that you can supply to address alternative
designs for your project may be helpful in our review of your 401 Certification. Please respond
within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Ms. Deborah Sawyer at the Washington Regional Office at 1424 Carolina Ave.,
Washington, NC 27889. I can be reached at 919-733-1786 if you have any questions.
cc: Washington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
John Parker; DCM
960124.nty
Division of Environmental Management • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 500/6 recycled/ 10% post -consumer paper

March 4, 1996
Division of Environmental Management
Water Quality Section
Washington Regional Office
L� F_zz
To: John Dorney
Through: Jim Mulligan
Through: Roger Thorpe MpR�pwSiR�Nj
From: Deborah Sawyerw
Subject: CAMA Permit Application Review
Gary Mayo/Rose Bay Oyster Co. < 9
Hyde County
The above subject proposed project has been reviewed by this
office. The applicant, Gary Mayo/Rose Bay Oyster Company, has
applied for a LAMA Major Permit. The site is located adjacent to
U.S. Highway 264 and Rose Bay Creek in Hyde County. The applicant
is requesting a permit to fill a man-made canal in order to
construct a roadway to acquire access to a high -ground area across
the man-made canal. The applicant wishes to access the area to
construct a boat basin and a pier and catwalk to facilitate the
docking of commercial fishing vessels. The high ground is a relic
spoil area. The applicant originally inquired of the Division of
Coastal Management the possibility of constructing the roadway
adjacent to the canal in coastal marsh. He was informed by the DCM
that the DCM regulations state that a private roadway can't be
constructed in coastal marsh. A variance would need to be issued by
the Coastal Resources Commission. The applicant therefore submitted
an application to fill the man-made canal to construct a roadway to
gain access to his high -ground property. The applicant was informed
by the DCM that he could propose to construct a bridge or culverted
roadway to gain access to his high -ground property with less impact
to waters of the State. The applicant did not wish to propose this
due to added costs and liability. There is no documentation as to
added costs and/or liability of this alternative supplied by the
applicant in this application.
The Division of Environmental Management has classified Rose Bay
Creek as SA Waters. The Division of Marine Fisheries has classified
these waters as a Primary Nursery Area. The man-made canal is an
unnamed tributary to these waters and was constructed prior to 1986
therefore carrying the same classification as Rose Bay Creek. The
WaRO has no objections to the the dredging of the boat basin. The
area does include a small area of coastal marsh (1500 square feet)
but this office does not view this activity as a significant loss
of use (change from fringe marsh to open water). The dredging
activity proposed at the bank is acceptable if the dredged depth is
no deeper than adjacent waters. This office does, however, object
to the filling of the man-made canal. This area is SA waters and

does contain oysters at times (information from DMF). The area is
also a functioning PNA (per DMF). To fill these waters would be a
significant loss of use and therefore a violation of the State
Antidegradation Policy. The applicant does have two (2)
alternatives: (1) construct a bridge between the two high -ground
areas, and (2) construct a culverted roadway between the two high -
ground areas. Either alternative would allow the applicant to gain
access to his high -ground property.
It is the recommendation of this office to deny the permit
application as proposed due to the potential violation of the
Antidegradation Policy. If the applicant would place his
application on hold and submit an alternative proposal to filling
the waters, this office would reconsider this recommendation.
Additional plats showing the alternative proposal would need to be
submitted to this office for review.
If you have any questions or comments, please call this office at
946-6481. Thank you.
cc: Jimmy Overton
L,Tohn Parker, DCM
Terry Moore, DCM
Katy West, DMF

To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERM APPLICATION REVIEW
WaRO PROJECT # WQ SUPERVISOR: THORPF.
REVIEWER: SAWYER DATE: 3//
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING /
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJECT NAME:�fy T '
PROJECT TYPE: x//.,(! lw.ta. .o TYPE: AH COE
COE #: DOT #:
RCD FROM CDA: � DATE FROM CDA: / 0?`11/96
REG OFFICE: WaRO RIVER AND SUB BASIN #: /f}r_© %
STREAM OR CLASS 5A ADJACENT WATER BODY: l�oSe ��:S REAM INDEX #. 0
OPEN OR OS f
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
S
HYDRO CNECT?; WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE. RATING SHEET ATTACHED?
RECOMMENDATION: ISSUE ISSUE/COND /HOLD
STORMWATER PLAN REQ'D: i IF YES, DATE APPROVED:abm
P JECT DESCRIPTIO : \
�j r�xSai �U %!�
ec,A �'// �0C1C- �CG'lfGas E. f lJwi�h22y bJa�i'�CS.iJ p. / L�an.a.� sLF/-
WATER QUALITY CERT. (Ol)
CERT. REQ'D: nn
IF YES, TYPE: Lnc�'•
SEWAGE DISPOSAL
TYPE OF DISPOS ED:
EXIST , PROPOSED, <_p LKtP ETC.)
TO BE PERMITTED BY:
(DEM, DHS,
IF
BY DEM, IS SITE
AVAILABLE AND PERMIT
ISSUANCE PROBABLE:
WATER/WETLAND FILL
// Z
AREA
OF FILL: WATER: $ g 1h'
WETLAND:
IS
FILL ELIMINATING
A SIGNIFICANT USE?
e-!5
DREDGING
9'/0 f '-
AREA
TO BE DREDGED:
IS
DREDGING ACTIVITY
EXPEL TO CAUSE A
SIGNIFICANT LOSS OF
MARINA IS
RESOURCE?
SPOIL DISPOSAL ADEQUATELY ADDRESSED?
ye--5
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office

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Coastal Primary Nursery Areas
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
1 1 _ts_�11 Jul
TO:
FROM:
SUBJECT:
Applicant:
5 February 1996
Mr. Charles Gardner, Director
Division of Land Resources
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/Dredge and Fill Permit Application
�EHNF 1
friary Mayo/Rose.0.Qvster. Company
FFe'2'9
996
CE,y fNr
Project Location: Off US 264 adjacent Rose Bay Creek near Swan Quarter in Hyde County,
North Carolina
Proposed Project: To excavate a new boat basin, conduct maintenance excavation in Rose
Bay Creek, construct new dock, fill an existing canal, create an access
road, and bulkhead construction.
Please indicate below your position or viewpoint on the proposed project and return this form
by 26 February 1996. If you have any questions regarding the proposed project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
/ This office approves of the project only if the recommended
changes are incorporated. See attached.
This office objects to the project for reasons described in the
ed comments.
Signed /,� Date
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
MEMORANDUM
TO: John R. Parker, Jr./Stephen Benton
Major Permits Processing section
Division of Coastal Management
FROM: Patrick H. McClain 7*1i
Assistant Land Quality Regional Engineer
Washington Regional office
SUBJECT:
61
This office will require that:
1. The area be properly graded.
2. A permanent ground cover,sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
_3. The exterior slopes of the disposal area dikes be at an
angle no steeper than 1 1/2 H: 1 V.
v 4. Appropriate erosion and.sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berms,
sand fence, etc.).
5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
8. Other:

State o N rth Carolina
Depart e t of Environment,
I., Health Natural Resources
(1' Division of stal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 16, 1996
MEMORANDUM
TO: Ms. Linda Sewall
Director
Division of Environmental Health
RECEIVED
FEB :: lco.<
OR OF ENVIRONkzr; :4L
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit APPlication Review
APPLICANT:Co./Gary Mayo
PROJECT LOCATION: Off Hwy. 264 adj. Rose Bay Creek, Hyde Co.
PROPOSED PROJECT: To excavate a new boat basin, dock, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
{� This agency approves of the project, only if the recommended
00 — changes are incorporated. See attached.
This agency objects to the project for reasons described in the
' attached �comments.
Signed
Date Q
!
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Eoual opportunity Affirmative Action Employer 50%recycled/ 1 o% post -consumer paper

MEMO
DATE:
SUBJE
CT:
From:
y^ST h'
North Carolina Department of Environment,
Health, and Natural Resources
- •�Guu. aJ�. V�J Printed on Perycletl Paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
FROM:
SUBJECT:
0
February 16, 1996
A '5�
7L4*3
)A
EDFEE HNR
R cEIvE9
mm 15 096
Environmental Review Coordinator
Division of Archives and History
John Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: RoseBayOyster Co./Gary Mayo
PROJECT LOCATION: Off Hwy. 264 adj. Rose Bay Creek, Hyde Co.
PROPOSED PROJECT: To excavate a boat basin, dock, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
V_L— 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.
Signec�� ( Date
�
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 16, 1996
Iu I Dh6F c1)7 .1� 11yiNi
TOd Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
C)EHNR
11,
FROM: John Parker, Jr. 12 1
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review 1V�995
MpRc�Nt
APPLICANT: RpSEM
.0 Bay Oyster Co.TMayo 0) Mp�4
PROJECT LOCATION: Off Hwy. 264 adj. Rose Bay Creek, Hyde Co.
PROPOSED PROJECT: To excavate a boat basin, dock, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date 7 IS-ft
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
5 February 1996
MEMORANDUM
TO: Mr. William McNeil, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application
ti.�• 1
IDEHNF1
Applicant: Gary Mayo/Rose Bay Oyster Company
Project Location: Off US 264 adjacent Rose Bay Creek near Swan Quarter in Hyde County,
North Carolina
Proposed Project: To excavate a new boat basin, conduct maintenance excavation in Rose
Bay Creek, construct new dock, fill an existing canal, create an access
road, and bulkhead construction.
Please indicate below your position or viewpoint on the proposed project and return this form
by 26 February 1996. If you have any questions regarding the proposed project, please contact
Jeff Schaffer at 946-6481, Ext 299. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended
changes are incorporated. See attached.
the project for reasons described in the
Date JC
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N i1
Roger N. Schecter, Director
2
February 16, 1995 f
FfRfC f/V9
CI► �
8 26 1
MEMORANDUM ,= rAL 6
- - — N -ca
-
1`O: Mr. Larry R: Goode, Phd., P.E.
Highway Administrator
Division of Highways 9
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Rose Bay Oyster Co./Gary Mayo
PROJECT LOCATION: Off Hwy. 264 adj. Rose Bay Creek, Hyde Co.
PROPOSED PROJECT: To excavate a boat basin, dock, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
zThis 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
ttach d omments.
6 Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina RECENEO
Department of Environm EB 2BA996 w
Health and Natural Reso a wa,1nL •
Division of Coastal Managemen MANAGEMENT 1 •
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary < 9 y E H N F1
Roger N. Schecter, Director
February 16, 1996
MEMORANDUM
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM:
SUBJECT:
John Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Rnce Bav (")VXtPr V.
PROJECT LOCATION: Off Hwy 264 adj. Rose Bay Creek, Hyde Co.
PROPOSED PROJECT: To excavate a boat basin, docl, etc.
Fig 1996
Received
state
oronOrty Qjj1CP
r4
G
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 8, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
�attached comments.
Signed V Date a 2
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 9M733-2293 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

r-
DEPARTMENT OF THE ARMY ED!
WILMINGTON DISTRICT, CORPS OF ENGINEERSP.O. BOX 1890,
WILMINGTON, NORTH CAROLINA 28402-1890 -
REPLYTO
ATTENTION OF
April 12, 1996
Regulatory Branch
Action ID No. 199601318
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27667
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the revised application of the Rose Bay Oyster Company for a
Department of the Army (DA) permit to construct a bridge over a man-made canal
and build a dock, on property identified as the Rose Bay Oyster Company,
located off US Highway 264, adjacent Rose Bay Creek, near Swan Quarter, Hyde
County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. No vegetated wetlands will be excavated or filled.
3. The permittee will maintain the authorized work in good condition and
in conformancewiththe terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
4. The authorized structure and associated activity will not cause an
>>nacceptable interference with navigation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
e. ,�
•elly,,
Raleigh Bland, P.W.S.
Regulatory,Project Manager_
r. � RECEN��
,,I/ APR 18 1996
� N1pNA&EA EP1T

-2-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
U.S. Fish and wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
1424 Carolina Avenue
Washington, North Carolina 27889-2188

T UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
01110, i NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive North
St. Petersburg, Florida 33702
February 29, 1996
� 1
1
Colonel Robert J. Sperberg
District Engineer, Wilmington District R 0 19
Department of the Army, Corps of Engineers 4011l�ti�rt
P. O. Box 1890 Q► t�h4''�
Wilmington, North Carolina 28402-1890
Attention Raleigh Bland
Dear Colonel Sperberg:
In accordance with Part II, Section 4 of the current Memorandum of
Agreement between the Departments of Commerce and the Army, I am
offering the following comments on permit application 199601318(GP)
dated February 9, 1996. The applicant, Mr. Gary Mayo, proposes to
dredge and place fill in wetlands and construct a dock on his
property adjacent to Rose Bay Creek near Swanquarter, Hyde County,
North Carolina. The purpose of the work is to provide access to an
old spoil island and improve the facilities at his oyster house.
The proposed project consists of placing fill material in a 330-
foot-long by 25-foot-wide by 5-foot-deep canal. The canal
separates the applicant's parking area from the adjacent marshlands
and is connected to the waters of Rose Bay Creek. A 30-foot-long
bulkhead would be constructed at the mouth of the canal to retain
the fill. Also proposed is the excavation of a 60-foot-long by 25-
foot-wide by 6-foot-deep boat basin at the southern end of an old
spoil island on the applicant's property. In addition, maintenance
excavation to a depth of six feet deep of a 380-foot-long by 20-
foot-wide area parallel to the shoreline of Rose Bay Creek would be
accomplished with a backhoe. The dredged material from this work
and excavation of the boat basin would either be placed in the
canal or on the old spoil island. A 380-foot-long by 6-foot-wide
dock would be constructed parallel to the shoreline of the spoil
island with three 10-foot-long by 6-foot-wide catwalks for access.
The project area consists of the waters of Rose Bay Creek and the
irregularly flooded Juncus roemerianus marsh that surrounds the
applicant's upland property. The areas to be excavated are
designated by the North Carolina Division of Marine Fisheries as a
primary nursery area (PNA). PNAs are defined as those areas in
which for reasons such as food, cover, bottom type, salinity,
temperature, and other factors, young finfish and crustaceans spend

the major portion of their initial growing season.l Project area
wetlands provide food, habitat, and water quality maintenance
functions that are important for the continued production of
fishery resources under our purview.2 Commercially,
recreationally, and ecologically important species found in the
project area include Atlantic croaker (Micropoaonias undulatus),
spot (Leiostomus xanthurus), spotted seatrout (Cynoscion
nebulosus), southern flounder (Paralichthvs lethostiama), Atlantic
menhaden (Brevoortia tyrannus), striped mullet (Mugil cephalus),
killifish (Fundulus heteroclitus), brown shrimp (Penaeus aztecus),
and blue crab (Callinectes sapidus).3
Based on a previous inspection the project site in response to
Public Notice 89-N-048-0122 and coordination with the North
Carolina Division of Coastal Management, we have determined that
portions of this work would be detrimental to fishery resources.
The proposed placement of fill in the canal would result in the
loss of 0.19 acre of shallow water habitat that is connected to a
PNA, with an additional 0.17 acre of PNA altered by dredging in
Rose Bay Creek. The excavation of the proposed boat basin would
convert 0.03 acre of marshlands to open water. Also, it is our
understanding that the wetland limits of the old spoil island have
not been delineated. Therefore, the extent to which the proposed
placement of fill on this site will impact wetlands has not been
precisely determined.
The National Marine Fisheries Service is opposed to work adversely
impacting wetlands and PNAs that support living marine resources,
especially when alternatives are clearly available. In 1989,
federal authorization was granted to the applicant to construct a
bridge over the canal to provide access to the old spoil island and
to construction a dock along the shoreline of the island. Although
neither was constructed, the use of a bridge to provide access to
the spoil island remains a viable alternative which would eliminate
the need for filling the canal. Alternative upland sites are also
available for the boat basin. Therefore, we recommend that federal
authorization of this work not be granted unless the following
recommendations are incorporated into the project plans.
1. The placement of excavated or fill material in the canal
shall be deleted from the project plans.
1North Carolina Fisheries Rules for Coastal Waters. 1995-1996.
Subchapter 3N .0002(a).
2Stout, J.P. 1984. The ecology of irregularly flooded salt
marshes of the northeastern Gulf of Mexico: a community profile.
U.S. Fish and Wildlife Service Biol. Rep. 85(7.1). 98pp.
3Noble, E.B. and F.J. Monroe. 1991. Classification of Pamlico
Sound nursery areas: Recommendations for Critical Habitat Criteria.
APES Project Number 89-09, pp 81.

2. The dredging in a PNA shall be deleted from the project
plans.
3. The excavation of a boat basin in wetlands shall be deleted
from the project plans.
4. The wetland limits of the old spoil site shall be delineated
and all fill shall be retained on the upland portion of the site.
Alternatively, we would not object to the construction of a bridge
to the spoil site, the construction of the dock as proposed in the
current notice, and the construction of the boat basin in high
ground or in the mouth of the canal where it connects with Rose Bay
Creek.
We appreciate the opportunity to provide these comments. If we can
be of further assistance, please advise.
Andtdas Mager/,Or.
Assistant Reg onal Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE02

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS (ca
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY O L� O`� b
ATTENTION OF
Regulatory Branch
Action ID. I I I h D I3 I S Applicant' �ROISC &J OBI 5 w Co. &11 j mal Q
Waterway L County nType Work Ly i 0 4G`C
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island :4
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr• 'Turry OA ooY
W i Regional Office
Division o Coastal Management
North Carolina Department of
Environment, Heallth and
Natural Resourc s
141L C :!X1WV denN2
Pursuant to Action ID No. 198000291, the LAMA -Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before Aviri `
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely, (T7
WO
89661
ETAL
MENT
Raleigh B Regulatory Project Manager
Enclosure

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
February 9, 1996
Regulatory Branch
Action ID No. 199601318
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Gary Maya for Department of the Army
(DA) authorization and a State Water Quality Certification to excavate a
new boat basin, undertake maintenance excavation in Rose Bay Creek, place
fill material in an existing canal, and construct a new dock, access road,
and bulkhead on property identified as the Rose Bay Oyster Company, located
off US Highway 264, adjacent Rose Bay Creek, near Swan Quarter, Hyde County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of
our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by April 9, 1996, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland
Project Manager
Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
M John Parker
ivision of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO Q1 AA
ATTENT0.7N OF �e•N�U h1rV 1
Regulatory Branch
Action I1
Waterway.
Mr. Larry Hardy
National Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
Carolina 28516
Ms. L. K. (Mike) Gantt
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street .
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Past Office Box 27687
Raleigh, North Carolina 27611-7687
v DO
WWII A A IT f1l Regional Office
Division of Coastal Management
North Carolina Department of
Environment, Health and
IZegtu 1 Re es
11 c a �8
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before JlI I
Questions or comments M
be addressed to
Regulatory Branch, wc"I'IrIA4Field Office, telephone (11, ) -gig" W6
Sincerely,
!iai,Wright
Q"Chief, Regulatory Branch .:
Enclosure
atrya:SF,a.; .
a
ftw m M � P...

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO
ATTENTION OF
February 9, 1996
Regulatory Branch
Action ID No. 199601318
Rose Bay Oyster Company
ATTN: Mr. Gary B. Mayo
Route 1, Box 136-A
SwanQuarter, North Carolina 27885
Dear Mr. Mayo:
On February 11, 1991, we renewed General Permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received February 6, 1996, for Department
of the Army (DA) authorization to excavate a new boat basin, undertake
maintenance excavation in Rose Bay Creek, place fill material in an existing
canal, and construct a new dock, access road, and bulkhead on property
identified as the Rose Bay Oyster Company, located off US Highway 264,
adjacent Rose Bay Creek, near Swan Quarter, Hyde County, North Carolina,
indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will
be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199601318.
It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field
Office at telephone [phone], extension 23.
Sincerely,
Raleigh Bland
Project Manager
Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Terry Moore, District
Washington Regional Office
North Carolina Division of
1424 Carolina Avenue
--` Office Box 2188
ington, North Carolina
Manager
Coastal Management
27889-2188

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF
March 4, 1996
Regulatory Branch
Action ID No. 199601318 N 12
�° REEEEIVE0"
'OAR 6 1996
Rose Bay Oyster Company WASfAL
ATTN: Mr. Gary B. Mayo MANAGEMENT
Route 1, Box 136-A
Swanquarter, North Carolina 27885%Dear Mr. Mayo: 9j
On February 6, 1996, you applied for Department of the Army (DA)
authorization to excavate a new boat basin, undertake maintenance excavation
in Rose Bay Creek, place fill material in an existing canal, and construct a
new dock, access road, and bulkhead on property identified as the Rose Bay
Oyster Company, located off U.S. Highway 264, adjacent Rose Bay Creek, near
Swan Quarter, Hyde County, North Carolina.
5W
After review of your proposal, the United States Environmental Protection
Agency and the National Marine Fisheries service, recommended denial of your
application by letter(s) dated February 26, 1996, and February 29, 1996
(copies enclosed). These recommendations are due to anticipated adverse
environmental impacts,
Our administrative process provides you the opportunity to propose a
resolution and/or to rebut any and all objections before a final decision is
made. In this regard, I would appreciate being made aware of your intentions,
in writing, on or before March 18, 1996.
Please contact me at telephone [phone], extension 23, if you have
any questions regarding the processing of your application, or need any
assistance in coordinating with the review agencies.
Sincerely,
Raleigh Bland
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
JDivision of Coastal Management
North. Carolina Department,of Environment.,_
Health and Natural Resources.,
Post Office Box 27687 -
Raleigh,-North,Carolina 27611-7687

v
-2-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365

State of North Carolina
Department of Environment,
Health and Natural Resources 1' • •
Division of Coastal Management
James B. Hunt, Jr., Governor r� �-
Jonathan B. Howes, Secretary E H N R
Roger N. Schecter, Director April 18, 1996
Mr. Gary B Mayo
Route 1 Box 136-A
Swan Quarter, NC 27885
Dear Mr. Mayo:
The Division of The Division of Coastal Management hereby acknowledges receipt of the
modified pemut application for the proposed development of your property adjacent to Rose Bay
in Hyde County. This modified application was received on March 25, 1996, on which date the
processing of your application for a Coastal Area Management Act (CAMA) pemut was renewed.
The projected deadline for making a decision on your application is now April 23, 1996.
An additional 75-day review period is provided by law when such time is necessary to
complete the review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this letter
will serve as your notice of extended review. However, an additional letter will be provided on or
about the 75th day.
A field report has been prepared and is in the process of being circulated to the various
state and federal review agencies for their comments. If additional information is required based
on this review, the Division or other agencies may contact you directly. Please feel free to contact
me at [phone] should you have any questions concerning this matter.
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: DCM-Morehead City
DCM-Washington
P.O. Box 27687, N%q*-CAn
FAX [phone]
Raleigh, North Carolina 27611-7687 Equal Opportunity/Affirmative Action Employer
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 18, 1996
Rose Bay Oyster Co.
Route 1, box 217
Swan Quarter, NC 27885
Attention: Mr. Gary Mayo
Dear Mr. Mayo:
A&7VA
�EHNR
This letter acknowledges your request for a temporary abeyance of the processing of the
Coastal Area Management Act (CAMA) permit application for the proposed development of your
property adjacent to Rose -bay Creek, in Swan Quarter. In accordance with your request,
processing of your application will be halted until such time as a request to renew processing is
received by this office. As required by T15A:077.0204(d), during the pendency of any suspension
of processing, the permit processing period will not run.
If you have any questions concerning this matter, please feel free to contact me at (919)
733-2293, P.O. Box 27687, Raleigh, N.C. 27611.
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: Jeff Schaffer, DCM - Washington
DCM - Morehead City
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50%recycled/ 1o%post-consumer paper

State of North CarolinaIF
Department of Environment,
Health and Natural Resources •
Division of Coastal Management _
James B. Hunt, Jr., Governor + k
Jonathan B. Howes, Secretary E:) E H N FR
Roger N. Schecter, Director
MEMORANDUM
TO:
John Parker
THROUGH:
Terry Moore c_7_ ,
FROM:
Jeff Schaffer ,7-P-5
DATE:
2 February 1996
SUBJECT:
Gary Mayo/Rose Bay Oyster Company Major Permit Application
This office has received the subject application. I am sending this out to the other review
agencies, and will submit my comments and recommendations at a later date. Please keep me
informed of the nature of the comments you receive on this application.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N F1
Roger N. Schecter, Director
2 February 1996
Box 136A
Swan Quarter, North Carolina 27885
Dear Mr. Mayo:
The Division of Coastal Management hereby a, receipt of your
application for State approval for development of your property located off Hwy.
264, adjacent Rose Bay Creek near Swan Quarter, Hyde County, North Carolina. It
was received on 31 January 1996 and appears to be adequate for processing at this
time. The projected deadline for making a decision is lAwmewil 1996. An
additional 75-day review period is provided by law when sucjhi time is necessary
to complete the review. If you have not been notified of a final action by the
initial deadline stated above, you should consider the review period extended.
Under those circumstances, this letter will also serve as your notice of an
extended review. However, an additional letter will be provided on or about the
75th day. Should there be any questions on this procedural change, do not
hesitate to contact me.
N.C.G.S. 113A-119(b) requires that notice of an application be posted at
the location of the proposed development. Enclosed you will find a "Notice of
Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be:
nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property, or at a point along the road right-of-way where a private
road would lead one into your property. Failure to post this notice could result
in an incomplete application.
An onsite inspection will be made and if additional information is
required, you will be contacted by the appropriate State or Federal agency.
Please contact me if you have any questions and notify me in writing if you wish
to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Jeffrey R. Schaffer
Field Representative
JRS:pdp
ENCLOSURE
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/1 0% post -consumer paper

MEMORANDUM
TO: Jim Mulligan
Deborah Sawyer
FROM: Jeff Schaffer - S
DATE: 2 February 1995
SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit
Gary Mayo/Rose Bay Oyster Company
Hyde County, North Carolina
Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was
received byime on 31 January 1996. I am considering this application complete, have
acknowledged receipt, and have begun processing.
If you have any questions do not hesitate to contact me.
8

_. .
DAVISe DAMS
ATTONN[TD AT LAW
.I YWAN OU.Nf[N. NBC:
NORTH CAROLINA
HYDE COUNTY
*respectve
foregoing certificates of
a Notary Public of the County .ofState of North Carolina, of
a Notary Public of the County of
State of North Carolina and of
a Notary Public of the County of
State of North.Carolina, together with their
rial Seals attached, are certified to be
correct. This instrument was presented for registration-.
this day and hour and duly recorded in the Office •of the
Register of Deeds of Hyde County, North Carolina,. in Real
Estate Book at page 5L/[s
This the -d day of �, 1987, at
12D o'clock lN.
-Register of Uppas Ir
Hyde County, North Carolina u j
grantor ��I, rr::n.��
j

' r
STATE OF NORTH CAROLINA
COUNTY OF +
a Notary Public of
i0 the County of , State of North Carolina, do hereby
certify that WALKER LEVON MILES AND WIFE, ROBIN W. MILES
personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witness my hand and Notarial Seal, this the /�+L
r ..a, nw••c iiay' Of ILI . 19.877...E J
T }!.' ✓ '� JN'�ollta y Public 1
• sow':•'.:' �V
:•/i . �dy C ommission expires: •
„I ;,gi`ATE 'bF NORTii CAROLINA
COUNTY OF 1-1 (-/
I .act/ , a Notary Public
of thh County of --, -State—si Ntrth Carolina, do
hereby certify that v 1•� -~ —Personally
appeared before me this day and ackno ledged that S he- is
--F, ,, _ Secretary of ROSE BAY OYSTER COMPANY, INC., a North
Carolina corporation, and that by authority duly given and
as an act of the corporation the foregoing was signed in its
name by its President, sealed with its corporate
seal and attested by y u ) as its Secretary.
Witness my hand and notarial seal, this the fltiz.
day of , 1987.
U
i:t R }' : Noltary Public
9 L.0fY •cpmmission expires:
' ......STATE OF NOR%TTI CAROLINA
COUNTY OF I"LL_
I,a Notary Public of
the County of �— . State of.North Carolina, do hereby
certify that HOWARD R. WILLIAMS AND WIFE, BARBARA B.
WILLIAMS personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
(AR
PI,HI
c
' DAVIS 8 DAVIb'"
ATTONNf VS AT LAN
SWANCUAS,TN,NC.
Witness my hand and Notarial Seal, this the_��
day ,of Q.r✓x�• 1987. •
y'•, Not ry Pub is
ission expires:

N.
CO
.Q:1j
liJ
P
N
CQ
H
DAVIS& DAVIS
ATTONN[•! AT LAN
SWAN QUAN1gp. N.C.
Thomsa E. Mayo dated the 14th day of April,
1969 and recorded in the Office. of the
Register of. Deeds of Hyde County, North
Carolina in Deed Book. 88 at page 268. EXCEPT
SO MUCH THEREOF as is described in the Second
Tract above and so much thereof as is,
described in a Deed from Judith's
Narrows -Rose Bay Oyster Company, Inc. to, Gary
Benson Mayo, dated the 7.3rd day of. September, .
1975, and recorded in the office of tho
Register of Deeds of Hyde County, North
Carolina in Real Estate Book 99 at page 752.
TO HAVE AND TO HOLD the aforesaid- tracts or
parcels of land and all privileges and appurtenances
thereunto belonging or in anywise thereunto .appertaining
unto them the said parties of the second.part, their heirs
and assigns,' to their only use and behoof in'fee simple
absolute forever.
AND THE SAID parties of the first part do, for
themselves and their heirs, executors, and administrators
covenant to and with the said parties of the second part,
their executors, administrators, heirs, and assigns, that
they are seized of the First and Second Tracts described
above' in fee and have a right to convey the same in fee
simple; that the First and Second Tracts are free and clear
from all encumbrances and that they do .hereby forever
warrant and will forever defend the title to the said First
and Second Tracts against all other lawful claims.
IN TESTIMONY WHEREOF, the said parties of the
first part have hereunto set their hands and seals and have
caused this instrument to be executed in its corporate name,
the day and year first above written.
P'GST f
cant/ ...
ell.
l L'"f' '� '74'. r•., /%s rGC'' (SEAL)
Walker LevonlM.tiMles
(SEAL)
Robin W. Miles
ROSE BAY OYSTER COMPANY, INC.
President
iJ
U 1 IAYPa/ �
E SEAL)
(SEAL)
Howard R. Williams
(SEAL)
Barbara B. Williams
W

'f
i
,e
I
DAVIS d DAVIS
ATTORNCI! AT LAw
SWAN OVA w.. n. N.C.
I
land lying and being in the County, of Hyde,
in the State of North Carolina and covered by
the waters of that part of Pamlico Sound
known as Judith's Narrows and being more
particularly described as follows:
BEGINNING at a point now or formerly
evidenced by a post set in the ground which
post is situated South 11 degrees 50 minutes
West from the Rose Bay Watch tower, South 55
degrees 05 minutes West from tl;e Swan Quarter
Water tank and South 73 degrees 00 minutes
West from another watchtower lying to the
Southeast of said water tank; running from
said beginning point South 19 degrees 10
minutes East, 652 feet to a point; running
thence South 7 degrees 10 minutes West, 672
feet to a point; running thence South 45
degrees 15 minutes West, 396 feet to a point;
running thence South 51 degrees 35 minutes
East, 966 feet to a point; running thence
South 40 degrees 20 minutes East, 640 feet to
a point in the Northeestwardmost corner of
that oyster bed described in a deed from
Judith's Narrows -Rose Bay Oyster Company,
Inc. to Gary Benson Mayo dated the 23rd day
of September, 1975 and recorded in the office
of the Register of Deeds of Hyde County>
North Carolina in Real Estate Book 99 at page
752; running thence due West along the
Northward boundary of said Mayo parcel, 3110
feet to a point in the Northwestwardmost
corner of said Mayo parcel; running thence
North 59 degrees 30 minutes East, 843 feet to
a point; running thence North 30 degrees 45 .
minutes West, 590 feet to a point; running
thence North 25 degrees 45 minutes West, 590
feet to a point; running thence North 30
degrees 45 minutes East, 396 feet to a point;'
running thence South 86 degrees 15 minutes
West, 406 feet to a point; running thence.
North 44 degrees 30 minutes West, 690 feet to
a point; running thence North 41 degrees 45
minutes East, 1520 feet to a point evidenced
by a post 'set in the bottom of Pamlico Sound;
running thence South 67 degrees 05 minutes
East, 1580 feet to the point of beginning
containing 150.97 acres, more or less.
This second tract is the identical tract or
parcel of land shown on a map prepared by
Carlyle C. Webb, Surveyor, from a survey made
by him in August, 1969, showing a magnetic
bearing of September, 1975, and recorded in
the Office of the Register of Deeds of Hyde
County, North Carolina in Plat Cabinet A,
Slide 179A and made a part hereof for the
purpose of description.
THIRD TRACT: ALL OF THE RIGHT, TITLE, CLAIM
AND INTEREST of the parties of the first
part, or any of them, in those perpetual
franchises for the purpose of raising and
cultivating shellfish on that certain oyster
bottom described in a deed from Clarence B.
Jennette and wife to Troy W. Mayo and wife,

c:
.I A',
`e y
DAVADAVI6
ATTOAM[TY AT LAM
SWAM QUAAT[I.. N.C.
NORTH CAROLINA
HYDE COUNTY
'4r..0 .y... •.. �... ...: •:...... _.... .r ........I
va 127 wu 546'
THIS DEED, made and entered into this the /.2 'day
1987, by'WALKER LEVON MILES AND WIFE,
ROBIN W. Pi LES, of the County of Pitt, State of North
Carolina, ROSE BAY OYSTER' COMPANY, INC., .a North Carolina
corporation'; AND 'HOWARD R. WILLIAMS AND WIFE, 'BARBARA B.
WILLIAMS, of the :County of Pitt, State of North Carolina,
parties of the first part, to PATTY C. JARVIS, CHARLES ALLEN.
CARAWAN, ROBERT EUGENE CARAWAN AND GARY'BENSON MAYO, of the
County of Hyde, State of North Carolina, parties of the
second'part, WITNESSETII:
That said parties of the first part, for TEN '
DOLLARS and other valuable considerations to them .in hand
paid'by the said parties of the second part, the receipt of.•
which is hereby acknowledged, have bargained and sold and by'
these presents do grant, bargain, sell and convey unto the
said parties of the second part, their heirs and assigns,
those certain tracts or parcels of land in Swan Quarters
Township, Hyde County, North Carolina, which are more
particularly described as follows:
FIRST TRACT: That certain parcel of land
located in Rose Bay .Section, Swan Quarter..
Township, in Hyde County, North Carolina,
which is more particularly described as.
follows:
BEGINNING at a point in the Southward edge of "
U. S. Highway #264 where the same is
intersected by the Eastward edge of Rose Bay
Creek; running thence in an Eastward'
direction along the Southward edge of U. S.
Highway #264 to Jewel Creek Ditch; running
thence in a Southward direction along *said
Jewel Creek Ditch to a point in the Northward
edge of the right of way of the old abandoned
public road which formerly.led from Rose Day
to Brickhouse .Fork; thence running in a
Westward or Southwestward direction along the
Northward edge of said old road right of way
to a point in the Eastward edge of Rose Bay
Creek where the same is intersected by the
Northward edge of the old public road right
of way; running thence in a Northward
direction along the Eastward edge df the'Rose
Bay Creek and with the meanders 'thereof to
the point of beginning, containing 18 acres, .
more or less.
SAVING AND EXCEPTING FROM THE ABOVE DESCRIBED
FIRST TRACT HOWEVER, that certain parcel of. :
land containing 4.2 acres, more or less, .
described in a deed from Clarence B. Jennette
and wife, to E. V. Floyd and wife, dated the.
14th day of April, 1969 and recorded in the
Office of the Register of Deeds of Hyde
County, North Carolina in Deed Book 88.at
page 255.
SECOND TRACT: A perpetual franchise for the
purpose of raising and cultivating shellfish .
in and on the following described area of
0

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PS Fdrm 11, December 1991 *U.S. 1ea�3sz-714 DOMESTIC RETURN RECEIPT

LINITEQ STATES POSTAL SERVICE 111111
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, M
Print your name, address and ZIP Code here

•SENDER:
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Y • Complete items 3, and as & b. following services (for an extra
E • Print your name and address on the reverse of this form so that we can fee):
jreturn this card to you.
` • Attach this form to the front of the mailpiece, or on the back it space 1. ❑ Addressee's Address
does not permit.
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• The Return Receipt will show to whom the article was delivered and the date
C delivered. Consult postmaster for fee.
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W oata/rt... l �� a789i - ❑ Express Mail ❑ Return Receipt for
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%.PS Form 3811, ember 1991 *U.S. GPO: 1993-352a14 DI
RETURN RECEIPT

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Gary Mayo/Rose Bay Oyster Company
2. LOCATION OF PROJECT SITE: Hyde Co. off Hwy 264 adjacent Rose Bay Creek near SwanQuarter
Photo Index - 1989: NA 1984: 89 1063; H12, I12, H13, I13, J13, I14
State Plane Coordinates - X: 2,772,800 Y: 633,600 (Scranton Quad - Upper Right Comer)
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - l l/1/95; 11/15/95; 12/11/95; 1/31/96
Was Applicant Present - Yes; Yes; Yes; Yes
5. PROCESSING PROCEDURE: Application Received - 1/31/96
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation - Water; Rural with Services - Land
(B) AEC(s) Involved: ES, EW, PTA, CW
® Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Se cColD
(F) Type of Structures: Exis
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
1,500 ft2
(B) Non -Vegetated Wetlands
7,600 ft2
8,250 ft2
(Canal Bottom)
© Other
19.000 ft2
(Re lic Spoil Berm)
(D) Total Area Disturbed: .65 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant is proposing to excavate a new boat basin, conduct maintenance
excavation in Rose Bay Creek, construct a new dock, fill an existing canal, create an access road to the
proposed basin and dock and construct a bulkhead to retain canal fill material.

Gary Mayo/Rose Bay Oyster Company
Maintenance excavation, bulkhead, dock, boat basin, filling a canal, construct an access road
Swan Quarter, Hyde County
Project setting
The project site is located off U.S. Highway 264 adjacent Rose Bay Creek near Swan Quarter
in Hyde County, North Carolina.
The manmade features currently located onsite the applicant's property include a seafood
house, three (3) canals, and a series of short docks in the canals and on Rose Bay Creek. The
property adjacent the seafood house and U.S. 264 is high ground and used for parking and storage
of shell material. A relic spoil berm is located along the east side of Rose Bay Creek, downstream
of the southern most canal. A large expanse of coastal marsh is located to the east of the parking
area and extends back from U.S. 264 along the parking lot, canal and relic spoil berm and is
primarily vegetated by Juncus roemerianus and Aistichlis spicata. The relic spoil berm is primarily
vegetated by pines and briers. The ground appears to be wet in this area but no wetland delineation
has been conducted on this site to date. The high ground area adjacent the fish house is sparsely
vegetated and is covered by shell material and gravel.
Rose Bay Creek is an Estuarine Water and Public Trust Area classified as SA waters by the
Environmental Management Commission. Rose Bay Creek is also designated as a Primary Nursery
Area. Although shellfish inhabit the waters of Rose Bay Creek, this area is closed to harvest.
Project description
The applicant is proposing to fill the southern most canal, situated between the parking area
and adjacent coastal wetlands, beginning at the head and continuing for a distance of ±330'. The
width of this canal is ±25' with an average existing depth of 5' below normal water level (NWL).
The total amount of material required to fill the canal equals f1,528 cubic yards. The fill material
to accomplish this portion of the proposed project will come from off site as well as from proposed
maintenance excavation of Rose Bay Creek and his proposed excavation of a boat basin. The
applicant is proposing to install a f 30' long wooden bulkhead to retain the fill material in the canal.
The applicants intended purpose for the proposed filling is to create a road to access the relic spoil
berm where he has proposed additional mooring facilities.
The applicant is also proposing to excavate a f60' long by f25' wide by t6' deep boat basin
connecting to Rose Bay Creek at the southern end of the relic spoil berm. This proposed excavation
for the basin would result in the digging of f1,500 ft2 of Coastal Wetlands. The total amount of
material excavated to create the basin is ±333 cubic yards. This spoil material would be placed on
the adjacent relic spoil berm and used in the aforementioned filling of the canal.
Also included in the applicant's proposal is maintenance excavation of 7,600 ft2 of Rose Bay
Creek immediately down stream of the third canal and adjacent the east bank of the creek. The
proposed area to be excavated measures f380' long by f20' wide with an average depth of spoil to
be removed of f2'. The spoil material proposed to be excavated from this area totals t563 cubic
yards and is to be placed on the adjacent relic spoil berm and in the canal that he is proposing to fill.

Gary Mayo/Rose Bay Oyster Company
Rose Bay, Hyde County
Page 2
The applicant is also proposing to construct a dock over the waters Rose Bay Creek, running
parallel to and adjacent the relic spoil berm. The proposed dock will measure ±380' long by 6' wide
with three (3) f10' long by f6' wide catwalks coming off the spoil berm for access.
Anticipated impacts
The project as proposed would result in the loss of 1,500 ft2 of coastal wetlands and 7,600
ftz of creek bottom due to excavation. In addition, 8,250 ftz of canal bottom will be lost by the
proposed filling activities. The proposal calls for f 19,000 ft2 of the relic spoil berm to be affected
as a result of use as a spoil disposal area. The excavation and filling activities associated with this
project will result in short term, localized turbidity. The spoils associated with the proposed
excavation in the creek and digging of the proposed basin are to be placed onto the relic spoil berm
and in the canal behind the proposed bulkhead as indicated earlier. The proposed excavation in this
area of Rose Bay Creek would be undertaken in a Primary Nursery Area.
Jeffrey R. Schaffer - 1 February 1996
Washington Regional Office

Form DCM-M -1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT R o S E D A v
a. Landowner:
Name��Ry /i7OYd
Address
City S 4J Aa (p-t L--Te State A)IC ,
Zip i 8s Day Phone
Fax
c. Street address or secondary road number
a S, 6X
d. Is proposed work within city lirttus or planning
jurisdiction? Yes ✓ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name N. /9 , a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address Fi // C Onl AL
OuCK
City State R 0 AO
NP 4 vA7v�
or- L
Zip Day Phone b. Is the proposed activity maintenance of an existing
project, new work, or both? -Rc Tf�
Fax
c. Project name (if any) 4 oS >_ Ol y 0 y J "c.7 7
N07E: Permit *0 be issued in name of lantdo r(s), and/or
project mme.
2. LOCATION OF PROPOSED
PROJECT
a. County /1 y cl 't
c. Will the project be for public, private or commercial
use? Camme.-c,� /
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If mores ace is needed, please attach
additional pages. Pro d t // C e s1
7-0 A)`tz A60 ri+S
�U� CU la nt a^C- iG)
Revised 03/95

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4.
LAND AND WATER
Sa 0 Ti i y K /1 N or Id
CHARACTERISTICS
a.
r
Size of entire tract — 1,3 /% r J
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b.
Size of individual lot(s) 3. d' 9 C-`
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) d 7� •- M
c.
Approximate elevation of tract above MHW or
r ^ ' GF : tt' AS H 00
NWL Z 3 "
d.
Soil type(s) and texture(s) of tract
o. Describe existing drinking water supply source.
C/4 4 aNJ SHe,//
4%Zr S. /°P/Y
e.
1
Vegetation on tract L O [, s T< l 4o e Tc Avps
/,y*-.) AvJJ a/o .0 Had & kj%s e�
f.
Man-made features now on tract Se o led a0 ,/a a r
QCC.K's 19-1d C6-til;
5. ADDITIONAL INFORMATION
g.
What is the CAMA Land Use Plan land
In addition to the completed application form, the
classification of the site? (Consult the local rand=e prm.)
following items must be submitted:
Conservation Transitional
Developed Community
• A copy of the deed (with state application only) or
Rural Other
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h.
How is the tract zoned by local government?
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i.
Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? Yes No �' /9,
(Attach zoning compliance certificate, ifapplicable)
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
j.
Has a professional archaeological assess t been
ink on an 8 1/2" by I1" white paper. (Refer to
done for the tract? Yes No
Coastal Resources Commission Rule 71.0203 for a
If yes, by whom?
detailed description.)
Jr. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes � No
Are there wetlands on the site? /Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentadon, if available)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form .DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name IV, C• D¢ 0T, 0 -e Ti- TkT;u,l
Address
Phone
Name �dvA/t b <e-W,� Bfl�kerd
Address R T /• lfax 116
Phone Sw Ay c�k= Ttr, NG• 2�k T
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
C fiA e i
o� F
P�.M, ;
kC�pB-8�
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the /? day of .S 17 N. , 19 5_' b.
Print Name F�y .0• m Af a
Signature 0 P-4,
L.do or AWh0nZeWA9.d
Please indicate attachments pertaining to your proposed
project.
_—"DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP-2
EXCAVATION
AND" -FILL".
(Except bridges.and culverts)
Attach this form to Joint Applidation for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) orep
Canal
F; it
Boat
basin
-I
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Aveiage ! FlnW
Exisdai ','.Project'
I
I
L, EXCAVATION
a. 'Amount of'inatdrial -to be excavated from below
MHW or NV;.L, in cubic yards f HY/ c k• Y-41-
b. Type of 'material to be excavated -5;lTy
. � : I;.37 � 0:S ­­n_i , .. 7----7-
c. , Does the areA to be excavated include coastal
we�dis d, '(in , ars h), - - 'submerged`: - aquatic viegglation
ISAVs)-or- other -wetlands?.' No
NA
d. Highg'round- excavation ii c6bk,yardls
2. DISPOSAL OF EXCAVATED
MATERIAL: -
a. Location-of,disposal area, A1541P
&P ZSAC e-, � - r 4 C_ q 4 .9 A tj AJf
Cq /V c. I
b. .-Dimensions of disposal area 300,4" X 5,0 /LuooW
c._ po you _aim, title pg,4isposal area?
VAU No
If no, attach -a letter granting permission from the
owner.
d. Will a disposal -grea:.be lavailable for future
maintenance?, No
If yes, where? L:L9oi / ye , r1
a
i

Form DCM-Mp-2
Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No k d e4 a iv J
Does the disposal include any area in the water?
— Yes No
3. SHORELINE STABILIZATION... ......_
1. TypLe'ofaboreline stabilization
Bulkhead Riprap
b. Length - 3 m
Average distance waterward of MHW or NWI,
' Id ej L
J. Maximum distance waterward ofIMHW or-NWL
Ov �W 7� .
Shoreline erosion during preceding 12 months
(Source of inrnnrton)
Type of bulkhead or riprap material i000 D'
Amount of fill in -cubic yards to be placed below
water level ,p6 & S'5C, xC y,
(1) Riprap
(2) Bulkhead backfill
Type of fill material
Source of fill material
OTHER FILL ACTIVITIES
(Excluding Shoreline -Stabilization)
Will fdl material be brought to site?
Yes No
If.yesi,
(1) Amount :of roateriaVto be placed in the
4' water�`Y/,tea$' `,e.a
(2) Dimension of fill area
#' x:•.
33p s,-X s�
(3) :Purpose of fill F.ii e 9NA< rd
CeLITt fA erV irf a -
b. Will fill material be.placed in coastal wetlands
(marsh), SAVs or�r wetlands?
. Yes ' No • .
-
(I) 1Dtmensions of fill area -
(2) Purpose of fill
5. GENERAL
a., ,How will excavated or fill. material be kept on site
anderosioneontrolled?' Wooden---fj,�./Kf/�cl
u , S,•j 7' fiEs c
b. _ What type of construction equipment will be used
(for � example, (dragline, backhoe, or hydraulic
dredge)?
- 0E' -
c. Will'wedands be crassed in transporting equipment
to project site?. _ Yes� No
If -Yes,
explain
-steps. tha- ivill be taken to lessen
environmental ;impacts. :
Apptl'at or FkQea Name
st uaturt
Date

Form DCM-MP-4
STRUCTURES
(Construction within Public 'rust Areas)
Attach this form to Joint Application for CAMA Major
Permit,
Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock and/or Pier(s)
Commercial _Community _ Private
(2)
Number
(3)
Length ,? 0 '
(4)
Width (D '
(5)
_
Finger Piers _Yes 1,""No
(i) Number
(ii) Length
(iii) Width
(6)
Platform(s) _ Yes _ No
(i) Number
(ii) Length
(iii) Width
(7)
Number of slips proposed
(8)
Proximity of structuuje to adjacent riparian
property lines — 306 '
(9)
Width of water body Y3
(10)
Water depth at waterward end of pier at
MLW or NWL — 6 / /V 41
b. Boathouse
(including covered lifts) /1//9
(1)
Commercial Private
(2)
Length
(3)
Width
c. Groin (e.g. wood, sheetpile, etc.) nJ 4
(1) Number
(2) Length(s)
d.
Breakwater (e.g.
(1) Length
(2) Average
wetlands _
(3) Maximum
wetlands
wood, sheetpile, etc.) N4
distance from MHW, NWL or
distance beyond MHW, NWL or
e. Mooring buoys /y,A
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size; anchor, etc.)
(4) Width of water body
(5) Distance ' buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) IV A
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) . Width
g. Other (Give complete description)
Q, A19ya
Applicant or Project Name
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Gary Mayo/Rose Bay Oyster Company
2. LOCATION OF PROJECT SITE: Hyde Co. off Hwy 264 adjacent Rose Bay Creek near Swan Quarter
Photo Index - 1989: NA 1984: 89 1063; H12, I12, H13, I13, J13, I14
State Plane Coordinates - X: 2,772,800 Y: 633,600 (Scranton Quad - Upper Right Corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/1/95; 11/15/95; 12/11/95; 1/31/96;
3/12/96; 3/21/96
Was Applicant Present - Yes; Yes; Yes; Yes; Yes; Yes
5. PROCESSING PROCEDURE: Application Received - 1/31/96 Modified App. Received 3/25/96
Office - Washington 'o-wro
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - ConservaV-atiujr
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic Tank and Drain field
Planned - NA
(F) Type of Structures: Existing - Seafood house, docks
Planned - Dock, Bridge
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7
HABITAT DESCRIPTION:
- Land
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
t2,880 ftz
(Canal Bottom & Creek Bottom)
(Shaded)
(C) Other
t 1,250 ft2
(High Ground)
(Graded)
(D) Total Area Disturbed: .09 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
PROJECT SUMMARY: Applicant is proposing to construct a new dock and bridge to access the
proposed dock.

Gary Mayo/Rose Bay Oyster Company
Construct a dock and bridge
Swan Quarter, Hyde County
Project setting
The project site is located off U.S. Highway 264 adjacent Rose Bay Creek near Swan Quarter
in Hyde County, North Carolina.
The manmade features currently located onsite the applicant's property include a seafood
house, three (3) canals, and a series of short docks in the canals and on Rose Bay Creek. The
property adjacent the seafood house and U.S. 264 is high ground and used for parking and storage
of shell material. A relic spoil berm is located along the east side of Rose Bay Creek, downstream
of the southern most canal. A large expanse of coastal marsh is located to the east of the parking
area and extends back from U.S. 264 along the parking lot, canal and relic spoil berm and is
primarily vegetated by Juncus roemerianus and Distichlis spicata. The relic spoil berm is primarily
vegetated by pines and briers. The majority of the relic spoil berm has been delineated as high
ground by the U.S. Army Corps of Engineers and this Division. The high ground area adjacent the
fish house is sparsely vegetated and is covered by shell material and gravel.
Rose Bay Creek is an Estuarine Water and Public Trust Area classified as SA waters by the
Environmental Management Commission. Rose Bay Creek is also designated as a Primary Nursery
Area. Although shellfish inhabit the waters of Rose Bay Creek, this area is closed to harvest.
Project description
The applicant is proposing to construct a dock over the waters Rose Bay Creek, running
parallel to and adjacent the relic spoil berm. The proposed dock will measure ±380' long by 6' wide
with three (3) f 10' long by f6' wide catwalks coming off the spoil berm for access. The applicant
is also proposing to construct a f30' long by t20' wide wooden bridge across the southern most canal
to access the relic spoil berm and the proposed dock. Associate with the bridge construction, the
applicant is will construct wooden head walls on each side of the canal and place a single bent in the
center of the canal. The applicant's proposal also includes grading of approach ramps on each side
of the proposed bride. This grading will cover an area of approximately 50' long by 25' wide for a
total area of 1,250 square feet.
Anticipated impacts
The project as proposed would result in the shading of±600 square feet of canal bottom by
the construction of the proposed bridge and 2,280 square feet of creek bottom by the proposed dock.
Approximately 1,250 square feet of high ground will be disturbed due to grading of the approach
ramps. The installation of the head walls and center bent of the bridge will result in short term,
localized turbidity.
Jeffrey R. Schaffer - 25 March 1996
Washington Regional Office

,Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
I. APPLICANT R o s E D /t v
a. Landowner:
Name % R y 13_ /IJ f3 % d
Address R7. / , i! X /3 r -,I.
City S Zo 4 a &-w c.Te„ State /N , C ,
Zip _ Day Phone
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any) eS l 13Ay D y j 5-, Cc -
NOTE., Permit will be issued in mm ojlando r(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County N y d +i
Revised 03/95
c. Street address or second7 road number
d. Is proposed work within city limits or planning
jurisdiction? Yes ✓ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
O oc k dloJJP 9RJDGe
b. Is the proposed activity maintenance of an existing
project, new work, or both? I&MMO /16V
c. Will the project be for public, private or commercial
use? Ccmrtere;�/
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If mores ace is needed, please attach
additional pages. —Pro ✓: d 2 19 C e_s's,
_ %y _ ye &c /ncn�i vi cS? �cTti��
�tlr- �'urnnte.•GiC.1' Fi3iti��
[Jtsst /c '

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract — %3 /} G r J
b. Size of individual lot(s) 1 3, 8 9 c''t­s
c. Approximate HW roximate elevation of tract above Mor
Ap
3
d. Soil type(s) and texture(s) of tract
C /4 v a N 8 SHz It 4 17-
e. Vegetation on tract Co4Sr_/ 4oeT4,9vP
P.•vtS Avd 4idA.Rvd Co ;Xse�
f. Man-made features now on tract 5t0,/`60Q hlc a S t
yoc-WS J9•✓A Cgw-kt�,
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land we plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
A?,&
i. Is the proposed project consistent with the applicable
zoning? Yes No /1;'9,
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological ass s3neht been
done for the tract? Yes ./ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? des _ No
Coastal (marsh) Other
If yes, has a delineation been conducted? Y
(Atach documentation, if available)
in. Describe existing wastewater treatment facilities.
.Yk,4 ;C iyv K ANct Oro --+ Id
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) sS ?_ • ^�
W A?e.� Rt...a dFF is xiSN Ocw a
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by I1" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
I1, C, Pe-0 , 0 --' T,--vSATcTivJ
Name EclvA/Z b <eWig 6A440LO
Address R T /, Oak -Y-/ B
Phone cSw 9v c}c «rer, NZ L7$-K.i
Name
Address
Phone
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
• "�. ,
A list of previous state or federal permits issued for This is the % 7 day of -Y e 19
work on the project tract. Include permit numbers, Print Name C, 4� .9, %4 a
permittee, and issuing dates.
4/71 J9 / OC4 1p8—$7 Siimp cure
. Y
J r&JC0 $�-N-ou8-a.V35
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Caazolina
Environmental Policy Act.
Imao or Authonze Agent
A4
Please indicate attachments Kertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
=DCM W-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM W-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock —and/or Pier(s)
Commercial _Community _ Private
(2) Number
(3) Length (? 0 '
(4) Width
(5) Finger Piers_ yes k'�'No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s)
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines fi 30 0 ,
(9) Width of water body _ fvc-e-)� -r /y3
(10) Water depth at waterward end of pier at
MLW or NWL 61, /V to ,(
b. Boathouse (including covered lifts) N.4
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N h'
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N4
(1) Length
(2) Average distance from MHW NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys /V f1
(1) Commercial _Community _ Private
(2) Number 1.
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body _
(5) Distance . buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.) N 4
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) . Width
g. Other (Give complete de$cripdon)
Applicant or Pr6ject Name
_. ` a f"v/,*-
Sign/e J/7

Form DCM-MP-S
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.
1. BRIDGES
a. Public Private
b. Type of bridge (construction material)
WOoDJ5a'/
c. Water body to be crossed by bridge
MdNMAA&C n!1ALA t_
d. Water depth at the proposed crossing at MLW or
NWL tS`
e. Will proposed bridge replace an existing bridge?
Yes ✓ No
If yes,
(1) Length of existing bridge AIA
(2) Width of existing bridge IJA
(3) Navigation clearance underneath existing
bridge AAA
(4) Will all, or a part of, the existing bridge be
removed? (Explain) AAA
f. Will proposed bridge replace an existing culvert(s)?
Yes ✓ No
(4) Will all, or a part of, the existing culvert be
removed? (Explain) AM
g. Length of proposed bridge - -} 30
h. Width of proposed bridge % 2 r7
i. Height of proposed bridge above wetlands
tVA
Will the proposed bridge affect existing water flow?
Yes ✓ No
If yes, explain
k. Navigation clearance underneath proposed bridge
_Z
Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? ✓ Yes No
If yes, explain Wicc cgoe-F A PR WA1P
MANMADEE CAn/4 L cl*j M y/lyldG� Y
in. Will the proposed bridge cross wetlands containing
no navigable waters? Yes ✓ No
If yes, explain
If yes,
(1) Length of existing culvert AIA n. Have you contacted the U.S. Coast Guard
(2) Width of existing culvert NA concerning their appr9val?
(3) Height of the top of the existing culvert above yes �� No
the MHW or NWL AIA If yes, please provide record of their action.
Revised 03/95

Form DCM-M -5
2. CULVERTS NA
a. Water body in which culvert is to be placed
b. Number of culverts proposed
c. Type of culvert (construction material, style)
d. Will proposed culvert replace an existing bridge?
Yes No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
e. Will proposed culvert replace an existing culvert?
Yes No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
f. Length of proposed culvert
g. Width of proposed culvert
h. ' Height of the top of the proposed culvert above the
MEW or NWL
Will the proposed culvert affect existing water flow?
Yes No
If yes, explain
Will the proposed
potential? _
If yes, explain _
culvert affect existing navigation
Yes No
3. EXCAVATION AND FILL
a. Will the placement of the proposed bridge or culvert
require any excavation below the MHW or NWL?
Yes ✓ No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Depth of area to be excavated
(4) Amount of material to be excavated in cubic
yards _
b. Will the placement of the proposed bridge or culvert
require any excavation within: MAr
_ Coastal Wetlands _ SAVs _ Other Wetlands
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
c. Will the placement of the proposed bridge or culvert
require any highground excavation?
FORfloN vp oLD
If yes Yes —No It �c a.- GgdDSy
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards 193 1-o or GIUWb
d. If the placement of the bridge or culvert involves
any excavation, please complete the following:
(1) Location of the spoil disposal area
r?%5tj C_ s,yn/L aex+a
(2) Dimensions of spoil disposal area
*SD 1W X +200, L
(3) Do you zlaim title to the disposal area?
✓✓ Yes No
If no, attach a letter granting permission from
the owner.
Revised 03/95

Form DCM-MP-S
(4) Will the disposal area be available for future
maintenance? � be
No
(5) Does the disposal area include any coastal
wetlands (marsh), SAVs, or other wetlands?
Yes --,,LNo
If yes, give dimensions if different from (2)
above.
(6) Does the disposal area include any area blow
W the MHor NWL? Yes No
If yes, give dimension if different from No. 2
above.
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed below
MHW or NWL? Yes vL No
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
b. Will the proposed project require the relocation of
any existing utility lines? Yes —4L No
If yes, explain in detail
c. Will the proposed project require the construction of
any temporary detour tructures?
Yes V No
If yes, explain in detail
d. Will the proposed project require any work
channels? Yes , / No
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled? SiaT F6,vcc
f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used
result in any fill (other than excavated material (for example, dragline, backhoe or -hydraulic
described in Item d. above) to be placed within: /JA dredge)? rrzn t1 t=uD WADER i P)LE
_ Coastal Wetlands _ SAVs _ Other Wetlands betyE P,
If yes,
(1) Length'of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
g. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) be placed on
highground? Yes / No
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
4. GENERAL
a.
Will the proposed protect involve any mitigation?
Yes _ No
If yes, explain in detail
g. Will wetlands be crossed in transporting equipment
to project site? Yes _V No
If yes, explain steps that will be taken to lessen
environmental impacts.
h. Will the placement of the proposed bridge or culvert
require any shoreline stabilization?
Yes No
If yes, explain in detail Woe DF "40 w4tU
orJ ITAC14- SIVE 64 CdMd�.
Applicant or Protect Nam
py�
Signature .
Date
Revised 03/95

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Raleigh Bland
FROM: Jeff Schaffer jI�91
SUBJECT: Gary Mayo/Rose Bay Oyster Company Modification of Original Major Permit
Application
Attached is the subject modification and my _write up for this new proposal. The
modification is in response to the objections and concerns raised by the various review agencies.
If you have any questions, please call me. Thanks for your help.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

MEMORANDUM
TO: Jim Mulligan
Deborah Sawyer
FROM: Jeff Schaffer :53
DATE: 26 March 1996
SUBJECT: Modifications for CAMA Major Permit and/or Dredge & Fill Permit Application
Gary Mayo/Rose Bay Oyster Company
Hyde County, North Carolina
Attached are modifications for a CAMA Major and/or a Dredge & Fill permit application which
was received by me on 25 March 1996. I am considering these modifications complete, have
acknowledged receipt, and have begun processing.
If you have any questions do not hesitate to contact me.

r ;
DIVISION OF COASTAL MANAGEMENT
` FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Gary Mayo/Rose Bay Oyster Company
2. LOCATION OF PROJECT SITE: Hyde Co. off Hwy 264 adjacent Rose Bay Creek near SwanQuarter
Photo Index - 1989: NA 1984: 89 1063; H12, I12%, H13, I13, J13, I14
State Plane Coordinates - X: 2,772,800 Y: 633,600 (Scranton Quad - Upper Right Comer)
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/1/95; 11115195; 12/11/95; 1/31/96
Was Applicant Present - Yes; Yes; Yes; Yes
5. PROCESSING PROCEDURE: Application Received - 1/31/96
Office - Washington w
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - ConservatioV-aterlUiPervices - Land
(B) AEC(s) Involved: ES, EW, PTA, CW
m Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic Tank and Drain field
Planned - NA
(F) Type of Structures: Existing - Seafood house, docks
Planned - Dock, bulkhead
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
1,500 ftz
(B) Non -Vegetated Wetlands
7,600 ftz
8,250 ftz
(Canal Bottom)
° Other
19,000 ftz
(Relic Spoil Berm)
(D) Total Area Disturbed: .65 acre
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant is proposing to excavate a new boat basin, conduct maintenance
excavation in Rose Bay Creek, construct a new dock, fill an existing canal, create an access road to the
proposed basin and dock and construct a bulkhead to retain canal fill material.

Gary Mayo/Rose Bay Oyster Company
Maintenance excavation, bulkhead, dock, boat basin, filling a canal, construct an access road
Swan Quarter, Hyde County
Project setting
The project site is located off U.S. Highway 264 adjacent Rose Bay Creek near Swan Quarter
in Hyde County, North Carolina.
The manmade features currently located onsite the applicant's property include a seafood
house, three (3) canals, and a series of short docks in the canals and on Rose Bay Creek. The
property adjacent the seafood house and U.S. 264 is high ground and used for parking and storage
of shell material. A relic spoil berm is located along the east side of Rose Bay Creek, downstream
of the southern most canal. A large expanse of coastal marsh is located to the east of the parking
area and extends back from U.S. 264 along the parking lot, canal and relic spoil berm and is
primarily vegetated by Juncus roemerianus and Distichlis spicata The relic spoil berm is primarily
vegetated by pines and briers. The ground appears to be wet in this area but no wetland delineation
has been conducted on this site to date. The high ground area adjacent the fish house is sparsely
vegetated and is covered by shell material and gravel.
Rose Bay Creek is an Estuarine Water and Public Trust Area classified as SA waters by the
Environmental Management Commission. Rose Bay Creek is also designated as a Primary Nursery
Area. Although shellfish inhabit the waters of Rose Bay Creek, this area is closed to harvest.
Project description
The applicant is proposing to fill the southern most canal, situated between the parking area
and adjacent coastal wetlands, beginning at the head and continuing for a distance of±330'. The
width of this canal is f25' with an average existing depth of 5' below normal water level (NWT).
The total amount of material required to fill the canal equals f1,528 cubic yards. The fill material
to accomplish this portion of the proposed project will come from off site as well as from proposed
maintenance excavation of Rose Bay Creek and his proposed excavation of a boat basin. The
applicant is proposing to install a t 30' long wooden bulkhead to retain the fill material in the canal.
The applicants intended purpose for the proposed filling is to create a road to access the relic spoil
berm where he has proposed additional mooring facilities.
The applicant is also proposing to excavate a±60' long by±25' wide by f6' deep boat basin
connecting to Rose Bay Creek at the southern end of the relic spoil berm. This proposed excavation
for the basin would result in the digging of t1,500 ftz of Coastal Wetlands. The total amount of
material excavated to create the basin is ±333 cubic yards. This spoil material would be placed on
the adjacent relic spoil berm and used in the aforementioned filling of the canal.
Also included in the applicant's proposal is maintenance excavation of 7,600 ft2 of Rose Bay
Creek immediately down stream of the third canal and adjacent the east bank of the creek. The
proposed area to be excavated measures ±380' long by ±20' wide with an average depth of spoil to
be removed of f2'. The spoil material proposed to be excavated from this area totals f563 cubic
yards and is to be placed on the adjacent relic spoil berm and in the canal that he is proposing to fill.

,
Gary Mayo/Rose Bay Oyster Company
Rose Bay, Hyde County
Page 2
The applicant is also proposing to construct a dock over the waters Rose Bay Creek, running
parallel to and adjacent the relic spoil berm. The proposed dock will measure ±380' long by 6' wide
with three (3) f 10' long by f6' wide catwalks coming off the spoil berm for access.
Anticipated impacts
The project as proposed would result in the loss of 1,500 ftz of coastal wetlands and 7,600
ftz'of creek bottom due to excavation. In addition, 8,250 ftZ of canal bottom will be lost by the
proposed filling activities. The proposal calls for f 19,000 ftz of the relic spoil berm to be affected
as a result of use as a spoil disposal area. The excavation and filling activities associated with this
project will result in short term, localized turbidity. The spoils associated with the proposed
excavation in the creek and digging of the proposed basin are to be placed onto the relic spoil berm
and in the canal behind the proposed bulkhead as indicated earlier. The proposed excavation in this
area of Rose Bay Creek would be undertaken in a Primary Nursery Area.
Jeffrey R. Schaffer - 1 February 1996
Washington Regional Office

J �
' Form, DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT R o s E D'I y
a. Landowner:
Name _ c I'R y 'q_ /"j Y
Address % • / ,6 is)<
City cS w 4 4) (�'w c,-]e^ State A) S .
Zip X 7 g 8S Day Phone 9/ 9- 9 A c 91.fI
Fax
b. Authorized Agent:
Name A . 4,
Address
City
Zip Day Phone
Fax
State
c. Project name (if any) 405•a- /61
NOTE: Perndl will be issued in name of la downer(s), and/or
project ruume.
2. LOCATION OF PROPOSED
PROJECT
a. County N y o/
c. Street address or secondr road number
d. Is proposed work within city linyts or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Fi// C4nlr?L
Dock
sYo4/J
6y0rde sU;& a4A1n.mF. 4.UaE Vr4yA17p.
Or-A-J9 aJ yCA,r L
b. Is the proposed activity maintenance of an existing
project, new work, or both? .Aa 7W
c. Will the project be for public, private or commercial
use? Camme-C;.;/
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If mores ace is needed, please attach
additional pages. Are v,"d t A C e-,r.r
%0 Ne.i) mdctriy_S cS7�ti[Tti.v
liar Corxfie.cTcl Fi3.ts'�s
Revised 03/95

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
f
a. Size of entire tract C r S
b. Size of individual lot(s) .3, 8 9 C' �
c. AApppprrJoximate elevation of tract above MHW or
3
d. Soil type(s) and texture(s) of tract
C /G Z a •v d S/he. // 7,9 T � <
e. Vegetation on tract Coos 7 ( to e-7-4H++Df
/;,y<J 0v4 [t P.0 gad Cr r aXLS e�
f. Man-made features now on tract
Dec-WS A-JA
g. What is the CAMA Land Use Plan land
classification of the site? (Consutt the meat land we plan.)
✓ Conservation Transitional
Developed Community
✓ Rural Other
h. How is the ,,trraact zoned by local government?
'yi�i
i. Is the proposed project consistent with the applicable
zoning? Yes - No
(Attach zoning conpliance cemficate, if applicable)
Has a professional archaeological assess t been
done for the tract? Yes No
If yes, by whom?
k. - Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? __`*Yes _ No
Coastal (marsh) ✓ Other 1_�
If yes, has a delineation been conducted? 4 0
(Aoach documentation, if available) .
m. Describe existing wastewater treatment facilities.
SzATic 7'/3v9 19-v� Ara'. Pit(d
e
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) J ?- Of
la34SN Odi: a
o. Describe existing drinking water supply source.
Pi..h/iC c5in,/0.0
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
IV, C, Oe PT, 0 ie 7-1-4 o-Cp-rTcT ivnJ
Name gely A/t b GeW ; d QAR R u w6
Address R i /, lS(sk t/ 9
Phone &4)4-9 NC,.278dFY
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
SSAkiCv ff-)-/V--aXP-6Y35
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
%TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the / 1 day of --T It 4, 19-Lk
Print Name ';-/'y .9, AAA a
Signature's
lmd,,4 or Audwrize Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

corm DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average FbW
Existing Prnlect
Access -
channel
(MLW) or (EL
Canal
F%i/
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION
a. Amount of -material to be excavated from below
MHW or NWL in cubic yards -t 811 c4. y`t'
b. Type of material to be excavated S./TV c%
c. .Does the area to be excavated include coastal
wetlands (marsh), submerged .aquatic vegetation
�3 Lkd; (SAVs) or other wetlands? _ Yes _ No
NA
d. Highground excavation in cubic yards
z
2. DISPOSAL OF EXCAVATED
3 MATERIAL
a. Location of disposal area dk' T'
gpS�cwT Resa Bily Ch4,91 /1-vd /n*,)/AJ0-
C'9N0 )
b. Dimensions of disposal area 380 X SO ' GO U
c. Do, you claim title to disposal area?
✓ Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? ✓ Yes No
If yes, where? Sh A-F �E L 10 SOo, / St

Form DCM-M -2
Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No W d rvoa J
Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type o oreline stabilization
Bulkhead Riprap
o. Length 3 m
-. Average distance waterward of MHW or NWL '
O" A)WL
3. Maximum distance waterward of MHW or NWL
C v n1 to /_
Shoreline erosion during preceding 12 months
N17
(Source of information)
Type of bulkhead or riprap material 100o P
Amount of fill in cubic yards to be placed below
water level SEA- S Ec, X/y,
(1) Riprap
(2) Bulkhead backfill
Type of fill material
Source of fill material
OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
Will fdl material be brought to site?
r/ Yes No
If yes,
(1) Amount of material` to be placed in the
\ water Z B° ' C a, ` yo
(2) Dimensions of fill area
-' 330' x —4-5 S--
(3) Purpose of fill F,ii C-9VR4 7-6
c-«rc Ccess Aa
b. Will fill material be.placed in coastal wetlands
(marsh), SAVs 'or other wetlands?
Yes ✓. No
If yps,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Wooded-
0 S,-/7' FEtvcE
b. What type of construction equipment will be used
.(for example,: dragiine, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr:,ssed in transporting equipment
to project site? _ YesNo
If yes, explain steps that will be taken to lessen
environmental impacts.
—I(P
APpticant or PrAject Name
Signature
Date

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock and/or Pier(s)
Commercial _Community _ Private
(2) Number
(3) Length 3 80 '
(4) Width 61
(5) Finger Piers —Yes No
(i) Number
(ii) Length
(iii) Width
(ti) Platform(s) _ Yes _ No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines f 30 6 ,
(9) Width of water body flytea t� -Y /%j
(10) Water depth at waterward end of pier at
MLW or NWL — 6 l N !o Z
b. Boathouse (including covered lifts) Nff
0)- Commercial Private
(2) Length
(3) Width
C. Groin (e.g. wood, sheetpile, etc.) N I
(1) Number
(2) Length(s)
R
Breakwater (e.g,
(1) Length
(2) Average
wetlands _
(3) Maximum
wetlands
wood, sheetpile, etc.) AM
distance from MHW, NWL or
distance beyond MHW, NWL or
e. Mooring buoys IV 4
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance ' buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.) /1/ 4
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) . Width
g. Other (Give compkie deacriplio.)
(� /9 R % a, )0/9ya
Applicant or Rbject Name
Signature
/—
Date

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O
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T
"'. I
DAVIS a DAVIS
ATTORNEYS AT LAW
SWAN QUARTER. N.C.
NORTH CAROLINA
HYDE COUNTY
The foregoing certificates of
a Notary Public of the County of
State of North Carolina, of
a Notary Public of the County of
State of - North Carolina and of
a Notary Public of the County of.
State of North.Carolina, together with their
respective Notarial Seals attached, are certified to be
correct. This instrument was presented for registration'.
this day and hour and duly recorded in the Office -of the
Register of Deeds of Hyde County, North Carolina,. in Real .
Estate Book IQL at page 541, .
This the day ofCL144lOs4d -r 1987, at
l:_?p o'clock LM. o
'Register of D • CIS "17f
Hyde County, North Carolina

r--
n
i
COD
..rr
10
11.
STATE OF NORTH CAROLINA
COUNTY OF
�� rth , a Notary Public of
the Countyof uState of NoCarolina, do hereby
certify that WALKER LEVON MILES AND WIFE, ROBIN VIA MILES
personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witness my hand and Notarial Seal, this the
ay' of Tu �. 1987.
Notary lubhc
t1y' commission expires: 3"�•
`ATE'bF NORTH CAROLINA
COUNTY OF Alto -
Notary Notary Public
of tht: County 'of - ,--Smote—of K th Carolina, do
hereby` certify that K —Personally
appeared before me this day and ackno ledgea that she-is
t4- Secretary of ROSE BAY OYSTER COMPANY, INC., a North
Carolina corporation, and that by authority duly given and
as an act of the corporation the foregoing was signed in its
name by its President, sealed with its corporate
seal and attested by as its Secretary.
Witness my hand and notarial seal, this
the J
day of ' 1987.
TA R } :r Notary Public
•commission expires: $-1?770
71_g
;,.STATE: OF NORTH CAROLINA
COUNTY OF �LC
, 'a Notary
Public of
'the County of �— State of.North Carolina,
do hereby
certify that HOWARD R. WILLIAMS AND WIFE, BARBARA B.
this day and
WILLIAMS personally, appeared before me
acknowledged the due execution of the foregoing instrument.
Witness my hand and Notarial Seal, this
thee.
.,gf 1987
`4-h.\ (ARYi � Not ry Public
mmissio,n expires:
' �'! net•`.'••"
DAVIS s DAviS••r,
ATTOONCTS AT LAW
SWAN DUAR 1[ N: N C.

ffal�.+E7:7&'; ..F:? At nr•m r:P�'yrm p+tiw..-:. ..�.. ..
00
Ze
liJ
r
t�-
00
r-1
0
Thomsa E. Mayo dated the 14th day of April,
1969 and recorded in the Office._ ofthe
rth
Register of. Deeds of Hyde County,
Carolina in Deed Book. 88 at page 268. EXCEPT
SO MUCH THEREOF as is described in the Second
Tract above and so much thereof, as is•
described in a Deed from Judith's
Narrows -Rose Bay Oyster Company, Inc. to, Gary
Benson Mayo, dated the 23rd day of. September,
1975, and recorded in the Office of tho
Register of Deeds of Ilyde County, North,
Carolina in Real Estate Book 99 at page 752.
TO HAVE AND TO HOLD the aforesaid• tracts or
parcels of land and all privileges and appurtenances '
thereunto belonging or in anywise thereunto ,appertaining i
unto them the said parties of the second.part, their heirs
and assigns,' to their only use and behoof in fee simple "
absolute forever.
AND THE SAID parties of the first part dot for
themselves and their heirs, executors, and administrators .
covenant to and with the said parties of the second part,
their executors, administrators, heirs, and assigns, that
they are seized of the First and Second -Tracts described
above' in fee and have a right to convey the same in fee -
simple; that the First and Second Tracts are free and clear .
from all encumbrances and that they do .hereby forever
warrant and will forever defend the title to the said First
and Second Tracts against all other lawful claims.
IN TESTIMONY WHEREOF, the said parties of the
first part have.hereunto set their hands and seals and have
caused this instrument to be executed in its corporate name,
the day and year first above written.
�7/ � ���'-, �'.,-�., /%�: ec•' (SEAL) i
Walker LevonlMiles,' /
(SEAL) I ..
Robin W. Miles
ROSE BAY OYSTER COMPANY, INC.
uwnnrp, President .
AT/Pi $Tlr:
v: e w. 1 z I „'
::; :i• `�:: i. Mary cr\`
y ••,.' (CURPORATS SEAL)• �\,�
(SEAL)
(SEAL)
Barbara B. Williams .
IDAVIS 9 DAVIS �
•TTOLN[Yl AT LAW '
YN11N QUARTER. N.C. I.
a

land lying and being in the County, of Hyde,
in the State of North Carolina and covered by
the waters of that part of Pamlico Sound
known as Judith's Narrows and being more
particularly described as follows:
BEGINNING at a point now or formerly
l�
evidenced by a post set in the ground which
post is situated South 11 degrees 50 minutes
West from the Rose Bay Watch tower, South 55
�!
degrees 05 minutes West from the Swan Quarter
Water tank and South 73 degrees 00 minutes
West from another watchtower lying to the
Southeast of said water tank; running from
'
said beginning point South 19 degrees 10
minutes East, 652 feet to a point; running
thence South 7 degrees 10 minutes West, 672
feet to a point; running thence South 45
degrees 15 minutes West, 396 feet to a point;
running thence South 51 degrees 35 minutes
East, 966 feet to a point; running thence
South 40 degrees 20 minutes East, 840 feet to
a point in the Northeastwardmost corner of
that oyster bed described in a deed from
Judith's Narrows -Rose Bay Oyster Company,
Inc. to Gary Benson Mayo dated the 23rd day
i
of September, 1975 and recorded in the Office
of the Register of Deeds of Hyde County;
North Carolina in Real Estate Book 99 at page
752; running thence due West along the
Northward boundary of said Mayo parcel, 3110
-
feet to a point in the Northwestwardmost
corner of said Mayo parcel; running thence
North 59 degrees 30 minutes East, 843 feet to
a point; running thence North 30 degrees 45 .
minutes West, 590 feet to a point; running
thence North 25 degrees 45 minutes West, 590
feet to a point; running thence North 30
degrees 45 minutes East, 396 feet to a point;'
running thence South 86 degrees 15 minutes
West, 406 feet to a point; running thence.
North 44 degrees 30 minutes West, 690 feet to
a point; running thence North 41 degrees 45
minutes East, 1520 feet to a,point evidenced
by a post set in the bottom of Pamlico Sound;
running thence South 67 degrees 05 minutes
East, 1580 feet to the point of beginning
containing 150.97 acres, more or less.
This second tract is the identical tract or
parcel of land shown on a map prepared by
Carlyle C. Webb, Surveyor, from a survey made
by him in August, 1969, showing a magnetic
bearing of September, 1975, and recorded in
the Office of the Register of Deeds of Hyde
County, North Carolina in Plat Cabinet A,
"
Slide 179A and made a part hereof for the
..
purpose of description.
I THIRD TRACT: ALL OF THE RIGHT, TITLE, CLAIM
AND INTEREST of the parties of the first
part, or any of them, in those perpetual
franchises for the purpose of raising and
cultivating shellfish on that certain oyster
DAVIS eDAVIS
bottom described in a deed from Clarence B.
;,,Qp„E,,;,LA.
n..„Qo......„.C.
Jennette and wife to Troy W. Mayo and wife,

�:..t, a w.a+rns. ,y. r. n r .:?ri. :' �.J-, '" :. 'i .. :: r t:. "'5. ,r• ., -n.•: 4.
..1.'`":a%Y..Y.?a....•....��G :.AS*.'.Y�. .t..,.1,ta,.. ... .., '�.i"^•, ,
NORTH CAROLINA
va 12 / ft.utJ4(i
HYDE COUNTY
THIS DEED, made and entered into this the %Z�'day ,
c-� !
of —r„', , 1987, by'WALKER LEVON MILES AND 47IFE,
,•t!>:
ROBIN W. LES, of the County of Pitt, State of North
ii°; try
Carolina, .ROSE BAY OYSTERS COMPANY, INC., ,a North Carolina
�+
corporation';AND-IHOWARD R. WILLIAMS AND WIFE, +BARBARA A.
. i%V� ' ++t'. !
WILLIAMS, of the County of Pitt, State of North Carolina,
i
parties of the first part, to PATTY C. JARVIS, CHARLES ALLEN• '
CARAWAN, ROBERT EUGENE CARAWAN AND GARY BENSON MAYO, of the
H, �:`.;a!'�.•
County of Hyde, State of North Carolina, parties of the .
second'part, WITNESSETH:
F'
That said parties of the first part, for TEN. '
"
;u{--� '`'
DOLLARS and other valuable considerations to them in hand
ipt
y the said rties of he second of
esold eand
'1r, *j.-
have bargained and by'
whichbis hereby acknowledged,
these presents do grant, bargain, sell and convey unto the '
said parties of the second part, their heirs and assigns,
"I
those certain tracts or parcels of land in Swan Quarter%
`11.
Township', Hyde County, North Carolina, which are more
particularly described as follows:
FIRST TRACT: That certain parcel of land
located in Rose Bay .Section, Swan. Quarter..:
Township, in Hyde County, North Carolina,
which is more particularly described as.
follows:
BEGINNING at a point in the Southward edge of '
U. S. Highway #264 where the same is
intersected by the Eastward edge of Rose Bay
Creek; running thence in an Eastward
direction along the Southward edge of U. S.
Highway #264 to Jewel Creek Ditch; running
thence in a Southward direction along said
Jewel Creek Ditch to a point in the Northward
edge of the right of way of the old abandoned
public road which formerly.led from Rose Bay
•
to Brickhouse .Fork; thence running in a.'
Westward or Southwestward direction along the
Northward edge of said old road right of way .
to a point in the Eastward edge of Rose Bay
Creek where the same is intersected by the;
Northward edge of the old public road right
of way; running thence in a Northward
direction along the Eastward edge df the'Rose
Bay Creek and with the meanders 'thereof to '
the point of beginning, containing 18 acres,
more or less.
SAVING AND EXCEPTING FROM THE ABOVE DESCRIBED
FIRST TRACT HOWEVER, that certain parcel of.
land containing 4.2 acres, more or less, -
described in a deed from Clarence B. Jennette
and wife, to E. V. Floyd and wife, dated the.
14th day of April, 1969 and recorded in the.
Office of the Register of of Hyde
+•+
_Deeds
County, North Carolina in Deed Book 88.at .
-- �5
page 255.
SECOND TRACT: A perpetual franchise `for the
o visowis
Ar,,,,„C...ILAW
purpose of raising and cultivating shellfish ••
SWAN oU..+...N.C.
in and on the following described area , of.
IS