DEN-Williams,Sammie

R,
NCDENR
t CY*
,
JAMES S. HUNTJR.
GOVERNOR
Certified MailMail
wAYNE MCDEVITT Return Receipt Requested
SECRETARY
Mr. Sammie E. Williams
P. O. Box 14 pp
ROGER N. SCHECTER Swan Quarter, NC 27885
DIRECTOR
Dear Mr. Williams:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
April 17, 1997
This letter is in response to your request for a permit under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to fill approximately one-half acre
of coastal wetlands (± 21, 584 sq, ft.) preparatory to the construction of two 50' by 100'
buildings for fast freezing and storage. The project site is located adjacent "Jarvis Ditch", at
the intersection of SRI 101 and SR1102, approximately 250' from the shoreline of Far Creek,
in Englehard, in Hyde County.
Processing of your application, which was received on November 25, 1997 and for
which notice of extended review was provided on February 9, is now complete. Based on a
joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The one-half acre of coastal wetlands proposed to be filled is periodically flooded and
is directly connected to Far Creek by Jarvis Ditch;
2) Far Creek has been designated a Primary Nursery Area (PNA) by the Marine Fisheries
Commission. The coastal marsh at the proposed project site provides detritus input,
an important component in the aquatic food chain, to Far Creek.. Wetlands also
function to remove excess nutrients from adjacent waters. Under high water
conditions, these wetlands also provide refuge from predators for juvenile fish and
invertebrates;
3) During the course of the review, six state and Federal agencies directly objected to the
proposal or expressed concern about the impacts;
P.O. BOX 27887, RALEIa N, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX QID-733-1495
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Sammie E. Williams
Page 2
April 17, 1998
4) It has been determined that the proposed loss by filling of a half -acre of coastal wetlands
will adversely impact the far Creek PNA;
5) The project proposed has been determined to be inconsistent with the Hyde County Land Use
Plan, in that it strongly supports the Rules of the Coastal Resources Commission, which
prohibit commercial development in coastal wetlands;
6) It has been determined that the project proposal is inconsistent with the following partial
listing of the Rules of the Coastal Resources Commission: a) T15A: 07H.0205(c)
management objective, is to conserve and manage coastal wetlands so as to safeguard and
perpetuate their biological values .... ; b) T15A .07H.0208(a)(1) which states that uses
which are not water dependent shall not be permitted in coastal wetlands; c) .0208 (a)
(2)(A) which states that before granting a permit, there shall be a finding that a project is
-consistent with the management objective.
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA and the state dredge and fill law be denied. This denial is pursuant to N.C.G.S. 113-
120(a)(8) which requires permit denial, in any case, the proposal is found inconsistent with the state
guidelines or the local Land Use Plan; and N.C.G.S. 113-229(e)(5) which provides for permit denial
upon finding the proposal may cause adverse impacts to estuarine resources.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.

Mr. Sammie E. Williams
Page 3
April 17,1998
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Director
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
;Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

MW
r
4k
AGA
NCDENR
JAMES B. HUNTJR.,
GOVERNOR
WAYNE MCDEVITT
SECRETARY
d
ROGER N.SCHECTER
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
It
April 17, 1999.,
Certified Mail
Return Receipt Requested
Mr. Sammie E. Williams
P. O. Box 14
Swan Quarter, NC 27885
Dear Mr. Williams:
This letter is in response to your request for a permit under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to fill approximately one-half acre
of coastal wetlands (± 21, 584 sq, ft.) preparatory to the construction of two 50' by 100'
buildings for fast freezing and storage. The project site is located adjacent "Jarvis Ditch", at
the intersection of SR1101 and SR1102, approximately 250' from the shoreline of Far Creek,
in Englehard, in Hyde County.
Processing of your application, which was received on November 25, 1997 and for
which notice of extended review was provided on February 9, is now complete. Based on a
joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The one-half acre of coastal wetlands proposed to be filled is periodically flooded and
is directly connected to Far Creek by Jarvis Ditch;
2) Far Creek has been designated a Primary Nursery Area (PNA) by the Marine Fisheries
Commission. The coastal marsh at the proposed project site provides detritus input,
an important component in the aquatic food chain, to Far Creek.. Wetlands also
function to remove excess nutrients from adjacent waters. Under high water
conditions, these wetlands also provide refuge from predators for juvenile fish and
invertebrates;
3) During the course of the review, six state and Federal agencies directly objected to the
proposal or expressed concern about the impacts;
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVO., RALEIGH, INC 27604
PHONE [phone] FAX PID-733-1495
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER -50% NRCYCLED/10% POST -CONSUMER PAPER

Mr. Sammie E. Williams
Page 2
April 17, 1998
4) It has been determined that the proposed loss by filling of a half -acre of coastal wetlands
will adversely impact the far Creek PNA;
5) The project proposed has been determined to be inconsistent with the Hyde County Land Use
Plan, in that it strongly supports the Rules of the Coastal Resources Commission, which
prohibit commercial development in coastal wetlands;
6) It has been determined that the project proposal is inconsistent with the following partial
listing of the Rules of the Coastal Resources Commission: a) T15A: 07H.0205(c)
management objective, is to conserve and manage coastal wetlands so as to safeguard and
perpetuate their biological values .... ; b) T15A .07H.0208(a)(1) which states that uses
which are not water dependent shall not be permitted in coastal wetlands; c) .0208 (a)
(2)(A) which states that before granting a permit, there shall be a finding that a project is
consistent with the management objective.
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA and the state dredge and fill law be denied. This denial is pursuant to N.C.G.S. 113-
120(a)(8) which requires permit denial, in any case, the proposal is found inconsistent with the state
guidelines or the local Land Use Plan; and N.C.G.S. 113-229(e)(5) which provides for permit denial
upon finding the proposal may cause adverse impacts to estuarine resources.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the forth of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.

Mr. Sammie E. Williams
Page 3
April 17,1998
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Director
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

WAYNE MCOEVITT
SECRETARY
ROGER N. SCHECTER
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
y
April 17, 1947
Certified Mail
Return Receipt Requested
Mr. Sammie E. Williams
P. O. Box 14
Swan Quarter, NC 27885
Dear Mr. Williams:
This letter is in response to your request for a permit under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to fill approximately one-half acre
of coastal wetlands (± 21, 584 sq, ft.) preparatory to the construction of two 50' by 100'
buildings for fast freezing and storage. The project site is located adjacent "Jarvis Ditch", at
the intersection of SR1101 and SR1102, approximately 250' from the shoreline of Far Creek,
in Englehard, in Hyde County.
Processing of your application, which was received on November 25, 1997 and for
which notice of extended review was provided on February 9, is now complete. Based on a
joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The one-half acre of coastal wetlands proposed to be filled is periodically flooded and
is directly connected to Far Creek by Jarvis Ditch;
2) Far Creek has been designated a Primary Nursery Area (PNA) by the Marine Fisheries
Commission. The coastal marsh at the proposed project site provides detritus input,
an important component in the aquatic food chain, to Far Creek.. Wetlands also
function to remove excess nutrients from adjacent waters. Under high water
conditions, these wetlands also provide refuge from predators for juvenile fish and
invertebrates;
3) During the course of the review, six state and Federal agencies directly objected to the
proposal or expressed concern about the impacts;
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL 81.V0.. RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50^p' RECYCLED/10% POET -CONSUMER PAPER

Mr. Sammie E. Williams
Page 2
April 17, 1998
4) It has been determined that the proposed loss by filling of a half -acre of coastal wetlands
will adversely impact the far Creek PNA;
5) The proj ect proposed has been determined to be inconsistent with the Hyde County Land Use
Plan, in that it strongly supports the Rules of the Coastal Resources Commission, which
prohibit commercial development in coastal wetlands;
6) It has been determined that the project proposal is inconsistent with the following partial
listing of the Rules of the Coastal Resources Commission: a) T15A: 07H.0205(c)
management objective, is to conserve and manage coastal wetlands so as to safeguard and
perpetuate their biological values .... ; b) T15A .07H.0208(a)(1) which states that uses
which are not water dependent shall not be permitted in coastal wetlands; c) .0208 (a)
(2)(A) which states that before granting a permit, there shall be a finding that a project is
consistent with the management objective.
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA and the state dredge and fill law be denied. This denial is pursuant to N.C.G.S. 113-
120(a)(8) which requires permit denial, in any case, the proposal is found inconsistent with the state
guidelines or the local Land Use Plan; and N.C.G.S. 113-229(e)(5) which provides for permit denial
upon finding the proposal may cause adverse impacts to estuarine resources.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.

Mr. Sammie E. Williams
Page 3
April 17,1998
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Director
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

4
AMA_
NCDENR
JAMES B. HUNTJ1
GOVERNOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
April 17, 1997
Certified Mail
Return Receipt Requested
Mr. Sammie E. Williams
P. O. Box 14
Swan Quarter, NC 27885
Dear Mr. Williams:
This letter is in response to your request for a permit under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to fill approximately one-half acre
of coastal wetlands (± 21, 584 sq, ft.) preparatory to the construction of two 50' by 100'
buildings for fast freezing and storage. The project site is located adjacent "Jarvis Ditch", at
the intersection of SRI 101 and SR1102, approximately 250' from the shoreline of Far Creek,
in Englehard, in Hyde County.
Processing of your application, which was received on November 25, 1997 and for
which notice of extended review was provided on February 9, is now complete. Based on a
joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The one-half acre of coastal wetlands proposed to be filled is periodically flooded and
is directly connected to Far Creek by Jarvis Ditch;
2) Far Creek has been designated a Primary Nursery Area (PNA) by the Marine Fisheries
Commission. The coastal marsh at the proposed project site provides detritus input,
an important component in the aquatic food chain, to Far Creek.. Wetlands also
function to remove excess nutrients from adjacent waters. Under high water
conditions, these wetlands also provide refuge from predators for juvenile fish and
invertebrates;
3) During the course of the review, six state and Federal agencies directly objected to the
proposal or expressed concern about the impacts;
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHoNE[phone] FA% 919-733-1495
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/110% POET -CONSUMER PAPER

Mr. Sammie E. Williams
Page 2
April 17, 1998
4) It has been determined that the proposed loss by filling of a half -acre of coastal wetlands
will adversely impact the far Creek PNA;
5) The project proposed has been determined to be inconsistent with the Hyde County Land Use
Plan, in that it strongly supports the Rules of the Coastal Resources Commission, which
prohibit commercial development in coastal wetlands;
6) It has been determined that the project proposal is inconsistent with the following partial
listing of the Rules of the Coastal Resources Commission: a) T15A: 07H.0205(c)
management objective, is to conserve and manage coastal wetlands so as to safeguard and
perpetuate their biological values .... ; b) T15A .07H.0208(a)(1) which states that uses
which are not water dependent shall not be permitted in coastal wetlands; c) .0208 (a)
(2)(A) which states that before granting a permit, there shall be a finding that a project is
consistent with the management objective.
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA and the state dredge and fill law be denied. This denial is pursuant to N.C.G.S. 113-
120(a)(8) which requires permit denial, in any case, the proposal is found inconsistent with the state
guidelines or the local Land Use Plan; and N.C.G.S. 113-229(e)(5) which provides for permit denial
upon finding the proposal may cause adverse impacts to estuarine resources.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.

M
Mr. Sammie E. Williams
Page 3
April 17,1998
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
.Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC
Director

MICHAEL F. FASLEY
.11T014NFY (;tN[nA1.
Senator Marc Basnight
2007 Legislative Building
Raleigh. NC 27601-2808
0,6;051
\opy 10
State of North Carolina
1)ei)artmenl ofjustice
P. 0. BOX 1 i29
RALEIGH
2760220629
February 22, 1999
Re: Sammie Williams' Proposed Filling of Coastal Wetlands
Dear Senator Basnight:
C kcL-1e-s Tones
I trry /VAC70re�
13 a U, d /boo e_
To4� P�4
Mary fenny 11iompson 00
Idrvironm<nlal I)is i,,.
Tel: [phone]
Fax: [phone]
nithomp ii m;lil.jus.st;ue.nc.us
RECEIVED,
FEB 2 5 1999
COASTAL MANAGEMENT
During a meeting to discuss Sammie Williams'project held on February 3, 1999 in your
conference room, you requested I determine the number of sites similar to Mr. Williams' proposed
project site. This is an advisory letter. It has not been reviewed and approved in accordance with
procedures for issuing an Attorney General's Opinion.
In an attempt to provide an answer to your question, I have discussed the matter with
representatives in the Division of Coastal Management ("DCM"), and researched the history of wetland
regulation in the state. Prior to the enactment of the Dredge and Fill Act in 1969, the wetlands of this
State were destroyed and filled without regulation. Although the Dredge and Fill Act regulated the
tilling of wetlands, the Legislature recognized the need for greater protection and enacted the Coastal
Area Management Act of 1974 ("CAMA") to accomplish such a goal. The Coastal Resources
Commission ("CRC") implemented CAMA's goals by adopting guidelines to regulate development in
coastal wetlands.
My factual inquiry shows that, in certain areas of North Carolina, it is difficult to avoid coastal
tcetlands while pursuing development. Engelhard, where Mr. Williams owns property, is one of these
areas. Middletown and Swan Quarter are other areas.' In many instances, single family residences or
other structures were constructed in coastal wetlands prior to the enactment of CAMA. It is possible that
hundreds of lots contained structures built upon marsh at one time or another.` However, an exact
number is unavailable at this time since the Division's database does not track this type of information,
and could not be ascertained without a site -by -site survey throughout the coastal counties.' However, a
review of DCM records reveals that only 7 or 8 major development permit applications for all Areas of
Environmental Concern ("AEC"), including the Coastal Wetlands AEC, are denied each year.'
David Moye. Field Representative, Division of Coastal Management, Washington District.
'David Wye. Field Representative, Division of Coastal Management, Washington District.
'Doug Ituacit. Major Permits Analyst. Division of Coastal Management. Raleigh Office.
Doug 1111 _cu. Major Permits Analyst. Division of Coastal Management. Raleigh Office.
ce.

February 1999
P t_c _
1:ven with it non -conforming structure present on the site. the underlying coastal wetlands are
Sullied to CAMA and the CRC guidelines. as well as Section 404 of the federal Clean Water Act. The
CRC guidelines prioritize development in coastal wetlands, ranking conservation of wetlands highest
and destruction of coastal wetlands for non -water dependent uses lowest. N.C. Admin. Code tit. 15A, r.
7H.0205(d). Docks, wharfs, boat ramps, and bulkheads are examples of water dependent uses.
Factories and parking lots are uses which are not water dependent. Mr. Williams' major development
project includes filling one-half acre of coastal wetlands in preparation for construction of fast freezer
and storage buildings to be used in conjunction with a commercial fishing operation. The buildings and
drives connecting them to the NCSR 1101 and 1102 were found by DCM and the CRC to not be water
dependent uses.
Please note that in Mr. Williams' case, the presence of alternative locations also affected the
appropriateness of allowing his proposed project. The CRC guidelines state that, "[b]efore receiving
approval for location of a use or development within these AECs, the permit -letting authority shall find
that no suitable alternative site or location outside of the AEC exists for the use or development ..."
N.C. Admin. Code tit. 15A, r. 7H.0208(a)(2)(A). Besides a high -ground lot adjacent to Far Creek which
he uses to unload fishing equipment, Mr. Williams owns a lot with high ground directly across NCSR
1102. He may also own property further removed from Far Creek which could be developed for the fast
freezer and the storage buildings he requests.' With these alternatives in mind, DCM and the CRC did
not approve the proposed project at the current site. However, the Division has offered to work with Mr.
\\ illiams in developing his alternative sites, and hopes to come to resolution which meets his needs and
complies with CRC guidelines.
I trust this information is helpful. If you have any further questions or comments, please do not
hesitate in call me at my direct line number: [phone]. As always, I am
Very truly yours,
7ennyho n
pson
Associate Attorney General
MP•fi
cc: Donna Moffitt
Allen Jernigan
'I'erry Moore. District Manauer. Division ol'Coastal Manaeement• Washington District.

N.l.. HI IUKNLT UtNLKHL VCU u1 •1-1, I -
FAx TRANSMISSION
N.C. DEPARTMENT OF JUSTICE
P. O. Box 629, 114 W. Edenton Street
Raleigh, NC 27602
[phone]
Fax: [phone]
To: John Parker
Fax #: [phone]
From: Mary Penny Thompson
Subject: Sammie Williams Stipulated Facts
COMMENTS:
Date: December 31, 1998
Pages; 4, including this cover sheet.
Please review the attached stipulated facts and see if I have left anything significant out. I also
considered adding a stipulated fact concerning the commercial importance of the structures to the
area since we have so heavily focused on the environmental issues, but decided opposing counsel
can offer to add that type of language if he chooses. What do you think?

N.L. HIIUKNtY ULNLKHL Fax:KY-(lb-b(b( Dec 61 '98 15:47 P.02
rN THE MATTER OF
REQUEST FOR VARIANCE
PETITIONER: Sammie E. Williams
Petitioner Sammie E. Williams and the Division of Coastal Management, by and through their
undersigned attorneys of record, set forth this Stipulation of Facts for purposes of Petitioner's
January 29, 1998 Variance Request.
I . Mr. Sammie E. Williams (hereinafter "Petitioner") owns a tract of land
(hereinafter "property") approximately one acre in size, located in Engelhard, Hyde County,
North Carolina, at the eastern corner of the intersection of N.C.S.R. 1102 and N.C.S.R. 1101,
approximately 250 feet from the shoreline of Far Creek (hereinafter "property").
2. In 1978, two residences and other structures existed on the property. During this
period, a mixture of high ground and coastal wetland species existed on the property. The
residences were removed sometime prior to 1995.
3. By 1995, marshland vegetation became established over the majority of the
property.
4. Petitioner owns other land in the vicinity which is not covered by wetlands.
5. Currently, several wetland plants exist on the property including Distichlis
s icata Spartina paten s, Spartina alterniflora, Salicornia spp. and Tvnha W.
6. Petitioner's property is bordered on the east side by a manmade canal, Jarvis
Ditch, which directly connects to Far Creek and allows tidal and wind driven estuarine water to
regularly inundate the site.
7. During DCM Field Representative David Moye's December 2, 1997 visit, the
entire tract was inundated with water. Small finfish as well as crustaceans were visible in the
numerous pockets of standing water on the site.
The U.S. Army Corps of Engineers designates the entire property as 404 wetlands.
DCM designates the property as coastal wetlands.
10. The Marine Fisheries Commission designates Par Creek a Primary Nursery Area.
The area is not open to shell fishing.
11. The Environmental Management Commission identifies the area as having High
Quality Waters.

N.L. HI IUKIVtT UGVLKHL rdx:7r'J—no-oror Uec 0i
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12. The property averages 1.5 feet above mean sea level.
13. In general, coastal wetlands affect adjacent waters by providing detritus, removing
excess nutrients, and, under high water conditions, providing refuge from predators for juvenile
fish and invertebrates.
14. On or about November 25, 1997, Petitioner filed an application for a Permit under
the Coastal Area management Act and the State Dredge and Fill Law to fill approximately one-
half acre of coastal wetlands prepatrythe construction of two 50 foot by 100 foot buildings
on the property for fast freezing ani connection with Petitioner's fishery operation
located to the North of the propertfo t bulkhead is proposed around the perimeter of the
till area to provide a containment sadjacent to the remaining coastal wetland area and
will be approximately 294 feet long.
15. The proposed activity constitutes "development" under CAMA since it is
occurring in the Coastal Wetlands AEC and involves construction of a structure, filling,
bulkheading, and clearing or alteration of land as an adjunct of construction. The activity
requires other State and Federal permits including a Corps of Engineers permit to fill federally -
designated wetlands and a Division of Water Quality Certification. Therefore, the development,
proposed by Petitioner constitutes major development.
16. During the course of permit review, the Division of Marine Fisheries (hereinafter
"DMF") objected to the proposed development based on the loss of ± 21,584 square feet of
coastal wetlands by filling and because the entire (approximate) .97 acre site is considered 404
wetlands. DMF stated that since five of the six plants that dominate the site are either obligate
wetland (3) or facultative wetland (2) species this site should be protected so that it can continue
to perform the wetland functions of habitat and water purification and storage, DMF further
stated that the fact that the entire site was inundated with water on Mr. Moye's site visit of 2 Dec.
1997, underlines the 404 designation of this site and reflects its wetland function and value to
adjacent Far Creek, a Primary Nursery Area designated by the Marine Fisheries Commission.
17. During the course of permit review, DMF also recommended changes to the
project in order to reduce or eliminate public trust conflicts based on the filling of wetlands for
non -water dependent structures when the applicant owned high ground adjacent to the proposed
development site.
18. During the course of permit review, the Wildlife Resources Commission
(hereinafter "WRC") objected to the proposed development based on inadequate mitigation and
protective assurances for the remaining wetlands on the property.
19. During the course of permit review, DCM made a finding that the filling of one-
half acre of coastal wetlands will adversely impact the Far Creek Primary Nursery Area.
20. In reviewing the proposed development, the National Marine Fisheries Service
(harsinaftcr "Nmps") objected to the project based on concerns that the work would result in the

N.C. ATTORNEY GENERAL Fax:[phone] Dec 31 '98 15:48 P.04
loss of wetlands that support NMFS trust fishery resources. NMFS sited a variety of wetland
species growing on the property. NMFS indicated the wetlands' importance as source of detritus
in the aquatic food chain, their function in removing excess nutrients and pollutants from the
adjacent waters, and their provision of necessary refuge from predators for juvenile fish and
invertebrates. NMFS also indicated that commercially and recreationally important fishery
resources such as Atlantic croaker, spot, flounder, Atlantic menhaden, striped mullet, and red
drum exist in the project area. Following the provisions of the Clean Water Act which states that
fill material shall not be placed in wetlands if a practical alternative exists, DMF recommended
federal authorization not be granted for the proposed project.
I1
This the day of January, 1999.
Lars t Simonsen, Esq.
N.C. -State Bar No.
For tli'e firm of Pritchett & Burch, PLLC
203 Bast Dundee Street
Post 6ffice Drawer 100
Windsor, NC 27983
Telephone: [phone]
Facsimile: [phone]
Attortjeys for Petitioner
1'
Mary, Penny Thompson, Esq.
N.C. State Bar No, 24567
Associate Attorney General
NorthCarolina Department of Justice
Envir'i'i'mental pivision
R?
114 W Edenton Street, Post Office Box 697
Italei g NC 27602
relep§9ne: [phone]
Facsirx le: [phone]
Attorrtys for Respondent

Sc,mm� �iions
MICHAEL F. EASLEY 1S
A 1701ANF.Y CENEIW- �1
Senator Marc Basnight
_007 Legislative Building
Raleigh, NC 27601-2808
Copj To, C ha*-Je s fortes
State of North Carolina
Department of .justice
P. U. BOX ii29
RALEIGH
2760220629
February 22, 1999
Re Proposed Filling of Coastal Wetlands
Dear Senator Basnight:
I zrry pOc7or-er
�Q✓; CL n�'lO�e,
er—
Ri'151_v 2
Man, PCnnc Thompson (/
1,1% rrunment;l NO,,, .
Tel: [phone]
Fax: [phone]
nuhump(d ma i l.j usswtC. nC. to
RECEI EC
FEB 2 5 1999
COASTAL MANAGEMENT
During a meeting to discuss Sammie Williams'project held on February 3, 1999 in your
conference room, you requested I determine the number of sites similar to Mr. Williams' proposed
project site. This is an advisory letter. It has not been reviewed and approved in accordance with
procedures for issuing an Attorney General's Opinion.
In an attempt to provide an answer to your question, I have discussed the matter with
representatives in the Division of Coastal Management ("DCM"), and researched the history of wetland
regulation in the state. Prior to the enactment of the Dredge and Fill Act in 1969, the wetlands of this
State were destroyed and filled without regulation. Although the Dredge and Fill Act regulated the
tilling of wetlands, the Legislature recognized the need for greater protection and enacted the Coastal
Area Management Act of 1974 ("CAMA") to accomplish such a goal. The Coastal Resources
Commission ("CRC") implemented CAMA's goals by adopting guidelines to regulate development in
coastal wetlands.
My factual inquiry shows that, in certain areas of North Carolina, it is difficult to avoid coastal
ttctlands while pursuing development. Engelhard, where Mr. Williams owns property, is one of these
areas. Middletown and Swan Quarter are other areas.' In many instances, single family residences or
other structures were constructed in coastal wetlands prior to the enactment of CAMA. It is possible that
hundreds of lots contained structures built upon marsh at one time or another.' However, an exact
number is unavailable at this time since the Division's database does not track this type of information,
and could not be ascertained without a site -by -site survey throughout the coastal counties.' However, a
review of DCM records reveals that only 7 or 8 major development permit applications for all Areas of
Environmental Concern ("AEC"), including the Coastal Wetlands AEC, are denied each year.'
David Move. Field Representative, Division of Coastal Management, Washington District.
David Move. Field Representative, Division of Coastal Management, Washington District.
'Doug I luggclt, Major Pennits Analvst. Division of Coastal Management, Raleigh Office.
4Dutlg I Icr _ett. Major Permits Analyst, Division of Coastal Management, Raleigh Office.
la,
I•

Fchruary 23, 1999
Pa_e 2
liven with it non -conforming structure present on the site. the underlying coastal wetlands are
subject to CNMA and the CRC guidelines. as well as Section 404 of the federal Clean Water Act. The
CRC guidelines prioritize development in coastal wetlands, ranking conservation of wetlands highest
and destruction of coastal wetlands for non -water dependent uses lowest. N.C. Admin. Code tit. 15A, r.
7H.0205(d). Docks, wharfs, boat ramps, and bulkheads are examples of water dependent uses.
Fuctories and parking lots are uses which are not water dependent. Mr. Williams' major development
project includes tilling one-half acre of coastal wetlands in preparation for construction of fast freezer
and storage buildings to be used in conjunction with a commercial fishing operation. The buildings and
drives connecting them to the NCSR 1101 and 1102 were found by DCM and the CRC to not be water
dependent uses.
Please note that in Mr. Williams' case, the presence of alternative locations also affected the
appropriateness of allowing his proposed project. The CRC guidelines state that, "[b]efore receiving
approval for location of a use or development within these AECs, the permit -letting authority shall find
that no suitable alternative site or location outside of the AEC exists for the use or development ..."
N.C. Admin. Code tit. 15A, r. 7H.0208(a)(2)(A). Besides a high -ground lot adjacent to Far Creek which
he uses to unload fishing equipment, Mr. Williams owns a lot with high ground directly across NCSR
1102. He may also own property further removed from Far Creek which could be developed for the fast
freezer and the storage buildings he requests.' With these alternatives in mind, DCM and the CRC did
not approve the proposed project at the current site. However. the Division has offered to work with Mr.
\\rilliams in developing his alternative sites, and hopes to come to resolution which meets his needs and
complies with CRC guidelines.
I trust this information is helpful. If you have any further questions or comments, please do not
hesitate io call me at my direct line number: [phone]. As always, I am
Very truly yours,
7enn ho n
Associate Attorney General
;i\11 PT:
cc: Donna Moffitt
Allen Jernigan
I'MW Moore. Distict Nkina_er. Division of Coastal Manaeement. Washington District.
1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1 &90
W ILMINGTON, NORTH CAROL INA 28402-1890
May 18, 1998
IN REPLY REFER TO
Regulatory Division
Action ED. 199810398
Mr. Sammie E. Wj m
Post Office Box 14
Swan Quarter, North Carolina 27885
Dear Mr. Williams:
By copy of the North Carolina Department of Environment and Natural Resources letter to
you of April 17, 1998, we have learned that North Carolina Coastal Management Consistency
Certification for your proposed plans to place fill material within approximately 21,584 square
feet (0.50 Acre) of coastal wetlands for the purpose of constructing a commercial freezer and a
storage building on your property, located at the intersection of State Road 1101 and State Road
1102, adjacent to Jarvis Ditch and Far Creek, in Engelhard, Hyde County, North Carolina, has
beeqagaigd. Under the administrative rules of our regulatory program, denial of this required
State certt cation requires denial of a Federal permit. Accordingly, your Department of the
Army application is hereby denied, without prejudice, and your file has been retired.
Additionally, we received unfavorable comments from Federal review agencies (copies
enclosed). Their reaction to your proposal is the result of anticipated significant adverse impacts.
I have provided these Federal agencies' comments to alert you to concerns in addition to those
identified in the State's denial letter. While appealing the State permit is the next step in
pursuing State authorization, you should be aware that Federal agency comments may be
unchanged by the outcome of that appeal.
Mr. Raleigh Bland of my Washington Regulatory Field Office staff is available to 1000NJ ED
questions you may have or to assist you in developing a revised plan. MAY 2,7 A998
GOASTALMANAGEMENT

wy. .:0
-2-
Mr. Bland may be reached at telephone [phone], extension 23.
Enclosures
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
1�orth Carolina Department of
,/ Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
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 Dorney
Division of Environmental Management
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of
Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr Sam mip P illi ms
PO Box 14
Swanquarter NC 27885
Dear Mr. Williams:
AkTWTVIFA
IT 0 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 13, 1998
Re: 401 Water Quality Certification
Proposed commercial development
Hyde County
DWQ # 97114
On December 19, 1997, the Division of Water Quality received your application
to fill 0.5 acres of wetlands for commercial development adjacent to Far Creek in
Englehard, NC. This proposed action was in conjunction with a CAMA Permit
application. Our rules (15A NCAC 2H .0507(a)) state that DWQ must take action within
60 da.y s of receipt of an application. Therefore we have waived our right to issue,
condition or deny the Certification for this project. You still must obtain a CAMA
Permit from the NC Division of Coastal Management before you can begin your project.
DWQ still has serious concerns regarding the lack of a vegetated buffer along SR
1101, lack of stormwater management from the site and whether wetland fill can be
minimized. We hereby request that the Division of Coastal Management consider these
matters in their review of the CAMA Permit.
Please call me at 919-733-1786 if you have any questions.
fer IR. Dorney
RECEIVED
cc: John Parker, DCM APR 1
Deborah Sawyer, Washington DWQ Regional Office 7 1998
John Dorney COASTAL MANAGEMENT
Central Files
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post consumer paper

United States Postal Service
Official Business
RECEIVED
APR 23 1998
COASTAL MANAGEMENT
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
MMI1TS COORNNATOR
DN O - COASTAL MANACEMEW
P. O. BOX 27687
RALEICH, N. C. 27611

a[nv[n:
• Complete items 1 and/or 2 for additional services.
I also wish to receive the
• Complete items 3, and 4a & b.
following services (for an extra
• Print your name and address on the reverse of this form so
fee):
that we can return this card to you.
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• Attach this form to the front of the mailpiece, or on the
back if space does not permit.
• Write "Return Receipt Requested" on the mailpiece next to
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the article number.
Consult postmaster for fee.
3. Article Addressed to:
4a. Ar icle Number
r' r, 5ammie, �, W�11tA
3 5
b. Service Type
rJ
PE)/� boy-
El Registered El Insured
Certified ❑ COD
W1� �7�' U/1 T'C/1 IV
Express Mail Receipt for
ise
7. Date of D h,
C a �
5. Signature (Addressee)
S. Address hd $91 queste
and fee i
Sf7RLZ Or
6. �Si ture (Agen
P Fo , October 1 9W eu.s.aro:im 2raaei DOMESTIC RETURN RECEIP'

, APPLICATION TRANSMITTAL/PROCESSING RECORD
A) Applicant: Sammie E Williams County: Hyde
Location of Project: SR 1101 and SR 1102 adjacent Far Creek in Enqelhard, NC
Date Application Received Complete by Field:
Field Recommendation: Attached X
25 November 1997
To be Forwarded
onsistenc Determination: Attached X
y To be Forwarded
Field Representative: David Move District Office: Washington
P
District Manager Review: p
B) Date Application Received in Raleigh: \Z _ A, -ci 9 Fee Rec'd: $
Public Notice Rec'd: V End of Notice Date:
Adj. Rip. Prop Notices Rec'd: \, Deed Rec'd: �a
Application Assigned to: �p,�� on _`b_q.N �._p_. _ o V .
C) 75 Day Deadline: /1
1 - h - 9��7 150 Day Deadline: ��"""���^^���� C
�,��/�/ Mail Out Date: �(- �� / S ate Due Date:
�}!'v" `1 (F'ed' e�� � Due ate: l - -/ - 9 p,Fed!�'O&erYl"s Rec'd on A-\&, S�
3_ { of Mil 1( Pnal Action: Issue Deny Draft on
D)
C
AGENCY
S
DATE COMMENTS
OBJECTIONS
NOTES
RETURNED
TES NO
Coastal Management District Office
Division of Comm. Assistance
n
6
Land Quality Section
y
1 ry
Lv e
State Property Office
i 6
Div. of Archives & History
Div. of Env. Health
/
Div. of Highways
a
Az
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisherie
3

-State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
TO: John Parker �y�
THROUGH: Terry Moore 47
FROM: David Moye °"\
DATE: 3 December 1997
SUBJECT: Sammie E. Williams Permit Application
DEC 0 4 1997
COASTAL MANArF1eFNT
The proposed project appears to be inconsistent with the rules found in Subchapter 7H
concerning development in coastal wetlands, as well as the States Dredge and Fill Law. The
project as proposed would result in the filling of f 21,548 ft2 of coastal wetlands for the
construction of two buildings and a parking lot with loading platforms. Coastal wetlands are
defined in the States Dredge and Fill Law under North Carolina General Statute (NCGS) 113-
229(n)(3) as well as in North Carolina Administrative Code (NCAC) 71-1.0205 as "..any salt
marsh or other marsh subject to regular or occasional flooding by tides, including wind tides.."
and containing one or more of the following species: Spartina altrniflora, Jimcus roemerianus,
Salicornia sop-, Distichlis .cli_ata, Limonium sp:o-, Scirp�sL son-, Cladinm jamaicense, T)T&
spp-, Snartina patenc, and S:nartina cynosuroides, NCAC 7H.0205(b) states in part that "without
the marsh, the high productivity levels and complex food chains typically found in the estuaries
could not be maintained." The productivity of the marsh as it relates to detrital output and its
relationship to finfish and shellfish productivity is evident in this syste— 1— i*° Ami&eation as a
Primary Nursery Area by the Division o:rMarine Fisheries. In addition, the Environmental
Management Commission has identified the area as having High Quality Waters.
The State Dredge and Fill Law states in NCGS 113-229(e)(5) that the Department may
deny an application for a dredge and fill permit upon finding that there will be significant adverse
effect on wildlife or fresh water, estuarine or marine fisheries. Additionally, NCAC mod)
states in part that unacceptable use star aril s� o coeastal wetlands include ".. businesses, parking
lots, and factories". The coastal wetland use standards go on to state that "In every instance, the
particular location, use, and design characteristics shall be in accord with the general use standards
for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this
Section". The general use standards found in NCAC .0208(a)(1) states "Uses which are not water
dependent ill not be permitted in coastal wetlands, estuarine waters, and public trust aFeas.
Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and
parking lots are examples of uses that are not water dependent".
Based upon the above mentioned criteria, I recommend denial of this permit application.
Field plat attached
943 Washington Square Mall, Washington, North Carolina 27889 1'elephone 919-946.6481 FAX [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
'Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Scheeler, Director
DATE: December 4, 1997
RECEIVED
DEC 11 1997
COA"AL MANAGEMENT
MEMORANDUM
TO: John Parker, Major Permits Coordinator
THROUGH: Terry Moore, District Manager 7^
FROM: Jane Daughtridge, District PlannCIV5
RE: MAJOR CAMA PERMIT CONSISTENCY REVIEW
Fill coastal wetlands
Sam;%] s -Commercial use
InterseMa.I 101 and S.R.1102 adjacent Far Creek
Hyde County, NC
This project is subject to the 1992 HYDE COUNTY LAND USE PLAN.
The county's policies generally rely on the rules of state and federal agencies for resource protection. The
policy related to bulkhead installation (page IV-7)"supports construction of bulkheads as long as they fulfill the use
standards set forth in 15A NCAC 7H." Under economic and community development policies (page IV-13), the
county affirms its commitment to state and federal programs, including the CAMA planning and permitting
programs.
This project is located in a hazard area subject to storm surge flooding by Category 1 and 2 storms and
NFIP flood "V" zone. The county relies on its flood damage prevention ordinance, building inspections program
and state and federal programs which aid in mitigation of hurricane hazards, including CAMA... with regard to
coastal storm mitigation (Part III, page 5).
The project is located in an area shown as Developed on the Land Classification Map; however, text on
page V-2 states that all coastal wetlands are classified as Conservation. In either classification, the plan references
those uses allowed by NCAC 7H. In accordance with 15A NCAC 7H.0201(d), land uses in coastal wetlands are
limited to such things as utility easements, fishing piers, docks, and agricultural uses.
Insofar as CAMA use Stan s 7H.0207, as referenced and supported in the land use plan policies and
land classification section, explic' y sates that commercial land uses are unacceptable in coastal wetlands, it is my
opinion that the proposed project k inconsistent with the 1992 Hyde County Land Use Plan.
Cc: David Moye
Alice Keeney - Hyde County Planner
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An 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
Wayne McDevitt, Secretary
Roger N. Schecter, Director
Ali
EDEHNF;Z
December 18, 1997
MEMORANDUM ' RECEIVED
TO: Mr. Charles R. Fullwood, Jr., Director Jk N 1 ' i8
Wildlife Resources Commission
Attn: Habitat Conservation Program COASTAL MANAGEMENT
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: rsammie E. Willia /Williams Seafood
PROJECT LOCATION: At intersection of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on fill adj. Far Creek.
Please indicate below your agency's position or viewpoint on the proposed and return this form by
January 8,1998. 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 memo.
Signed �d1�. �`" 8v� (fXi. w �r� `i Date_(-
c�c -^g a^
P.O. Box 27687, Raleigh, North Carolina 27611-7637 ieieohone. ,--/� -22-..
An Equal Ooportumry Affirmative Ac::on Empicyer ED`.`.. necrc:ec / io5 Pcsscanssurn Ricer

® North Carolina WAdlife Resources Commission K2
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, DENR
FROM:
DATE:
SUBJECT:
William Wescott, Coastal Coordinator
Habitat Conservation Program
January 12, 1998
IN
CAMA/Dredge and Fill Permit Application for Sammie Williams/Williams
Seafood, intersection of SR 101 & SR1102, adj. Far Creek, Engelhard, Hyde
County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. A site visit was conducted on
January 5, 1998. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to fill 21,584 ft2 of coastal wetlands and construct two buildings
on the fill. The tract is bordered on the north and west by paved road and on the south by a
property line ditch. The property is bordered on the east side by a manmade canal which
connects into Far Creek and allows tidal and wind driven estuarine water to regularly inundate the
site. Far Creek is classified as SC-HQW by the Environmental Management Commission. The
Division of Marine Fisheries has designated the area as a Primary Nursery but the area is closed to
shell fishing.
i Without adequate mitigation and protective assurances for the remaining wetlands on the
property we find the proposed activities inconsistent with our Policies and Guidelines for
Conservation of Wetlands and Aquatic Habitats.
We appreciate the opportunity to review and comment on this project. If you need further
assistance or additional information, please contact William Wescott at [phone].

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO April 8, 1998
ATMNnON OF
Regulatory Division
Action ID No. 199810398
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Sammie E. Williams for a Department of the Army (DA)
permit to place fill material wit ul' nncoastaf"we lands and construct a commercial freezer and
a storage building, on his property located at the intersection of State Road 1101 and State
Road 1102, adjacent to Far Creek, in Engelhard, 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 federal authorization for this project not bg,Zanted. Alternatively,
the federal agencies do not object to the construction of the proposed commercial freezer and
storage building within uplands.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
W4 0-&4 RECEIVED
Raleigh Bland, P.W.S. APR 14 1998
Regulatory Project Manager
COASTALMANAGEMENi

bPA
Copies Furnished:
Mr. John Domey
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
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. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

1-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
TMhMO
AOry OF January 8, 1998
TTENTI
Regulatory Division
Action ID. 199810398
Sammie E. WillianwL
Post Office Box 14
Swan Quarter, North Carolina 27885
Dear Mr. Williams:
On December 5, 1997, we received your application requesting Department of the
Army (DA) authorization to place fill material within coastal wetlands and construct a
commercial freezer and a storage building, on your property located at the intersection of
State Road 1101 and State Road 1102, adjacent to Far Creek, in Engelhard, Hyde County,
North Carolina.
After review of your proposal, the National Marine Fisheries Service recommended
denial of your application and plans by letter dated December 31, 1997, (copy enclosed).
These recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution
and/or rebut any and all objections before a final decision is made. In this regard, I would
appreciate being made aware of your intentions, in writing, on or before January 22, 1998.
Mr. Raleigh Bland of the Washington Regulatory Field Office, telephone [phone],
extension 23, is responsible for processing your application and is available to assist you in
coordinating with the review agencies.
Enclosure
Sincerely,
" 0'4
Raleigh Bland, P. W.S.
Regulatory Project Manager

0
GJ�d
-2- �GiGV �g9a
LPN M NPG�M�N�
Cop' s Furnished (without enclosure):
John Parker
iviso of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Lary Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North eaif3'ina 27636-311 ii
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
4 t:

Q1�G� 5199R
�P
��SN-N'''NPGEMEt�
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
s: Or NATIONAL MARINE FISHERIES SERVICE
Colonel Terry R. Youngbluth
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Raleigh Bland
Dear Colonel Youngbluth:
Southeast Regional Office
9721 Executive Center Drive N
St. Petersburg, Florida 33702
December 31, 1997
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 199810398(GP) dated December 9, 1997. The applicant, Mr. Sammie E. Williams,
proposes to place fill material in wetlands to facilitate the construction of freezer and stbfage
buildings in the town of Engelhard, Hyde County, North Carolina. The purpose of the project is to
provide local freezer facilities for commercial fishing interests in the area,
The project site is a 0.97 acre lot located at the intersection of SR 1101 and SR 1102 adjacent to
Jarvis Canal, a tributary of Far Creek in Engelhard. The entire lot is designated as Section 404
wetlands by the Corps of Engineers (COE) and as coastal wetlands by the N.C. Division of Coastal
Management. The proposed project consists of the placement of fill in 0.5 acre of emergent marsh
to allow the construction of a 50-foot-wide by 100-foot-long freezer building and a 50-foot-wide by
100-foot-long storage building with loading platforms. The fill material would be contained with a
294-foot-long bulkhead constructed on the property.
Based on our knowledge of the project area and coordination with the COE, we are concerned that
this work will result in the loss of wetlands that support National Marine Fisheries Service (NMFS)
trust fishery resources. Project area wetlands are vegetated with a variety of species including
saltmeadow cordgrass (Spartina patens), spike -grass (Distichlis spicata), saltgrass (Salicornia
virginica), cattail (Typha sp. ), and saltmarsh cordgrass (Spartina alternij7ora). These wetlands are
a source of detritus that is an important component in the aquatic food chain and function to remove

excess nutrient and pollutants from adjacent waters. Under high water conditions these wetlands also
provide a refuge from predator for juvenile fish and invertebrates.' Jarvis canal is connected to Far
Creek which is designated by the N.C. Division of Marine Fisheries as a primary nursery area.
Commercially and recreationally important fishery resources found in the project area include Atlantic
croaker (Micropogonias undulatus), spot (Leiostomus xanthurus), flounders (Paralichthys spp.),
Atlantic menhaden (Brevoortia tyramms), striped mullet (Mugil cephalus), and red drum (Sciaenops
ocellatus).
The NMFS is opposed to work that results in the loss of wetlands that support fishery resources
especially when less damaging alternatives may be available. The Clean Water Act, Section 404(b)(1)
Guidelines states that fill material shall not be placed in wetlands if there is a practical alternative
which would have less impact on aquatic ecosystems. These guidelines further specify that for non -
water dependent activities proposed in wetlands, practical alternatives are presumed to exist unless
clearly demonstrated otherwise. The NMFS does not consider the construction of buildings to be
water dependent and the public notice does not include an analysis of possible alternatives to the
construction in wetlands. Therefore, we recommend that federal authorizatiap for this pro', e�t�ot
be granted. Alternatively, we suggest that the proposed facilities be constructed on uplands.
We appreciate the opportunity to provide these comments.
Sincerely,
Andr s Mager, Jr.
Assistant Regional Administrator
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SER4
1Wiegert, R-G. and B.J. Freeman. 1990. Tidal salt marshes of the southeast Atlantic coast:
a community profile. U.S. Fish and Wildl. Serv. Biol. Rep. 85(7.29). 70 pp.

DEPARTMENT OF THE ARMY RECEIVE®
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. sox 1890 DEC 12 1997
WILMINGTON. NO TH CAROLINA 28402-1890
REPLY TO
ATrENnON OF COASTAL MANAGEMENT
Regulatory Division
Action ID: M S I o3 j B applicant: �aoxmle C. wI �Lm S
Waterway: !-' t (Xte� County: CCV At Work Type: WC.il4r
Mr. Larry Hardy rr Mr. John Parker T�
National Marine Fisheries Service, NOAA Division of Coastal Management
Pivers Island NC Department of Environment, Health
Beaufort, North Carolina 28516 and Natural Resources
Mr. John Hefner
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. William L. Cox, Chief
Wetlands Section -Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Post Office Box 27687
Raleigh, North Carolina 27611-7687
MY. _-co" A000
ilxLfllq . Regional Office
Division off Coastal Management
NC Department of Environment, Health
and Natul R sources „
W6.s�,a�
S ,(.
Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing
agreement, a State Field Investigation Report is enclosed. hour comments and/or
recommendations would be appreciated on or before
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure

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` S4ate'of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
4 December 1997
MEMORANDUM
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: Sammie E. Williams
Project Location: Hyde County of SR 1101 and SR 1102 adjacent Far Creek in Engelhard,
North Carolina
Proposed Project: The applicant proposes to fill f 21,584 square feet of coastal wetland and
construct two buildings on the fill adjacent Far Creek in Engelhard.
Please indicate below your position or viewpoint on the proposed project and return this form by
21 December 1997. If you have any questions regarding the proposed project, please contact
David Moye at 946-6481. 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 proposed project only if the
recommended changes are incorporated. See attached.
This office objects to the proposed project for reasons described
in the attached comments.
Signed 2L'of Wt'� , Date / — Z l - f `6
943 Washington Square Man, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

MEMORANDUM:
TO: John Parker
FROM: Katy West 910�
DATE: 21 January 1998
SUBJECT: CAMA/Dredge and Fill Permit: Sammie E. Williams, Hyde County, intersection
of SR 1101 and SR 1102 adjacent Far Creek in Engelhard, North Carolina
The following comments by the North Carolina Division of Marine Fisheries (NCDMF)
on the subject permit are offered pursuant to G.S. 113-131. Thee NgDMF objects to the project
based on the loss of± 21,584 square feet of coastal wetlands by filling and because a entire
(approximate) .97 acre site is considered 404 wetlands. Since five of the six plants that dominate
the site are either obligate wetland (3) or facultative wetland (2) species this site should be
protected so that it can continue to perform the wetland functions of habitat and water
purification and storage. The fact that the entire site was inundated with water on Mr. Moye's
site visit of 2 Dec. 1997, underlines the 404 designation of this site and reflects its wetland
function and value to adjacent Far Creek, a Primary Nursery Area designated by the Marine
dsd/KW
cc:

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr. Director
MEMORANDUM
�1
l�EHNF I
January 26, 1998
TO: John Parker, Jr.
Major Permits Processing Coordinator
FROM: Preston P. Pate, Jr., Director
Division of Marine Fisheries
SUBJ: CAMA/Dredge & Fill Permit Application for
Sammie E. Williams — Hyde County
F:r; _ J
COAS7ALMANAGEMENT
1 have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur
with their recommendetion(s).
Director,
Preston P.Pate, Jr.
Deputy Director,
Michael G. Buhl
Public Trupf§ubmerged Lands Director
P.A. Woj iechowski
h:\permits\denials\dir.den
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Emnlover 50% recvcled/ t n^u nnct-cnnsumor nnncr

,State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing Coordinator
FROM: P.A. Wojciechowsk�'
SUBJECT: CAMA/DREDGE AND FILL PERMIT
Sammie E. Williams - Hyde County
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
26 January 1998
Attached is the Division's reply for the above referenced project. If you have any questions,
please don't hesitate to contact me.
PAW/be
permiWadmiMipcover.ltr
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
Wayne McDevitt, Secretary
Roger N. Schecter, Director
December 18, 1997
1111AW0100
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker RECEIVED
Major Permits Processing Coordinator DEC 2 9 1997
SUBJECT: CAMA/Dredge and Fill Permit Application Review
COASTAL MANAGEMENT
APPLICANT: Sammie E. Williams/Williams Seafood
LOCATION: At intersection of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on fill adj. Far Creek.
Please indicate below your agency's position or find"mgs on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or design.
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
Q/f7Jlcf % Io/LL Gvtif Ladwll /cam A�I.v _ w�%�r .OrE/is.•df^�
yTic�a'
r�i?l ff/G GRr d �C? �c t T 7v 4' f
Signed Date /�/L� c� 7
P.O. Box 27687, Raleigh, North Carolina 27611-7H7 Telephone [phone]
An Equal Opportunity Affirmative Action Emolcyer So% Pec,c!ed / 10> Pcst-Ccnsume.. Pacer

Prate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
December 18. 1997
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
FDMO
Bum
M
DEC 19 1997
SUBJECT: CAMA/DREDGE & FILL Permit Application RevieiPpGAS.T MANAGEMEN)
APPLICANT: ammie Wilhams/WilShams Seafood
PROJECT LOCATIO At intersection of R110 & 1102 adj. Far Creek in Engelhard, HydeCo
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on fill adj. Far Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 8, 1998. 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.
REPj(� 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.
Signedlxa— � Date 'F Si
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
An Equal ouportuniry Affirmaxwe Acnon Emaicyer 50% Recrcfed / 10i PCs'-Ccnsumar Pacer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
rkrjfwurc#'10
Y
f
JL
'A qL
C EHN
December 18, 1997
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
RECEIVED
JAN 2 0 1998
COASTAL MANAGEMENT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: SgMmie_ E. Williams/Williams Seafood
PROJECT LOCATION: At intersection of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on fill adj. Far Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 8, 1998. 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 ���ecp Date /�/ice
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Teieohone 919-733-2293
An Equal Opportunity Affirmative Action Employer 50% Pec¢:ed / 70i Fast -Consumer Pzov

zte of Norm k,aronnd
epartment of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM
v f
CH"FZ
December Iv `�
� 3 AN 12 199a
��PgTP�-MPNPG001
TO: Ms. Linda Sewall, Director
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Sammi . Williams/Willia!s Seafood
PROJECT LOCATION: At in tion of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on.fill adj. Far Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
January 8,1998. 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 t2ieDate /
P.O. Box 27687, Raleigh, North Carolina 27611-7cc7 ieie_.^.one 9i5-722-2=93
An Equal oaparcunm/ ABirmau" ACilan Emmayer E0% flec=ec 1 10% r ec-Ggnsumr. 'ricer

mate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
December 18, 1997
MEMORANDUM
TO: Ms. Linda Sewall, Director LSH
' 2 2 1997Division of Environmental HealthSH SAN17AT10N
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
�yt
APPLICANT: Sammie E. Wi ms/Williams Seafood
PROJECT LOCATION: t intersection of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on.fill adj. Far Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
January 8,1998. 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. LS6�4
This agency approves of the project, only if the recommended are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
G�-�
Signed V""-� Date
P.O. Box 27637, Raleigh, North Carolina 27611-7c37 Teie-shone 919-723-2293
An Equal Ooportuniry Affirmative Action Empioyer 50% Fea/oteq / toil Fos: -consumer Pegea

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Scheeler, Director
4 December 1997
MEMORANDUM
TO: Mr. William McNeil, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
RECEIVED
DEC 0 g 1997
COASTAL MANAGEMENT
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: Sammie E. Williams
Project Location: Hyde County of SR 1101 and SR 1102 adjacent Far Creek in Engelhard,
North Carolina
Proposed Project: The applicant proposes to fill f 21,584 square feet of coastal wetland and
construct two buildings on the fill adjacent Far Creek in Engelhard.
Please indicate below your position or viewpoint on the proposed project and return this form by
21 December 1997. If you have any questions regarding the proposed project, please contact
David Moye at 946-6481. When appropriate, in-depth comments with supporting data is
requested.
REPLY
Signed
/ This office has no objection to the project as proposed.
943 Washington Square Mall,
This office has no comment on the proposed project.
This office approves of the proposed project only if the
recommended changes are incorporated. See attached.
objects to the proposed project for reasons described
1 eat ed c. ents.
Date
Washington, North 'arolina 27889 Telephone 919-9 -fi48 FAX [phone]
An Equal Opportunity Affirmative Action Employer

'— State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
EDEHP%%,.JFR
December 18, 1997
RECEIVED
^1�1y'-e7L 1997
h
MEMORANDUM 7^° COACT,91 VANAGE�f8NT
r \��
Msta�^
TO: Mr. Joseph H. Henderson, Director �`o�
State Property Office 0&e 91 ;.
Department of Administration = —
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: C E & FILL Permit Application Review
APPLICANT: S e E. Willi ilHams Seafood
PROJECT LOCATION: of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on fill adj. Far Creek.
Plesase indicate below your agency's position or viewpoint on the proposed project and return this form
by January 8, 1998. 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.
-!:070�— 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 1
P.O. Box 27687, Raleigh, North Carolina 27611-7637 Teieohone 919-733-2293
An Equal ooportunny Affirmative Action Employer 50% Pecic!ea 1 10% Pas: -Consumer Pscer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM
EDEHNR
December 18, 1997
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Sammi . Williams/Williams Seafood
PERCEIVED
JAN 02 1998
COASTAL MANAGEMENT
PROJECT LOCATION: At in of SR1101 & 1102 adj. Far Creek in Engelhard, Hyde Co.
PROPOSED PROJECT: To fill coastal wetlands and construct 2 buildings on fill adj. Far Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 8, 1998. 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.
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.
)roject for reasons described in the attached comments.
Date-7 )7�,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Teleohone 919-733-2293
An Equal opportunity Aftirmative Action Employer 50% Recnc!ed / lo% Post-cznsumer rarer

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Scheeler, Director
4 December 1997
MEMORANDUM
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
RECEIVED
DEC 10 1997
COASTAL MANAGEMENT
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: Sammie E. Williams
Project Location: Hyde County of SR 1101 and SR 1102 adjacent Far Creek in Engelhard,
North Carolina
Proposed Project: The applicant proposes to fill -1- 21,584 square feet of coastal wetland and
construct two buildings on the fill adjacent Far Creek in Engelhard.
Please indicate below your position or viewpoint on the proposed project and return this form by
21 December 1997. If you have any questions regarding the proposed project, please contact
David Moye at 946-6481. 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 proposed project only if the
recommended changes are incorporated. See attached.
This office objects to the proposed project for reasons described
in the attached comments.
C
Signed Date / Z
943 Washington Square Man, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
� Z /9S 7
TO: John R. Parker, Jr./��
Major Permits Processing Section
Division of Coastal Management
FROM: Patrick H. McClain
Assistant Land Quality Regional Engineer
Washington Regional Office
SUBJECT:
This office will require that:
�1. The area be properly graded.
2. A permanent ground cover sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
3. The exterior slopes of the disposal area dikes be at an
�. angle no steeper than 1 1/2 H: 1 V.
4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence', diversion swales/berms,
sand fence, etc.)..
5. A ground cover suffici@nt to restrain erbsiori be
Provided within 30 working'days.oi 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:

e
NCDENR
JAMES 8. HUNTJR.
GOVERNOR
�WAYNE MCDEVITT -... Mr. Sammie E. Williams
SECRETARY
P. O. Box 14
Swanquarter, NC 27885
ROGER N.SCH£OTER Dear Sir:
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
February 9, 1998
This letter is with reference to your application for a Coastal Area Management
Act Major Development and state dredge and fill permit to fill an area of coastal wetland
and construct two buildings on the fill adjacent Far Creek in Engelhard, Hyde County.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore,
it is necessary that the standard review time be extended. An additional 75 days is
provided by G.S. 113A-122(c) which would make Aps�8 the new deadline for
reaching a decision on your request. However, we expect to take action prior to that
time and will do so as soon as possible. In the interim, if you have any question on the
status of your application, do not hesitate to contact this office.
Very sincerely,
�, 1, 6_
Jo arker, Jr.
Major. Permits Processing Coordinator
JP-jr/aw
cc: David Moye
DCM-Washington
P.O. BOX 27667, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/10% POST -CONSUMER PAPER

State of North Carolina
Department of Environment
and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 15, 1998 PEcrIVED
Mr. Sammie E. Williams
P.O. Box 14
Swanquarter, NC 27885 COASTAL MANAGEMENT
Subject: CAMA Application
Sammie E. Williams
SW7971203
Hyde County
Dear Mr. Williams:
This office received a copy of your LAMA application and
supporting information on December 4, 1997. This application has
been assigned the number listed above.
A preliminary review of your project has been completed. The
following additional information is needed before a permit can be
issued:
- stormwater application and appropriate fee
- site plan showing all development and details of stormwater
control measures
The above information must be submitted within 30 days, or
your application will be returned as incomplete. If you have
questions, please feel free to contact me at [phone],
extension 264.
Sincerely,
William J. ore
Environmental Engineer
Washington Regional Office
cc: H County Inspections
ohn Parker - DCM, Raleigh
Washington Regional Office
943 Washington Square Mall. Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

UNITED STA ES POSTALtS�RMC91 i �1
Official Business --..
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
54�ynMlC- fr. W,w1Am6
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• Complete items 1 and/or 2 for additional services.
• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so that we can
return this card to you.
• Attach this form to the front of the meilpiece, or on the beck it space
does not Permit.
• Write"Return Receipt Requested" on the meilpiece below the article numbs
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to and the date of delivery.
3. Article Addressed to:
F-t-AINr— L,0Ft4S
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Signature (Addressee)
Aignature (A nq.
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I also wish to receive the
following services (for an extra
fee):
1. ❑ Addressee's Address
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Consult postmaster for fee.
:Is Number
/,s (-/95"lv(ik
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VCertified ElCOD
Express Mail ❑ Return Receipt for
Merchandise
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and fee is paid)

UNITED STATES POSTAL SERVICE
official Business
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
50--nml.- 'E • W,Gc./a-r"5
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• Complete items 1 and/or 2 for additional services.
I 8150 Wlah t0 r0C01Ve th0
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following services (for an extra
• Print your name and address on the reverse of this form so that we can
fee):
return this card to you.
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Consult postmaster for fee.
3. Article Addressed to: 4a. A Acle Number
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE.
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES less front)
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endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If
return receipt is requested, check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry. 105at10�a3-8o2ta

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Receipt for
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No Insurance Coverage Provided
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senr tp N.C. D,v.T.
Street and No YDE Lo
DrV. OF )4,P teYs—,1n'4jw7f N
P 0.. State and ZIP Cade
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Return Receipt Snowing
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Iw front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier (no antra charge).
2. If you do not want this receipt postmarked. stick the gummed stub to the right of the return
address of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address on a
return receipt card, Form 3811, and attach it to the front of the article by means of the gummed
ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, 6
endorse RESTRICTED DELIVERY on the front of the article. E
0
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return receipt is requested, check the applicable blocks in item 1 of Form 3811. IN
a
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�w
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Do not use for International Mail
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Sent to
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Certified Fee
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Return Receipt Showing
to Whom & Date Delivered
Return Rac to Whom,
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PW�r-,Dj,,

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
4 December 1997
Mr. Sammie E. Williams
P.O. Box 14
Swan Quarter, North Carolina 27885
Dear Mr. Williams:
The Division of Coastal Management hereby ackno�!wl ges receipt of an application for State
approval for development of your property, located TIMP lRRrection of SR 1101 and SR 1102 adjacent
Far Creek in Engelhard, North Carolina. It was received on 25 November 1997 and appears to be
adequate for processing at this time. The projected deadline for making a decision is 8 February 1998.
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 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,
�O0 m--
David W. Moye
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
ENCLOSURE
DWM.jwm
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

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State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
TO: Jim Mulligan
Deborah Sawyer
FROM: David Moye fitP'
DATE: 4 December 1997
SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit
Sammie E. Williams
Hyde County, North Carolina
Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received
by me on 25 November 1997. I am considering this application complete, have acknowledged
receipt, and have begun processing.
If you have any questions do not hesitate to contact me.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
17 November 1997 RECEIVEI)
NOV 19 997
Mr. Bill Powell
East Carolina University COASTAL MANAGEMENT
Regional Development Institute
Willis Building
300 East First Street
Greenville, North Carolina 27858-4353
Dear Mr. Powell:
This letter is in reference to your application received in this office on 10 November 1997,
on behalf of Sammie E. Williams for a CAMA Major permit, for the filling of ±21,584 ftz of
coastal wetlands and the construction of two buildings with loading platforms and a retaining wall.
The work is proposed onsite property owned by Sammie E. Williams at the intersection of SR
1101 and SR 1102 in Engelhard adjacent Far Creek in Hyde County, North Carolina. I have
reviewed the application for completeness and have found that several items need to be addressed
prior to accepting the application as complete.
Form DCM-MP-1
1.b. ITT/A.
2.c. Intersection of SR 1101 and SR 1102.
2.d. Engelhard is not incorporated so check no.
3.a. Add retaining wall.
4.a. Change to t4.6 acres.
4.b. Change to f.97 acres.
4.i. Change to N/A.
4.1. Put YES in the delineation blank, write `by DCM and COE representatives'
and attach COE documentation.
4.n. Add `wash down'.
5. Elaine Loftus is not labeled on the plat(s).
943 Washington Square NLII, W "LugWn, North Caro:;na 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Afrvmative Action Employer

Mr. Bill Powell
Hyde County
Page Two
Form DCM-MP-2
Remove the information from the `other' line.
Form DCM-MP-3
This section does not apply to this project since the entire site (tract two) has been
delineated as 404 wetlands by the U.S. Army Corps of Engineers and a majority
of the tract as Coastal Wetlands by the N. C. Division of Coastal Management.
Your cover letter along with MP-1 and MP-2 will suffice.
0
Plat 2 of 2:
Cross section Al - A2
The application states a 1' high retaining wall but this plat shows a 1.5' high wall.
If you go with 1', then the fill material will be 2" above the retaining wall.
I am returning the entire application package to you so that these items can be addressed.
As soon as you can provide this information to me and I can accept the application as complete,
the 75 day processing time can begin. If you have any questions, please call me at (919) 946-
6481 ezt.298.
Sincerely,
V
David W. Moye
Coastal Management Representative
cc: Terry Moore - District Manager, Washington Regional Office, DCM
John Parker - Major Permits Chief, DCM
Raleigh Bland - US Army Corps of Engineers, Washington Regional Office

E A S T
CAROLINA
UNIVERSITY
October 6, 1997
Regional Development
Services
Willis Building
Mr. Ter Moore
Terry
300 East First Street
NC Division of Coastal Management
Regional
PO Box 2188
Development
Institute
Washington, NC 27889
919-328-6650
g
919-328-4356 fax
Center for Applied
Dear Mr. Moore:
Technology
919-328-6708
919-328-4356 fax
Enclosed please find an application to dredge and/or fill submitted in
Small
and Tecchnology
behalf of Sammy E. Williams, owner of Williams Seafood, Inc. The
Deve919-31opment 28-6183 Center
project is located across S.R. 1110 from the former Cargill Grain
919-328-4356 fax
operation (now part of Williams Seafood) in Englehard, NC. The site
earth
consists of three contiguous parcels that were purchased together last
LSurvy aboratory
919-328-6650
year from Cargill, Inc.
919-328-4356 fax
NC Manufacturing
Extension Partnership Mr. Williams would like to construct quick (blast) and holding freezer
919-328-6708
919-328-4356 fax facilities on one of the three parcels to include a 'fast freeze" building and
a connected "holding freezer" building. Attached concrete loading
platforms are proposed to allow ingress and egress of delivery trucks
servicing the facility.
These freezer facilities are needed by the commercial fishermen in the
Englehard area to compete with the expanding global market for U.S.
exports; with this facility providing mainly croakers and squid to quick
freeze and ship to the Chinese. Transportation costs for the delivery of
ice are exorbitant, making this a cost -prohibitive venture at present. This
facility, once constructed, would relieve the local economic hardship that
exists today, and provide a stable source of ice to serve the Englehard
area in the foreseeable future.
This site (.97 acre) historically contained two houses and septic tank
facilities until, years ago, all were removed from the site. Since that time,
the land has remained fallow. Jarvis ditch runs adjacent to the rear of the
lot. Areas of marsh have encroached in the lower areas of the site and
spread in a hap -hazard pattern so that the site today can be
characterized as "disturbed wetlands". The previous disturbance of this
site and removal of the former septic tank and drain field has had a
dramatic effect on the flora present today.
Greenville,
North Carolina East Carolina University is a constituent Institution of The University of North Carolina.
27858-4353 An Equal Opportunity/Affirmative Action Employer.

r
Mr. Williams proposes to fill a 152'x142' (ave.) portion of this lot to
accommodate the two buildings and driveway (see drawings) with 8" of
grit dirt and 6" of crushed rock. Once compacted, the fill will provide a
sound foundation to construct the buildings as well as afford a stable
base for trucks using the facility. Each building will be constructed with
cinder blocks, tin roofs (gable), concrete floors, and concrete loading
platforms (with slant roofs from the gable ends of the buildings). An 18"
high (from existing ground elevation) treated wood bulkhead will encase
two sides of the fill and prohibit encroachment of sedimentation to the
adjacent existing disturbed wetlands. Mr. Williams proposes to leave an
adjacent 75' border of disturbed wetlands along the back of the lot and an
adjacent 40' border along the side of the lot (19,850 sq. ft. in all), thereby
using as little of the lot as practicable to accommodate the facility.
Should you have any questions concerning this application, please feel
free to call me at 919-328-6650. Thank you for your favorable review of
this submittal.
Sincerely,
Bill Pow
Associate Director of Site Development
Enclosures

Form DCM-MP-1
APPLICATION
(To, be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
c. Street address or,secondary road number
a. I:ahilowtier:
1 oi.l OF-S•R:`IIbI AIJD 6,12. 1107-
:..� ..-,,, �.Lr :;•;,tom,.--�
d.. Is proposed work within city limits or planning
Name-SAMe^I E E. W I Uu AMjurisdiction? Yes ' ' ✓ No
Address _V©• 00,. e /4.
e. Name of body of water nearest project�(e.g. river,
City5�%A 4 9:_ 2 J� State
creek, sound, bay) AR GRkF_IL "
Zip �9'7 ?R'F Day Phone ja 2S= f ,7�
Fax
b. Authorized Agent:
Name 1 /d-
Address
City State
Zip Day Phone
Fax
c. Project name (if any) _W1LLl4.titL2 '79A<o0i21i0C•
NOTE: - Permit will be issued in name oflando~r(s), and/or
project now.
2. LOCATION OF PROPOSED
PROJECT
a. County 44 eQ E :+
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.
'IJJULI.D1"(4 110A,; 5%2EF71R=" A-nID
��1'iO LD1A1 '� IGE i�iUtW MlFts' FI WII.t To
�.rtrmer7AjE UILDIt.linLi Af.SD "j'R.l1UL,
�iE2�/1C�'rnnlh"(12.0 GTiJ� Rr:TAt�A/6t q1,4
b. Is the proposed activity maintenance' of an existing
project, new work, or both? F.Fgw WORK.
c. Will the project be for public, private or commercial
use? Gtt/>\M ER G1 A L
1
Give a.brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. 94.20bt 14 To 172e4IDE 4,E DED
1GE FACALATIX5 .Fctz 49-SA CeiMMfgLeb: �-
,E- 1&i wmo eA1411AVLM 1"t)
T AWMVL4St1 AMU-0--W& TkLAGM, PJML.
U,g,.M27r JC4 Fi2b^ FAr_i6 IEB. (3U,6DWA,6
Wrrti fia_r-NA g'a S. 6Ie1Dez fa.ncL, r_w,fa 1J)
tELaOV4 RIA19,
S'�r;21 o12T cam. frol2
4-0 ea, AFEDED u7n2T10 AJ' nF Ill-0As�`�•
(Atho SEE dr'r4�4WV'•t�AIZJLAIiJL%IE�fSR�
Revised 03/95

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1-4.6 "'AcrzEs
b. Size of individual lot(s) } R? %iGRF�
c. Approximate elevation of tract above MHW or
NWL V-+4'
d. Soil type(s) and texture(s) of tract
SArJoY. 144,/A A-rin ue+-(
e. Vegetation on tract iaD� 6a15 L
f. Man-made features now on tract 6prA fe ZW?
VEW,ii, p^ 5QPffiEfz �51`21ACTCI.RfS
g. What is the CAMA Land Use Plan land
classification of the site? (CoruuU the local land use pkn.)
Conservation Transitional
�i Developed`" ^' "i "Community
t ;....Rural !' t>r y < , i _ ., t ' i'Other'"
h': ''HoW'is'the_6ct'zoned by local government?
a�
i. Is tiie prop-o'sIe"dproject consistent with the applicable
zoning? � Yes No
(Attach zoning rn»pGance certificate, if appUcobk)
j•
Has a professional
done for the tract?
If yes, by whom? -
archaeological assessment been•
Yes ✓ No
.k,_,k•'-Is`•the•pro'&t,located-int'a National Registered
t+• .= -Historic-District•ior•-does •it:-involve'a ,National
Register listedtor eligible propehr- : t:
- Yes :'j✓ .No: t u _„ .
.t-.1. Aie�there'wetlaidson,thesite? _,✓Yes : 1 No
hCoastal (marsh) :, ✓ Other.
r•Ifyesthas,a'deliheatioirbeen•conducted?'` liS
`t'..`.,(Attack, dacamentntion;.ifayailab7e"J,':(3Y ijcm-4niD C09
m. Describe existing wastewater treatment facilities.
000F_
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.) SaaPAAck
P-wJoFF 44D WASH POWA
o. Describe existing: -,drinking water.'supply source.
U�u xrN W iz /�YS n•�
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
I- ink 6i-in'8` 1%2" `by -I I" 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. Blue4ine
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
01
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 C-:L,4idF L-oE`Ctis
Address Ro. 'MX 4t
Phone A 61L4I1,+9-P,r4.G•
Name N.c- DEPTr op
Address 19KDF co. MAigrcrj4dCe& FAr-)u'rY
Phone sWa+1dZVsrz�r_tz,,J.(--.
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.
0)/,-
• 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 17-� day of � - , 9 ci �.
Print Name SaMM)L E. W—t o/y S
Signature 52� 1°-
tm)dox er or Authorized 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

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No ►J )A-
f. Does the disposal include any area in the water?
Yes No fjJ q-
3. SHORELINE STABILIZATION rJ� A-
ro t.y
a. Type of shoreline stabilization
Bulkhead Rpprap
b. Length
c. Average distance waterward of MHW or NWL
If yes,
(1) Amount of material to be placed in the
water �J o a F-
(2) Dimensions of fill area rJ I
(3) Purpose of fill Va slvfE Ei2u0r6> Tioacj
a f2 AWD 1221,/EtnIAY
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
✓ Yes No
If yes,
(1) Dimensions of fill area I Sz' x 14ti (AJE�
�Se• . O. _ .,
5. GENERAL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
✓ Yes No
a. How will excavated or fill material be kept on site
and erosion controlled? 6 / 5' F1•((R i;J
'f1Z rMQ WDOD JN5TALLIC)
�_O NND 'nEQIPN.Ir IZ`l nF 1'IVV A-2 EA
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
V2ut -06Le2 A44P -nMAt^toe
c. Will wetlands be cr,ssed in transporting equipment
to project site? _ Yes ✓ No
If yes, explain steps that will be taken to lessen
environmental impacts. 0.104
/54-rtimiE E. wtwAMS
Apptirant or Project Name ,
Signature
Date
Revised 03/95

Form DCM-MP-2
EXCAVATION
AND -:.FILL
, .,
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, of•
Form DCM-MP-1. Be sure to complete all
other sections the Joint Application that relate to this
proposed project.
Dest;ribe.-below, the=purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel ,
( W) OK-(NWL)-
Canal 1
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Depth Depth
yea. �fi, ✓:)
b �ry k%
1
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards t3 1 A-
b. Type of material to be excavated rJ 1'
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes ✓ No
d. Highground excavation in cubic yards nlcnl6
2. DISPOSAL OF EXCAVATED
a. Location of disposal area tiJ.Jk
b. Dimensions of disposal area tJ I A-
c. Do you claim title to disposal area?
Yes _ No tJ 16-
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? tJ I A
Revised 03/95

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9, 1997 TRICEr.I FRoM hIL

- DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Williams, Sammie E.
2. LOCATION OF PROJECT SITE: Hyde County at the intersection of SR 1101 and SR 1102 adjacent
Far Creek in Engelhard, North Carolina
Photo Index - 1995: 114-1228; I-21,22, J-21,22 1989: N/A 1984: N/A
State Plane Coordinates - X: 2,893,700 Y: 653,100
Engelhard East Quad. (upper left corner)
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/02/97
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 11/25/97
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation(water, wetlands)
(B) AEC(s) Involved: CW
(C) Water Dependent: NO
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - 2 buildings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FIT LED OTHER
(A) Vegetated Wetlands
Coastal Wetlands
±21,584 ftz
(B) Non -Vegetated Wetlands
(C) Other High ground
(D) Total Area Disturbed: ±0.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SC-HQW Open: NO
8. PROJECT SUMMARY: The applicant proposes to fill ±21,584 ft2 of coastal wetland and construct
two buildings on the fill adjacent Far Creek in Engelhard.

Sammie E. Williams
Hyde County
Project setting
The applicants property is located in Engelhard at the intersection of SR 1101 and SR 1102
adjacent Far Creek in Hyde County, North Carolina. The tract is bordered on the north and west
by paved road and on the south by a property line ditch. The property is bordered on the east side
by a manmade canal (Jarvis Ditch) which connects into Far Creek and allows tidal and wind driven
estuarine water to regularly inundate the site. „wring m2 December 1997 site visit thire tract
was inundated with w4er. The entire f.97 acre site has been designated as a 404 wetland by
Raleigh Bland of the U. S. Army Corps of Engineers and the site has been delineated as Coastal
Wetlands by David Moye, Coastal Management Representative. According to the applicant, the site
has been disturbed in the past and at one time had a residence with a septic system on it, which has
been removed, and over time the site has re-established itself as a coastal wetland. Distichlis
spicata and Spartina patens dominate the tract and other wetland plants including the coastal
wetlands, Salicarnia spp and Tvnhasnn are present. Fescue grass is sporadic on the site. As you
move west towards the canal, the vegetation changes to a more homogenous stand of coastal
wetlands for the western 1/3 of the site. The portion of the property that is adjacent to the canal and
the property line ditch is vegetated with Spartina alterniflora and this fringe ranges from I'wide to
20' wide. Numerous pockets of standing water were present on 2 December 1997 and small finfish
as well as crustaceans were visible in them.
The adjacent property to the south and east sides are wetlands vegetated similar to the project
site and also include Juncus roemeri n ,s. The site averages 1.5 feet above mean sea level. Far
Creek is classified as SC-HQW by the Environmental Management Commission. The Division of
Marine Fisheries has designated the area as a Primary Nursery Area but the area is not open to shell
fishing.
Project description
The applicant proposes to fill f21,548 ft2 (L.5 acre) of coastal wetland and construct two
buildings with loading platforms on the fill. One of the buildings is a 50' by 100' freezer and the
other is a 50' by 100' storage building. A 1.5' high bulkhead is proposed around the perimeter of
the fill area to provide a containment structure adjacent the remaining coastal wetland area and will
be approximately 294' long.
Anticipated impacts
The project as proposed will result in the loss of t21,584 ft2 of coastal wetland as a result
of the filling and construction activity.
David W. Moye - Washington Office- 3 December 1997

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Williams, Sammie E.
2. LOCATION OF PROJECT SITE: Hyde County at the intersection of SR 1101 and SR 1102 adjacent
Far Creek in Engelhard, North Carolina
Photo Index - 1995: 114-1228; I-21,22, J-21,22 1989: N/A 1984: N/A
State Plane Coordinates - X: 2,893,700 Y: 653,100
Engelhard East Quad. (upper left corner)
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/02/97
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 11/25/97
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation(water, wetlands)
(B) AEC(s) Involved: CW
(C) Water Dependent: NO
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - 2 buildings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Coastal Wetlands
±21,584 ft2
(B) Non -Vegetated Wetlands
(C) Other High ground
(D) Total Area Disturbed: ±0.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SC-HQW Open: NO
8. PROJECT SUMMARY: The applicant proposes to fill ±21,584 ft2 of coastal wetland and construct
two buildings on the fill adjacent Far Creek in Engelhard.

Sammie E. Williams
Hyde County
Project setting
The applicants property is located in Engelhard at the intersection of SR 1101 and SR 1102
adjacent Far Creek in Hyde County, North Carolina. The tract is bordered on the north and west
by paved road and on the south by a property line ditch. The property is bordered on the east side
by a manmade canal (Jarvis Ditch) which connects into Far Creek and allows tidal and wind driven
estuarine water to regularly inundate the site. During my 2 December 1997 site visit the entire tract
was inundated with water. The entire t.97 acre site has been designated as a 404 wetland by
Raleigh Bland of the U. S. Army Corps of Engineers and the site has been delineated as Coastal
Wetlands by David Moye, Coastal Management Representative. According to the applicant, the site
has been disturbed in the past and at one time had a residence with a septic system on it, which has
been removed, and over time the site has re-established itself as a coastal wetland. Distichlis
spicata and Spartina patens dominate the tract and other wetland plants including the coastal
wetlands, Salicomia spp= and T hyp a spp are present. Fescue grass is sporadic on the site. As you
move west towards the canal, the vegetation changes to a more homogenous stand of coastal
wetlands for the western 1/3 of the site. The portion of the property that is adjacent to the canal and
the property line ditch is vegetated with Spartina alterniflora and this fringe ranges from l' wide to
20' wide. Numerous pockets of standing water were present on 2 December 1997 and small finfish
as well as crustaceans were visible in them.
The adjacent property to the south and east sides are wetlands vegetated similar to the project
site and also include Juncu- ro m rian , . The site averages 1.5 feet above mean sea level. Far
Creek is classified as SC-HQW by the Environmental Management Commission. The Division of
Marine Fisheries has designated the area as a Primary Nursery Area but the area is not open to shell
fishing.
Project description
The applicant proposes to fill ±21,548 ftz (f.5 acre) of coastal wetland and construct two
buildings with loading platforms on the fill. One of the buildings is a 50' by 100' freezer and the
other is a 50' by 100' storage building. A 1.5' high bulkhead is proposed around the perimeter of
the fill area to provide a containment structure adjacent the remaining coastal wetland area and will
be approximately 294' long.
Anticipated impacts
The project as proposed will result in the loss of±21,584 ftz of coastal wetland as a result
of the filling and construction activity.
David W. Moye - Washington Office- 3 December 1997

A
Form DCM-MP-1
APPLICATION
-(To be completed by all applicants)
b. City, town, community or landmark
I. APPLICANT
a. Landowner:
c. Street address or secondary road number
IWfcesErT2!:!0P S•R• I lol Arlo 5•R. Iloz.
Name SA MmI E Fr W Iuw,4Mh
Address _ ✓©• C3ox /4
City6 1Q1A,QV11h 2 Stater
Zip a'7 2917 Day Phone S- 1
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any) W Il,L)4r-v1,Ii h1:/�o12, dIJC.
NOTE: Permit will be issued in name of landowwer(s), nand/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County 441eE25
Revised 03/95
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) Ja12
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.
'PJIA LVDIKI(q fA°if F%2ES-2 (70 A-rJD
"FioIDI�I " Ice �T
/�Ltr+.v�ontlj�_P�u(�Dtr.l�n�5 AaJD "j' ti �G.
:ZE VIC.F,! r 0 015-1-R W CM J1. 2ETA,dWA WALL,
b. Is the proposed activity maintenance of an existing
project, new work, or both? i tgw wop-Y—
c. Will the project be for public, private or commercial
use? GOMM ER-C-I .4 L..
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. if more space is needed, please attach
additional pages. 9W¢Resa is T- faogID£ ,)£APED
IGE FA[.IL.I TIES FvR. /.IDEA CAMAIM-j4t.• Fta�t1-
To A'. OMVWSH MMU'A.rTr,,IE, 'riausl66 NIIUL.
U&tjn pafLr igg Fgam FAgi.Mi5s. (3 ,uoINA,,
LAMS 64-N F40F12. WVF-P- a .+tJ L2t4 ttar.It
o Ems
sl" Flat i r�t2T a,�ti7 DcRUSHa D c*. rbe
u. Ct l rIEBDED 126P-M o t lh n; a1 P1`r•
CAIto SU- 4rT+34r5P IJaI2Ra11J>= t.E7ffBe)

Form DCM-MP-1
C GI�lJc�11:/: 11 11 SIN
CHARACTERISTICS
a. Size of entire tract '!'4. 6 Acszms'
b. Size of individual lot(s) ± • 97 qc>zF-5
c. Approximate elevation of tract above MHW or
NWL -t-1'—+4'
d. Soil type(s) and texture(s) of tract
5r44JoY L-04-'A 40n U.g'-e
e. Vegetation on tract ufl�lo qgA60 %. e'a AL
i, LU"Oh
f. Man-made features now on tract 4cAAT[p.2GD
pE1�ILi OM �DP_rnE2 hiRucTG..12ES
g. What is the CAMA Land Use Plan land
classification of the site? (Cowult the local land use plan.)
Conservation Transitional
y Developed 'Community
Ruial; Other
h. How is'the tract'zoned by local government?
i. Is the proposed
project consistent with the applicable
zoning? � Yes No
(Attach zoning compliance cenifncate, if applicable-)
j. Has a professional archaeological assessment been
done for the tract? Yes ✓ No
If yes, by whom?
v •k: Is'•the project located =in. a National Registered
Historic District or- does it' involve a" National
Registerlisted or eligible property?
Yes I ✓ 'No . -
1. Are there wetlands on the site? ✓ Yes _ No
%Coastal. (marsh), . ✓. Other -",tom `
If yes,- has•a delineation been conducted?
(Anach. documentation, if availabk).'. f2iY p cm .411 D CO B
in. Describe existing wastewater treatment facilities.
?,3 o 0 f-
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.)
17,4,J0fF 4�1D WhaN AywtJ
o. Describe existing ;drinking water supply source.
C.QLA h nJ v. EIEZ
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.)
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 E tn11I%E L.o E CtiS
Address f2 0 . -,50k 4'u
Phone t.t.G. an'3-14
Name N.G DEPT op 1 iorl
Address 1410>6 co. MnrrsrcaartcA- Fdr-K,4-rY
Phone :�J44QU#2TT-.R rJ G ;79%q
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.
rl ) A-
• 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"1� day of �, 1912.
.
Print Name liAMMIE F— W �tIAMS
Signature• �- �• !f/��'-�
tardowner or Authorized 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

J.
Forin DCM=MP-2
EXCAVATION
ANDFILL_
(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.
Destribe:below the=purpose of.proposed;excavation or -
fill activities. All values to be given in feet.
Access
channel
(MLW) or &Ww
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project .
Leneth Width Death Deoth
•
rr,� _:..:fir
� N' o'•fl?•t:<
'_.wa°' ''.�.K
`w, ter: •.
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards t, A-
b. Type of material to be excavated tJ 1-
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
_.(SAVs) or other wetlands? _ Yes ✓ No
d. Highground excavation in cubic yards r4oilr
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area t.11A-
b. Dimensions of disposal area tJ I /d-
c. Do you claim title to disposal area?
Yes _ No 016-
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? tJ I A -
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No ►J IA
f. Does the disposal include any area in the water?
Yes No J I A--
3. SHORELINE STABILIZATION ►JJ A-
-fb t.t1
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length _
c. Average'distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e.' Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
✓ Yes No
If yes,
(1) Amount of material to be placed in the
water IJ o rJ F-
(2) Dimensions of fill area rJ IA-
(3) Purpose of fill 2-FAmI Z 62LW0,A'nv
r,42 0%41t•1210J(1S "D D2r4EWA`(
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
✓ Yes No
If -yes,
(1) Dimensions of fill area 15s' x 64'L'CAJF-)
�� - t J•- r � �p
5:-- GENERAL
a. How -will excavated or fill material be kept on site
and erosion controlled? 6 !.S FJ-[fno
112SA -k n VJ ODD HJ5 6" P
NND :pggij?"2`l or nLA, 4-ar-A
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
1 V LL- 6141L "0-TTli9GLo i3
c. Will wetlands be cr3ssed in transporting equipment
to project site? —Yes ✓ No
If yes, explain steps that will be taken to lessen
environmental impacts. F,1 A
Sbrtn.v��E E. WtLU,4,v a
Applicant or Project Name
Signature
9- 1—r-ct-7
Date
Revised 03/95

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S. 1997 '(frYe�j pp?1A IJL CD

r
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Williams, Sammie E.
2. LOCATION OF PROJECT SITE: Hyde County at the intersection of SR 1101 and SR 1102 adjacent
Far Creek in Engelhard, North Carolina
Photo Index - 1995: 114-1228; I-21,22, J-21,22 1989: N/A 1984: N/A
State Plane Coordinates - X: 2,893,700 Y: 653,100
Engelhard East Quad. (upper left corner)
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/02/97
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 11/25/97
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation(water, wetlands)
(B) AEC(s) Involved: CW
(C) Water Dependent: NO
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - 2 buildings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED ED OTHER
(A) Vegetated Wetlands
Coastal Wetlands
±21,584 ftz
(B) Non -Vegetated Wetlands
(C) Other High ground
(D) Total Area Disturbed: ±0.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SC-HQW Open: NO
8. PROJECT SUMMARY: The applicant proposes to fill ±21,584 ft2 of coastal wetland and construct
two buildings on the fill adjacent Far Creek in Engelhard.

Sammie E. Williams
Hyde County
Project setting
The applicants property is located in Engelhard at the intersection of SR 1101 and SR 1102
adjacent Far Creek in Hyde County, North Carolina. The tract is bordered on the north and west
by paved road and on the south by a property line ditch. The property is bordered on the east side
by a manmade canal (Jarvis Ditch) which connects into Far Creek and allows tidal and wind driven
estuarine water to regularly inundate the site. During my 2 December 1997 site visit the entire tract
was inundated with water. The entire f.97 acre site has been designated as a 404 wetland by
Raleigh Bland of the U. S. Army Corps of Engineers and the site has been delineated as Coastal
Wetlands by David Moye, Coastal Management Representative. According to the applicant, the site
has been disturbed in the past and at one time had a residence with a septic system on it, which has
been removed, and over time the site has re-established itself as a coastal wetland. Distichlis
spicata and Sparring patens dominate the tract and other wetland plants including the coastal
wetlands, Salicornia snp_ and T hen a =no. are present. Fescue grass is sporadic on the site. As you
move west towards the canal, the vegetation changes to a more homogenous stand of coastal
wetlands for the western 1/3 of the site. The portion of the property that is adjacent to the canal and
the property line ditch is vegetated with Sparrina altemiflora and this fringe ranges from 1' wide to
20' wide. Numerous pockets of standing water were present on 2 December 1997 and small finfish
as well as crustaceans were visible in them.
The adjacent property to the south and east sides are wetlands vegetated similar to the project
site and also include Iuncuq ro m ri n ,s. The site averages 1.5 feet above mean sea level. Far
Creek is classified as SC-HQW by the Environmental Management Commission. The Division of
Marine Fisheries has designated the area as a Primary Nursery Area but the area is not open to shell
fishing.
Project description
The applicant proposes to fill +21,548 ftz (f.5 acre) of coastal wetland and construct two
buildings with loading platforms on the fill. One of the buildings is a 50' by 100' freezer and the
other is a 50' by 100' storage building. A 1.T high bulkhead is proposed around the perimeter of
the fill area to provide a containment stricture adjacent the remaining coastal wetland area and will
be approximately 294' long.
Anticipated impacts
The project as proposed will result in the loss of±21,584 ftz of coastal wetland as a result
of the filling and construction activity.
David W. Moye - Washington Office- 3 December 1997

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
E�I.E aQt7
1. APPLICANT
a. Landowner:
c. Street address or secondary road number
t/jr1e5E ew1OP S•R• I IGI Ali y,rL. 1107-
Name hAivtnnl E E. W IL- u,4rtlh
Address ©• CSok /4
CityStJA+JQtnA�F2 State( —
Zip a??9"F Day Phone 4Z 1S- I7-� f
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any) W I w A ey%'S �,75A <n or2, I oG
NOTE: Perndt wilt be issued in mme of lando r(s), nand/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County 441,l95
Revised 03/95
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) 1 A-g 2
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.
'bLttI.Dlh,l4 "fA15'1 MEEZE2" A4JD
It F-IO LDIt.I '� IGE (3 ttti.D u'l� h'I I.L.I wL/S "Tn
/}rLemonAjF �,uitoti145 A-,3y "1'2 tLie-
E>�J_ICrc•cnrJ9i12NGTJ� RETA/dW(k WALL
b. Is the proposed activity maintenance of an existing
project, new work, or both? ktEw WoP-4,
c. Will the project be for public, private or commercial
use? C-0MMER-",4L.
d. Give a brief description of purpose, use, methods of
construction and daily operations of. proposed
project. If more space is needed, please attach
additional pages. 9we Pew 1�+ To P¢eJiDr 4F_gpFp
ICZ FACALI 11i%5 FLAP -EA CAMMEPL 2t FK+i-
-r 4UZeKVu5u 7b„ es WILL-
M ^pit peer t FMO n PAet MI-26'. r3u'601hG6
wmF h4.r3 A Pno1:5 cahlven- Y:ia r Jhuzu uanj
c —
T Fms
. g P- lirr a.Jr� la" JzuS,>ED =- rVQ
Fist. ^kw Jf_rDfD -Pnp_TierJ4 of KIZOPgpT .
(A t O 61M A r64liSP ' P /3 A lft LZfrrP-)

Form DCM-MP-1
4. LAND AND RATER
CHARACTERISTICS
a. Size of entire tract 1-4. i' ACP-M,'
b. Size of individual lot(s) ± • R7 AcS
c. Approximate elevation of tract above MHW or
NWL -1-V-+4'
d. Soil type(s) and texture(s) of tract
,6&0y` LoA-.M A-rJrl U1},(
e. Vegetation on tract IAPi 440 6,9Ahhr_ %. cgtA,5j-AL
�,ra:rrMJDy
f. Man-made features now on tract 4r,9EfL6t7
PEPxziS FQoM r� E� �-Taucsc4tzeS
g. What is the CAMA Land Use Plan land
classification of the site? (Consak the local land we plan.)
Conservation Transitional
yL Developed 'Community
Ruial; Other
h. How is`the tract'zoned by local government?
i. Is the prop
�-�' ose•dproject consistent with the applicable
zoning? � Yes No
(Attach zoning conpGance cenifncate, if applicable)
j. Has a professional archaeological assessment 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 —,ao¢" '
If yes, has -a delineation been conducted? ` 05
(Anach.docamentation, ijavailable)%fby PCxn-4t,1D Cog
.1ZkF1Z -SP!4r.4-n1tg.5: . .
m. Describe existing wastewater treatment facilities.
rJ o tit 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.) iL:2FAA- t__
D;.OoEF ArJD WASH Down)
o. Describe existing ,drinking water supply source.
lcn a .rrti/ rwJ �'i-ETA hYSj �rv�.
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.)
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-I
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 E L41A%B L-O E`Cw`--
Address F-0. 30k 4t.
Phone 1=461A116, ) 4 nt.G• L-18a4
Name N.G QFF`7 OF -(pA*21220 --171 I1o`i
Address 19Ya0 co. mm4rc,-J4J5-L FAQ L-41-y
Phone �)tri&IcQL.,s.27 i 0 G 978RS
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.
r1)Al
• 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 besuof my knowledge.
This is the I7'�h day of SlpA _, 19 � 1.
Print Name G1+mm,E E.
Signature-
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
✓ DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
_ DCM W-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 03195

Form DCM-MP-2
EXCAVATION
AND!.:-FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
'other sections bf 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) of (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
- - Ericdng-� = Project -
Leneth Width Depth Depth
� JM.�^Cy�vi�T'y
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards f3 rA-
b. Type of material to be excavated tJ 14
c. Does -the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes ✓ No
d. Highground excavation in cubic yards tJaPJE
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area �Jllk
b. Dimensions of disposal area tJ I /d-
c. Do you claim title to disposal area?
Yes _ No 01 B-
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? tJ I A
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs-or other wetlands?
Yes No 1J IA-
f. Does the disposal include any area in the water?`
Yes No tJ I A-
3. SHORELINE STABILIZATION r") A-
I-,L.L.
a. Type of shoreline stabilization
Bulkhead. Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Vie.Shoreline erosion during preceding 12 months
(Source of informadon)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
✓ Yes No
If yes,
- (1) Amount of material to be placed in the
water �-J O N S
(2) Dimensions of fill area rJ IA-
(3) Purpose of fill Qpaml InE F21AYOA-ftoag
aar2 155%4u-tpiOl lz "t) DC2r4EVJ.4Y
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
✓ Yes No
If yes,
(1) Dimensions of fill area 157-' X 41!
5. GENERAL
a. How -will excavated or fill material be kept on, site
and erosion controlled? 6 f.5' ki-m o
'(1ZEAT' t7yioev jNI Au.Et7
Ala xND !F'PnebiftZ`( aF t•It.L A-RmA
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
SUL1 067Z2 "D 712ACri'
c. Will wetlands be cr3ssed in transporting equipment
to project site? —Yes ✓ No
If yes, explain steps that will be taken to lessen
environmental impacts. 014
S4rMM1E E. W1LIJAM'7
ApoUcant or Project Name /
Signature .
G-1-7-cry
Date
Revised 03/95

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CARGILL, INCORPORATED
15615 MCGINTY ROAD
MINNETONK``A,, MINNESOTA
MAIL. ADDRESS: P.O. Box 9300, 1VIINNEAPOLIS, MN 55440
M. A. Kurschner
ASSISTANT SECRETARY
154068
1 hereby certify that I am Assistant Secretary of the Executive Committee of Cargill, Incorporated, a
Delaware corporation. I further certify that under the duly adopted rules of said Committee, a copy of the
record of any action taken by said Committee, when by me as Assistant Secretary certified to be true and
correct and when attested by the with the corporate seal, shall be sufficient evidence of the taking of said action
and its effectiveness, without the signature of any member of said Committee. I further certify that the follow-
ing is a true and correct copy of a resolution(s), rule(s) or action(s) duly adopted or taken, as the case may be,
by said Executive Committee on February 15 19 95 , and that said resolution(s), rule(s)
or action(s) are on this date in full force and effect, to wit:
"WHEREAS, The Company has entered into a Sales and Purchase of
Property Agreement dated as of 23rd day of November, 1994 (the
"Agreement") with Williams Seafood, Inc., a North Carolina
corporation, with a principal mailing address of Box 454, Engelhard,
North Carolina 27824, covering the sale by the Company of certain
real property, together with improvements located thereon, situated
in the Village of Engelhard, in the County of Hyde, State of North
Carolina;
"NOW, THEREFORE, BE IT RESOLVED, That the execution of the Agreement,
and any and all such documents necessary to consummate the
transaction contemplated in said Agreement, by the President, or any
Vice President, or any Assistant: Vice President, or the Controller
of the Cargill Grain Division, for and on behalf of the Company, is
hprphv rntifipd_ rnnfirmpd and annrnvnri 17
WITNESS MY HAND AND THE SEAL of Cargill, Incorporated, this
February
FORM A-417C REV 9185
19 95
,.-.. /v :`[,,•..:.[_•::,:.ram•`.. -.

40
is*r,?
the ground in the Southwest edge of the 60 foot right of way
of NCSR #1101; running thence North 56 degrees 30 minutes 40
seconds West, along said edge of said right of way, 75 feet
to the point of beginning, containing 0.63 of an acre, more
or less. Said excepted parcel of land is shown on a map
entitled "Map Surveyed for Cargill, Incorporated...", prepared
by David Ross Smith, R. L. S., under date of May 19, 19d9, and
recorded in Hyde County in Book.134 at page 451 which map is
made a part hereof for the purpose of description.
I

15*66
minutes '10 seconds East, Eilong the Northeast line of said
Royden Neal Lot, 205.7 feet to a stake in the eastward corner
of said Royden Neal lot; thence running North 34 degrees 29
minutes 40 seconds East, 190.85 feet to an iron pipe in the
Southwest edge of the 60 foot right of way of North Carolina
State Road No. 1101; thence running North 57 degrees 41
minutes 40 seconds West, along the Southwest edge of the 60
foot right of way of said State Road No. 1101, 222.25 feet to
the point of beginning, containing .9698 of an Acre, more or
less.
This parcel is designated as "Tract No. Two" on said
map.
THIRD TRACT: BEGINNING at an iron stake in the Southwest edge
of the 60 foot right of way of North Carolina State Road No.
1101; better known as the "Quarter Road", located where the
Southwest edge of said road is intersected by the Northwest
edge of the 60 foot right of way of North Carolina State Road
No. 1102, sometimes referred to as "S. J. Gibbs Avenue";
thence running from said beginning point North 57 degrees 35
minutes 40 seconds West, along the Southwest edge of the 60
foot right of',way of North Carolina State Road No. 1101, 102.1
feet to a point; thence running North 56 degrees 30 minutes
40 seconds West, continuing along the Southwest edge of the
60 foot right of way of said road, 166.6 feet to an iron pipe;
thence running South 33 degrees 55 minutes 40 seconds West,
to and along the center of what is known as the Guthrie Ditch,
376.8 feet to an iron pipe; thence running South 67 degrees
20 minutes 20 seconds East, along a row of old fence posts,
290.1 feet to a point in the center of a canal witnessed by
a stake on the Northwest bank thereof and in the Northwest
edge of the 60 'foot right of way of North Carolina State Road
No. 1102; thence running North 31 degrees 07 minutes 40
seconds East, along the Northwest edge of the 60 foot right
of way of said road, 324.5 feet�to an iron stake, the point
of beginning, containing 2.2270 Acres, more or less.
This parcel is designated as "Tract No. Three" on
said map.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED TRACT OF
LAND:
BEGINNING in the Northwardmost corner of the First Tract
described above; running thence South 33 degrees 55 minutes
40 seconds West, ,to and along the center line of a ditch,
376.8 feet to a point evidenced. by an iron pipe set in the
ground; running thence South 67 degrees 20 minutes 20 seconds
East, along the Northeast boundary of the lands now or
formerly owned or claimed by Viola G. Selby and her heirs, 75
feet to a point evidenced by another iron pipe set in the
ground; running thence North 34 degrees 09 minutes 20 seconds
East, 362.7 feet to a point: evidenced by an iron pipe set in

154065
EXHIBIT B
FIRST TRACT: BEGINNING at an iron pipe in the Northeast edge
of the 60 foot right of way of North Carolina State Road No.
1101, sometimes referred to as the "Quarter Road", located at
a point where the Northeast edge of the 60 foot right ,of way
of said road is intersected by the Northwest line of the Frank
Swindell Machine Shop Lot (said beginning point is located
61.2 feet on a course North 57 degrees 41 minutes 40 seconds
West from the intersection of the center line of the Jarvis
Ditch with the Northeast edge of the 60 foot right of way of
North Carolina State Road No. 1101); thence running from said
beginning point North 57 degrees 41 minutes 40 seconds West,
along the Northeast edge of the 60 foot right of way of said
road, 204 feet to a point; thence running North 57 degrees 35
minutes 40 seconds West, continuing along the Northeast edge
of the 60 foot right of way of said road, 132.1 feet to an
iron pipe in the southern corner of what is known as the
Royden Neal Bus Garage Lot; thence running North 33 degrees
22 minutes 20 seconds East, along the Southeast line of said
Royden Neal lot, 180 feet to an iron axle; thence continuing
North 33 degrees 22 minutes 20 seconds East, 6 feet to a stake
in the Southwest edge of Far Creek; thence running South 45
degrees 31 minutes 40 seconds East, along the Southwest edge
of Far Creek, 113 feet to a point; thence running South 60
degrees 00 minutes 20 seconds East, continuing along the edge
of Far Creek, 259.5 feet to a point in the edge of Far Creek;
thence running South 33 degrees 22 minutes 20 seconds West,
92.4 feet to an iron pipe in the Northeast line of the
aforementioned Frank Swindell Machine Shop Lot; thence running
North 57 degrees 41 minutes 40 seconds West, along the
Northeast line of said Machine Shop lot, 33.5 feet to an iron
pipe; thence running South 33 degrees 22 minutes 20 seconds
West, along the Northwest line of said Machine Shop Lot, 85
feet to the point of beginning, containing 1.3870 Acres, more
or less.
This parcel is designated as "Tract No. One" on said
map.
SECOND TRACT: BEGINNING at an iron pipe located in the
Southwest edge of the 60 foot right of way of North Carolina
State Road No. 1101, better known as the "Quarter Road" at a
point where the Southwest edge of the 60 foot right of way of
said road is intersected by the Southeast edge of the 60 foot
right of way of North Carolina State Road No. 1102, sometimes
referred to as the "S'. J. Gibbs Avenue"; thence running from
said beginning point South 31 degrees 07 minutes 40 seconds
West, along the Southeast edge of the 60 foot right of way of
North Carolina State Road No. 1102, 199.25 feet to a point in
the northward corner of a lot shown on said map as "Boyden
Neal"; thence running South 60 degrees 00 minutes 10 seconds
East, along the Northeast line of said Royden Neal tract, 5.4
feet to an iron rod; thence continuing South 60 degrees 00

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ROYDEN
NEAL
100 0 100 200 300
11
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33.5
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1'// MAYNORD
/ MEEKINS
Corner No.I bears N57-41-40W
JI�7 6t.2 toot from the intersection of
c/I of Jarvis Ditch and NE RAYllne
2 ac of N. C. I I O I
22'�J Q RAW
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•�jc/1 of Jarvis Ditch and SW
R/W line of N. C. 1101
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LAND SURVEYED FOR
R.L. G I B BS & ca. Inc.
ENGELHARD
LAKE LANDING TOWNSHIP
HYDE. COUNTY----- N. C.
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15 jou
STATE OF MINNESOTA
COUNTY OF HENNEPIN
1 Allison G. Gunlock , a Notary Public of Hennepin County,
Minnesota, certify that James D. Moe personally appeared before
me this day and acknowledged that ghe is the NedtffA Secretary of CARGILL;
INCORPORATED, a Delaware corporation, and that by authority duly given and as an
act of the corporation, the foregoing instrument was signed in its name by its Control 1 er,
Cargill Grain Division sealed with its corporate seal and attested by�1¢r as
its #V%itA00ySecretary. m
Witness my hand and notarial seal, this the 9th day of February, 1995.
Notary
My Commission Expires:
S;t iI ;t t
January 31, 2000
My
NORTH CAROLINA
HYDE COUNTY
The foregoing certificate of CLO � A �jrm. ➢,�i_ o_., a Notary Public of
Hennepin County, Minnesota, together with her Notarial Seal attached, is 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 Caroline, in Real
Estate Book 153 , at Page roa .
This the.2: day of February, 1995, at qla o'clock, A .m.
This instrument was prepared by:
Cargill, Incorporated
Law Department
P. O. Box 5624
Minneapolis, MN 55440
Mail to: [� FEB 1995
rn
Register of eeds
Hyde County, North Carolina
InclAmd
gs•4,nL•or. Grant-ce 9131

s] r��7. 'I' f ':tstrfi;;es In the Hyd4
Ct:.:nxr
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In Vol. _I5 3-r
QUIT CLAIM DEED r''' . Poa,;lste: a: t' :_:.
STATE OF MINNESOTA, HENNEPIN COUNTY.
THIS DEED, made this rrWf: day of February, 1995, by CARGILL,
INCORPORATED, a Delaware corporation having a principal office at 15407 McGinty
Road West, Wayzata, Hennepin County, Minnesota 55391 ("Grantor") and WILLIAMS
SEAFOOD, INC., a North Carolina corporation, having a mailing address of P. O. Box
454, Engelhard, Hyde County, North Carolina 27824 ("Grantee"), WITNESSETH:
THAT SAID Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
to it in hand paid, the receipt of which is hereby acknowledged, has remised and
released and by these presents does remise, release, convey and forever QUITCLAIM
unto the Grantee, its successors and assigns forever, all right, title, claim and interest of
Grantor in and to that certain parcel of land lying and being in the Village of Engelhard,
Lake Landing Township, Hyde County, North Carolina, and more particularly described
according to a map entitled "Land Surveyed for R. L. Gibbs & Co., Inc...", prepared by
David Ross Smith, R. L. S., dated August 22, 1978, showing magnetic bearing as of that
date, a copy of which is attached hereto as Exhibit A and made a part hereof, as
follows:
See Exhibit B attached hereto and made a part hereof.
To have and to hold the parcel of land and all privileges thereunto belong to the
Grantee, its successors and assigns, free and discharged from all right, title, claim or
interest of Grantor or anyone clairning by, through or under him.
In Witness Whereof, the Grantor has caused this instrument to be executed in its
corporate name by its duly authorized officers and its seal to be hereto affixed by
authority of the Executive Committee of its Board of Directors, the day and year first
above written.
C:ARGILL, INCORPORATED
Ely: vL�L-- LOCI ---
Its: William L. Varner, Controller, Cargill Grain Div.
- T1.ESi:. ,. .. .
AW$V 'r/t' Secretary
[SEAL]
J,
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sraOSE RTH b
N� pLINA �. f Real Estate
t
�P ; Excise Tax

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
April 17, 1997
Certified Mail
Return Receipt Requested
Mr. Sammie E. Williams
P. O. Box 14
Swan Quarter, NC 27885
Dear Mr. Williams:
This letter is in response to your request for a permit under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to fill approximately one-half acre
of coastal wetlands (± 21, 584 sq, ft.) preparatory to the construction of two 50' by 100'
buildings for fast freezing and storage. The project site is located adjacent "Jarvis Ditch", at
the intersection of SR1101 and SR1102, approximately 250' from the shoreline of Far Creek,
in Englehard, in Hyde County.
Processing of your application, which was received on November 25, 1997 and for
which notice of extended review was provided on February 9, is now complete. Based on a
joint state and Federal agency review, the Division of Coastal Management has made the
following findings:
1) The one-half acre of coastal wetlands proposed to be filled is periodically flooded and
is directly connected to Far Creek by Jarvis Ditch;
2) Far Creek has been designated a Primary Nursery Area (PNA) by the Marine Fisheries
Commission. The coastal marsh at the proposed project site provides detritus input,
an important component in the aquatic food chain, to Far Creek.. Wetlands also
function to remove excess nutrients from adjacent waters. Under high water
conditions, these wetlands also provide refuge from predators for juvenile fish and
invertebrates;
3) During the course of the review, six state and Federal agencies directly objected to the
proposal or expressed concern about the impacts;
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -30% RECYCLED/10% POST -CONSUMER PAPER

Mr. Sammie E. Williams
Page 2
April 17, 1998
4) It has been determined that the proposed loss by filling of a half -acre of coastal wetlands
will adversely impact the far Creek PNA;
5) The project proposed has been determined to be inconsistent with the Hyde County Land Use
Plan, in that it strongly supports the Rules of the Coastal Resources Commission, which
prohibit commercial development in coastal wetlands;
6) It has been determined that the project proposal is inconsistent with the following partial
listing of the Rules of the Coastal Resources Commission: a) T15A: 07H.0205(c)
management objective, is to conserve and manage coastal wetlands so as to safeguard and
perpetuate their biological values .... ; b) T15A .07H.0208(a)(1) which states that uses
which are not water dependent shall not be permitted in coastal wetlands; c) .0208 (a)
(2)(A) which states that before granting a permit, there shall be a finding that a project is
consistent with the management objective.
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA and the state dredge and fill law be denied. This denial is pursuant to N.C.G.S. 113-
120(a)(8) which requires permit denial, in any case, the proposal is found inconsistent with the state
guidelines or the local Land Use Plan; and N.C.G.S. 113-229(e)(5) which provides for permit denial
upon finding the proposal may cause adverse impacts to estuarine resources.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request for
a hearing must be in the form of written petition, complying with the requirements of Chapter 150B
of the General Statutes of North Carolina, and must be filed with the Office of Administrative
Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within 20 days from the
receipt of this letter. A copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance
of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.

Mr. Sammie E. Williams
Page 3
April 17,1998
If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-
2293, P. O. Box 27687, Raleigh, NC 27611.
Director
RNS/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

g Division of Coastal Management
Application Processing Notes
Applicant:
Deadline:
Date/Time: Message:
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