63-96 Minor Mod Rose Bay Oyster Company

Permit Class
MODIFICATION/MINOR
STATE OF
Department of Enviion
It & Natural Resources
i.2".
Major Developineiii in an'Area.of-Enyiionmental Concern
pursuant to NCGS 11_3A=118,�' R
3�: • •'':JAM �q'}i• "� `-
% Excavation and/or filling pursuant to NCGS 113-229
PermitNumber
63-96
Issued to Rose Bay Oyster Company, Mr. Gary Mayo, Route 1. Box 136A, Swan Quarter, NC 27885
authorizing development in Hyde County at Rose Bay Cr.. off Hwy. US 264 near Swan Quarter
, as requested in the permittee's application datedletter dated 5/16/96 including attached
workplan drawings, 2, dated revised 5/16/9&
This permit, issued on , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) In order to allow for proper flushing of the canal, three (3) 3' diameter culverts shall be used in
the construction of the crossing.
2) The bottom of the culverts shall be placed •1 foot below the floor of the canal.
3) Only that amount of excavation necessary within the permitted alignment to properly install the
culverts is authorized.
4) The containment walls must be constructed prior to any backfilling activities.
See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
ogeYN. 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
5) The containment walls must be structurally tight so as to prevent seepage of backfill materials
through the structure.
6) The containment walls must be constructed of treated wood, concrete slab, metal sheet piles or
other suitable materials approved by department personnel.
7) This modification must be attached to the original of Permit 63-96, which was issued on 4/29/96,
and all documents must be readily available on site when a Division representative inspects the
project for compliance. All conditions and stipulations of the original permit remain in force
unless altered herein

Permit Class
Permit Number
MODIFICATION/MINOR
STATE OF NORTH-CAROLINA
Department of Envionmeut Fieatih 8c Natural Resources
.,.�� and'°s"•�'k;
-...'-'' mot✓...
C6astal'kesourccs Commission
_X Major Development in an Ata.6f Environmental Concem
pursuant to NCGS 113A-1i8!1-- x
".. : _0
X Excavation and/or filling pursuant to NCGS 113-229
63-96
Issued to Rose Bay Oyster Company, Mr. Gary Mayo Route 1, Box 136A, Swan Quarter, NC 27885
authorizing development in Hyde County at _ Rose Bay Cr.. off Hwy. US 264 near Swan Quarter
, as requested in the perminee's application date6letter dated 5/16/96 including attached
workplan drawings, 2, dated revised 5/16/96.
This permit, issued on , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) In order to allow for proper flushing of the canal, three (3) 3' diameter culverts shall be used in
the construction of the crossing.
2) The bottom of the culverts shall be placed 1 foot below the floor of the canal.
3) Only that amount of excavation necessary within the permitted alignment to properly install the
culverts is authorized.
4) The containment walls must be constructed prior to any backfrlling activities.
See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
oge . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Class
PermitNumber
MODIFICATION/NUNOR
STATE OF -NORTH CAROLINA
Department of Enviionment;_Health & Natural Resources
and;.
Coastal=Reesources Commission
for.;. J`.° -
X Major Developmentur- AteA of Environmental Concern
pursuanttoNCVGS 113A-118_'" ; y`
QUAM
X Excavation and/or fillingpur§uant to `NCGS 113-229
63-96
Issued to Rose Bay Oyster Company, Mr. Gary Mayo, Route 1, Box 136A, Swan QuarteL NC 27885
authorizing development in Hyde County at Rose Bay Cr.. off Hwy. US 264 near Swan Quarter
,as requested in the permittee's application date letter dated 5116196 including attached
workplan drawings, 2, dated revised 5116196.
This permit, issued on , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) In order to allow for proper flushing of the canal, three (3) 3' diameter culverts shall be used in
the construction of the crossing.
2) The bottom of the culverts shall be placed 1 foot below the floor of the canal.
3) Only that amount of excavation necessary within the permitted alignment to properly install the
culverts is authorized.
4) The containment walls must be constructed prior to any backfilling activities.
See attached sheet for Additional Conditions)
This permit_action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
nr--Roge N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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MEMORANDUM
Division of Environmental Management
Water Quality Section
Washington Regional Office
June 26, 1996
To: Terry Moore �
From: Deborah Sawyer 40'
Subject: CAMA Modification Request
Gary Mayo
Hyde County
This office has reviewed the request to construct a culverted roadway in lieu of the previously
approved bridge. The applicant proposes to use two (2) 3 ft. diameter culvert pipes. I have
verbally discussed this with Jimmy. Overton of the Ecosystems Analysis Unit and it was decided
that this agency has no objections to the placement of the two (2) culvert pipes for construction of
the roadway. Thank you.
cc: Jimmy Overton
John Domey
Parker, DCM
f?ECE VVE®
JUA! 271996
COASrat
F W9EMENT

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 0771
FROM: Jeff Schaffer JCS
DATE: 20 May 1996
A40
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F1
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7 MAY2 11991
CUM & W
MANAGEMENT
SUBJECT: Gary Mayo/Rose Bay Oyster Company Minor Modification of CAMA/D&F Permit #63-96
Mr. Gary Mayo has submitted a request for a minor modification for CAMA/D&F Permit #63-96
issued on 29 April 1996 authorizing the construction of a wooden bridge and a dock onsite Rose Bay
Oyster Company off US 264 adjacent Rose Bay Creek near Swan Quarter in Hyde County, NC. In an
effort to construct a safer, more OSHA acceptable crossing for his employees, Mr. Mayo is requesting that
his permit be modified to allow the installation of two (2) 3 ft. diameter by 20 ft. long culverts with
containment walls to retain the backfill instead of the permitted bridge. After reviewing the applicant's
requested modification and Subchapter 7H.0206, .0207, .0208, and .0209, I conclude that this proposed
modification is consistent with these AEC guidelines. If the modification is authorized, I recommend the
following conditions be added to Permit #63-96:
Only that amount of excavation necessary within the permitted alignment to properly install the
culverts is authorized.
No excavated or fill material will be placed at any time in any marsh or surrounding waters outside
of the alignment of the containment walls indicated on the work plans.
No excavated or fill materials will be placed at any time in any vegetated wetlands or waters.
4. The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
5. The containment walls must be constructed prior to any backfilling activities.
6. The containment walls must be structurally tight so as to prevent seepage of backfill materials
through the structure.
7. The containment walls must be constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel.
cc: Pres Pate - Assistant Director, DCM
Katy West - Washington Regional Office, DMF
Deborah Sawyer - Washington Regional Office, DEM
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10% post -consumer paper

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Division of Environmental Management
Water Quality Section
Washington Regional Office
May 21, 1996
To: Jeff Shaffer n��Q
From: Deborah Sawyer a✓
Subject: Minor Modification
CAMA/D&F Permit #63-96
Gary Mayo/Oyster Bay Oyster. Company
Hyde County
OL ID FEN R
The above subject minor modification request has been reviewed by this office. It is not clear
as to what is the dimension of the bottom of the canal (width). Applicant should place culverts
of such diameter as to not restrict the dimension of the inlet to the canal. This will facilitate
better flushing and improve water quality in the canal.
If you have any questions or comments, please call. Thank you.

State of North Carolina
Department of Environment,
Health and Natural Resources A
•
Division of Coastal Management James B. Hunt, Jr., Governor -
Jonathan B. Howes, Secretary ID EE H N FR
Roger N. Schecter, Director
June 12, 1996
Rose Bay Oyster Company
Mr. Gary Mayo
Route 1, Box 136 A
Swan Quarter, NC 27885
Dear Sir
The enclosed permit constitutes authorization underthe Coastal AreaManagementAct, and where applicable, the State
Dredge and Fill Law, foryou 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 andretum the
copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
Ifyou object to the permit or any ofthe conditions, you may request a hearingpursuaritto NCGS 113A-121.1 or 113-229.
Yourpethion forahearingmustbe filed in accordance with NCGS Chapter 150B withthe Office ofAdminist alive Hearings, P.O.
Drawer 11666,Raleigb NC 27611, [phone] withintwenty(20) days ofthis decisiononyourpernit. You shouldalsobe 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 yourpermit carefully prior to starting work and review all project plans, as approved. If you are having the work done by
a contractor, it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Very sincerely,
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP.jr/amw
Enclosure
P.O. Box 27687, ��C FAX [phone]
An Equal Opportunliy/Afflrmafive Action Employer
Raleigh, North Carolina 27611-7687 N�
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2AX NUMBER:
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UE' hdF.' Fax : [phone] i 16 May 28 ' 96 7 49 P. 0210'
MLMORANDI NI
fo: Terry Moorc
FROM.: Kate West
DATE: 23 May 1996
SL1)3.TF.C1': NloditIcation to Punit 063-96. Gary Mayo
'file Nortb Carolina Division ofMarine fisheries (NCD.\4F) prelers the placement of a
brill=;c over the canal but does not object to the substitution of two = Y! diameter culverts for the
bridge for the folloNving reasons:
t , Culverts will still provide access to the upper reaches of thu canal for habitat
utilization by estuarine organisms.

Permit Class
Permit Number
NEW
rn ocldF: cNt.on�m%nor
STATE
Department of Em
i
X ti.
Major DeveloPi
pursuant to NO
KExcavation and/or
ierit Health & Natural Resources
sources.Commission
.x
for
n Areaef Environmental Concern
pursuazrt to NCGS 113-229
63-96
authorizing development in Hyde County at _ Rose Bay Cre TS 264 near Swan
le�erdoied 5-r6-F6 ,i�.or,.a�rn c,Tar,rhe�
Quarter as, rgquested inthe Wrmittee'sapplication datedr�inclnA;no a arhPA
ivv r ke/An d rAwmel', 3, �F Re yr so-4_ _ s/r6/qc
This permit, issued on 29, 1 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.
attached sheet for Additional
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31, 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
t� ger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee

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.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLVTO
ATTENTION OF
May 29, 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 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the May 16, 1996, request by Mr. Gary Mayo to modify the
application of the Rose Bay Oyster Company for a Department of the Army (DA)
permit to install culverts in an existing manmade canal, and construct a new
dock, 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.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report, and have no objections
to the proposed modification.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23
Sincerely,
Raleigh and, P.W.S.
Regulatory Project Manager
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER M
Regulatory Division
Action ID. 199810401
Mr. Gary May
Route 1, Box 189B
Scranton, North Carolina 27875
Dear Mr. Mayo:
January 23, 1998
COASTAL MANAGEMEM
Please reference my previous correspondence to you directing you to cease and desist from
additional unauthorized mechanized landclearing, excavation and filling activities within waters
and wetlands of the United States subject to Department of the Army regulatory authority. This
work was undertaken in conjunction with the construction of an approximate 4,260-foot long by
25-foot wide road through coastal marsh and wooded wetlands located on your property which
lies on the south side of U.S. 264, approximately 0.5 miles east of the intersection of US-264 and
SR-1139, adjacent to Rose Bay, in the community of Rose Bay, in Hyde County, North Carolina.
This correspondence also serves to confirm your onsite meeting with Messrs. David Lekson and
Tom Walker of my regulatory staff on January 8, a subsequent meeting with Mr. Walker on
January 21, and ongoing telephone conversations with me over the past month.
Messrs. Lekson and Walker discussed the fact that all unauthorized spoil material deposited
within coastal marsh wetlands (the bounds of which were flagged in your presence by
representatives of the North Carolina Division of Coastal Management (NCDCM)) is to be
removed in its entirety. This removal operation may be accomplished by pushing the spoil
material back into the borrow ditches, thereby restoring pre -project wetland elevations to the
entire impacted area. The remaining portions of the road, which are not located within joint
DA/NCDCM jurisdiction, but subject to DA Section 404 jurisdiction, are to be brought into
compliance with the attached baseline provisions of the forest road exemption [33 CFR 323.4
(6)]. This work is to be accomplished within 30 days of your receipt of this correspondence.
Please contact Mr. Walker when you have completed the work to schedule an onsite
inspection of your restoration efforts. You are cautioned that a failure to comply with this
directive and your commitment to amicably resolve this issue may result in referral to the United
States Attorney with a recommendation for civil prosecution.

-2-
Thank you for your time and cooperation. If you have any questions, please
contact Mr. Walker at the Washington Regulatory Field Office, telephone [phone],
extension 24.
Enclosures
Copies Furnished (w/o encl):
Mr. Terry Moore, Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Sincerely,
Michael D. Smith, P.W.S.
Assistant Chief, Regulatory Division
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Regional Director
National Marine Fisheries Services,
NOAA, Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
Mr. John Parker
Division of Coastal Management
,
North Carolina Department of
J Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Floyd Williams
Division of Land Resources
North Carolina Department of
Environment and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889