Loading...
HomeMy WebLinkAbout165-05 Perdue Farms Incorporated ------------------ Pennit Class Permit Number NEW 165-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission COPY Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 ; }� Issued to Perdue Farms Incorporated, P.O. Box 10,Pantego,NC 27860 �T Authorizing development in Beaufort County at Pantego Creek,429 West Main St., Belhaven , as requested in the permittee's application dated 9/12/05. including the attached workkplan drawings (4) 1 dated 6/3/02 1 dated 9/12/05 1 dated 9/16/05 and 1 dated 11/7/05. This permit, issued on November 21,2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations,special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed 50 ft. x 233 ft., all as expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to alter the dimensions of the area to be dredged shall require permit modification. 2) Excavation shall not exceed -10 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No vegetated wetlands shall be excavated or filled. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. � Ch Ms S. Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees o that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee w Purdue lFarms, Inc. Permit# 165-05 Page 2 of 3 ADDITIONAL CONDITIONS .J 4) The tempor4y placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 5) No excavation shall take place within 20 feet of the southern shoreline of the basin. Spoil Disposal 6) All excavated materials shall be confined to the upland disposal site indicated in the attached permit application. Any proposal to change the location of the disposal site to a location other than the site designated in the application may require permit modification. Contact a Division of Coastal Management Representative at(252) 946-6481 for this determination. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a sediment curtain shall be placed across the barge slip opening during excavation activities, and a 24-hour period after completion of excavation shall elapse prior to sediment curtain removal to prevent unnecessary siltation into the adjacent water body. Shoreline Stabilization 8) The alignment of the permitted riprap shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 9) The alignment of the approved riprap shall not extend more than 2 feet from the normal water level at any point along its alignment. 10) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 11) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. k 5� 7�QCOQOPC?YOa \'G+:=rr?C.Cfi7d+.0, o-}o-ac-to-o-o-x'o-o-ata•: .ce«.a.rx.;oaa�oaaoro-o-o-x«�-c- a:,«.x-o-wa,,.:« .o-oa.N.c...aaa.o- Purdue Farms, Inc. Permit# 165-05 Page 3 of 3 ADDITIONAL CONDITIONS General 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, ,upon due notice from the'Corps of Engineers, to -remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No,.' claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands. Contact the Division of Water Quality at(252) 946-6481 for this verification. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-1842), which was issued on 11/8/05. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 1980000291 (COE Action Id. No. 200610017) which was issued on 10/31/05. �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 22,2005 Perdue Farms Inc. P.O. Box 10 Pantego,NC 27860 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at anytime for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, RIM,& Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Perdue Farms Inc. 2. LOCATION OF PROJECT SITE: Off West Main Street in the Town of Belhaven on a man made basin off Pantego Creek, a tributary to the Pungo River, in Beaufort County, North Carolina. Photo Index - 2000: 116-1467; T-14 1995: 116-1265; H-8; 1989: 2-82-5; H-7 State Plane Coordinates - X: 2,798,300 Y: 813,300 Pantego Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/12/05 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 9/16/05 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Municipal District (B) AEC(s) Involved: PTA, PTS (D) Water Dependent: YES (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing- Grain bins, grain elevator, truck scale,various buildings,barge basin Planned -Maintenance excavation in man made barge basin, rip rap shoreline (G) Estimated Annual Rate of Erosion: unknown 7. HABITAT DESCRIPTION: [AREA] DREDGED EI__LLED 9.TIIE3 (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 11,650 ftz 55 ft2 bar e basin bottom (C) Other ± 1 acre Uplands Spoil disposal (D) Total Area Disturbed: ±1.3 acre or ±55,210 (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Perdue Farms Inc. Pantego Creek Beaufort County Project Setting The project site is located at 429 West Main Street in the Town of Belhaven on a barge slip off Pantego Creek, a tributary to the Pungo River, in Beaufort County, North Carolina. The project site is fully developed as a facility for the shipping and storage of agricultural related commodities. The site also receives gravel rock, lime and other aggregate for businesses located in, around and east of Belhaven. The site is dominated by six large grain bins with four grain elevators. There is a gravel/asphalt drive and scale for trucks delivering locally grown grain to the facility. There is a railroad spur also on the site. The entire area is covered with impervious surface, either under roof or covered with asphalt and gravel. The barge slip dimensions are ±100' wide x ±300' long. The west side of the barge slip is stabilized with a metal sheet pile bulkhead. While loading and unloading, barges moor to the sheet pile bulkhead. The east side of the barge slip is not stabilized with an erosion control structure, as the adjacent property on the east side is not developed. The landward end of the barge slip is partially stabilized with a wooden bulkhead. Water depths in the barge slip range from 15' deep at the confluence with Pantego Creek to 3' at the landward end. Average water depth in the barge slip is approximately 5.5'. The access channel to the barge slip in Pantego Creek has water depths ranging from 12' to 14' deep. Pantego Creek in the vicinity of the project site is classified as SC-NSW by the Environmental Management Commission and Inland Waters by the Wildlife Resources Commission. This area is closed to shell fishing. Project Description The applicant reports difficulty in loading and unloading barges due to the shoaling in the barge slip that has occurred over time. Loaded barges draft approximately 8'. The applicant proposes to undertake maintenance excavation in an area in the barge slip 5.0' wide x 233' long to a final depth of 10' below the Normal Water Level (NWL). The excavation is to be undertaken with a long reach excavator or dragline placing the material in a closed body dump truck to be hauled offsite to a prescribed upland location. The applicant proposes to deploy a sediment curtain across the barge slip opening during excavation activities. The applicant also proposes to place riprap along and above the NWL at the landward end of the barge slip for shoreline stabilization. Anticipated Impacts The project will excavate 11,650 ftZ of bottom in the barge slip. The shoreline stabilization will fill approximately 55 ft2 of bottom in the barge slip. Steve Trowell—Washington Regional Office—22 September 2005 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Belhaven, N. C. 1. APPLICANT c. Street address or secopdary road number _ 429 West Main Street a. Landowner: Perdue Farms Incorporated d. Is proposed work within city limits or planning Name jurisdiction. X Yes No Address P. 0. Box 10 e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pantego Creek City Pantego - State N. C Zip 27860 Day Phone 252-943-3061 3. DESCRIPTION AND PLANNED USE Fax 252-943-3604 OF PROPOSED PROJECT b. Authorized Agent: Name Perdue Farms Incoroprated - Attn: a. List all development activities you propose (e.g. Wayne Black building a home, motel,marina,bulkhead,pier,and excavation and/or filling activities. P. 0. Box 460 Address Excavation (Maintenance of Barge Slip) Rock Bulkhead on Shorline City Lewiston State N. C. Zip 27849 Day Phone 252-348-4326 b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance Fax 252-348-4355 c. Will the project be for public,private or commercial use? Private Industry c. Project name (if any) Perdue Farms Incorporated Barge Slip Maintenance d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach ` " lsusued'n�'�`Oflm�dawn+rr(a)' �/�� additional pages. Installation of rock break- project name. water at shoreline of barge slip to revent erosion. Maintenance excavation of barge slip to accomo ate outgoing loadec 2. LOCATION OF PROPOSED grain barges & incoming barges lo-a ed PROJECT with lime/rock material. Maintenance excavation of barge slip will employ the use of an extended reach excavator and/or a. County Beaufort dra line to be performed from Per ue property. Dimensions of excava ion area are to be 233 by 50 to a depth of 10 feet. Sediment curtain to be deployed at mouth of barge slip to prevent colloidal solids dispersion. Excavated material to be Reed�1� removed from site. Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER Septic Tank System CHARACTERISTICS a. Size of entire tract 3.353 acres n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Storm water run off only — Grain N)WL 2 - 3 feet Receiving and Storage Facility d. Solt type(s) and texture(s) of tract o. Describe existing drinking water supply source. Altavista - Fine Sandy Loam with Clay Town of Belhaven/Bottled Water e. Vegetation on tract Opportunistic Weeds in rocked and paved areas f. Man-made features now on tract Grain Receiving and storage face i y 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consult the local land We pl-.) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural X Other(Municipal other instrument under which the applicant claims title District) to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Not zoned/ N/A forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No N/A (Anach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by I white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes X No Engineers regarding that agency's use of larger Coastal (mom) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Attach doaowrnwhon, if available) guide agency personnel unfamiliar with the area to the Revised 0315 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge,the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name John M. & Barbara Voliva I certify that I am authorized to grant, and do in fact, Address PO Box 2693 - Winterville, NC 28590 grant permission to representatives of state and federal Phone 252-531-6518 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Tennessee Valley Resources permit application and follow-up monitoring of the Address PO Box 617 - Jefferson City, T37760 project. Phone 1-800-523-4911 I further certify that the information provided in this Name William B. Voliva application is truthful to the best of my knowledge. Address 1929 A Quail Ridge Rd. - Greenville, Phone 252-531-6518 NC 27858 This is the 12th day of Sept. 2005 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, print Name Perdue Farms I n c r o p o r a t e d permittee, and issuing dates. Signature � �-_ ti N/AImdo*wr-or-AuthtyrtT�vlaenr AX Please indicate attachments pertaining to your proposed • A check for made payable to the Department of project Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the X DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development DCM MP-4 Structures Information • A signed AEC hazard notice for projects in = DCM MP-5 Bridges and Culverts oceanfront and inlet areas. — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Ad (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 1,400 fill activities. All values to be given in reef. b. Type of material to be excavated _Silt and Sand Average FbW Existing "ed c. Does the area to be excavated include coastal tAngtb Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes x No channel (MLW) or(NWL) d. Highground excavation in cubic yards N/A Average Barge 233' 50, 1 _ g 10, Range 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area Armstrong, Inc. Boat Beach Ridge Road ramp b. Dimensions of disposal area Approximately 1 acre. Rock groin c. Do you claim title to disposal area? Yes x No Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? x Yes No (Excluding If yes, where? Armstrong, Inc. same as shoreline above. stabilization) Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes x No water (2) Dimensions of fill area f. Does the disposal include any area in the water? yes x No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead __X_Riprap (2) Purpose of fill b. Length 55 feet c. Average distance waterward of MHW or NWL 1 — 1 2' 5. GENERAL d. Maximum distance waterward of MHW or NWL - 2 ' a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? No fill material needed Minimal to moderate excavated material to be removed from site, (svu.ce of j,,f,7wd0n) Site Personnel and be taken to Armstrona, Inc. to be used as fill. (graded, sloped, seeded) f. T e of bulkhead or riprap material Riprap �uarried Rock b. What type of construction equipment will be used (for example, dragiine, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Extended Reach Excavator and/or (1) Riprap 1.02 draaline (2) Bulkhead backfill N/A c. Will wetlands be crassed in transporting equipment h. Type of fill material N/A to project site? Yes x No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material N/A - Protect existing shoreline only 4. OTHER FH L ACTIVITIES Perdue Farms Inc. Applimut or Prof (Excluding Shoreline Stabilization) N/A F Q. 1A,.t Ar a. Will fill material be brought to site? 9-l a_ aooS _ Yes No Date Revised 03195 Plan View of Barge Slip-Belhaven Grain Facility Proposed Maintenance Excavation Scale: 1" = 30' Date- 9/12/2005 Drawn by: Wayne Black Perdue Farms Incorporated LEGEND X Denotes existing water depth _ — — - Details area where proposed Cross-section(A) Map excavation will take place in barge slip. Voliva Property Matchline A-Connecting Depths ` — Access Channel WL Proposed Rock Bulkhead \N J - - - - - - - - - - - - —� - - X- - xll,g„ X i119; x-3'L� —X410' —x 5, 4,6, 5,6, 2„ 9,4„ „ x „ X x , „ r X /X 9T, 3—c 12'8" X 15'2" X 1 1'8" X 53 56 74 66 111'2"1 I X I J X 7,2„ X 8, X g,5„ 1 x �t t 5,8„ x _ 15'8" x 16'8" l,g„ x 6+ 11'8" 10.00' 50.00' X 1 2,8„ X 6,2„ X T6„ X 77' \X4„ --f X10'S"X IS'8" x 104" x 15,8„ e Existing*ood Bulkhead 5 8„ 7 2" — — 9,4„ 14'8" 14'8" X 1 3,3„ x X x 7+g++ ,� R,2„ x X X 15'6" x X 13 2„ 5 2 7' \ 72" /x�8' 9,1" X 11+6 X 14'8" x 15,8„ - - - - - _X - - - - - - - - - `�C - - - - - - Power (D. _ExistingBarge Q Q 0 0 \ 0 Pole Mooring Poles y I Existing Steel Sheeting Bulkhead Barge Spout Barge Puller g —p Gravel Drive Gravel Drive ExistingConcrete Grain Bi 5(!On Grain a for Rip Rap Shoreline O Grain Dryer Fuel Storage P P Existing Access Channel Depths 1" =30' Channel Marker Pantego Creek X X X X 14'2" 12' 13-6" 13'8" X X X X 14'6" 12'4" 13' 14' Matchiine A Cross-Section (A) Map Belhaven - Barge Slip Maintenance Excavation Not to Scale Date: 9. 16. 2005 Drawn by: WB Perdue Farms Incorporated Existing N W L Sheet Metal Bulkhead Joliva Property Average Depth 5' 5" / Existing Grade 7— Area/to be X/Cavate`d .Final PrWiect Depth /10 / / / Approx.75 41qq I9 N I9 m CTI F� N N Cross-Sectional of Shoreline Stabilization Belhaven - Barge Slip MaintenanceLn N Not to Scale Date: 11.7.2005 p w Drawn by: CWB Ln Perdue Farms Incorporated Riprup Sabifiadoa (Leagt6:ApproL SO feet) m 7U (width: Appm,"feet) r' c A9a=imum Distance Wa mard:2-3 feet m Sbereiine 7U 3 (n H Z 0 NWL 60-t' Perdue Farms Landward End of Barge 8111p v D m m N DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Perdue Farms,Inc. County: Beaufort County LOCATION OF PROJECT: Off West Main Street in the Town of Belimven on the-man- made basin off Pantego Creek, a tributary to the Pungo River in Beaufort County,NC jo DATE APPLICATION RECEIVED COMPLETE BY FIELD: 16 Se tOmber ✓ FIELD RECOMMENDATION: ATTACHED P ! 0 2005 CONSISTENCY DETERMINATION: A#y DCM FIELD REPRESENTATIVE: Steven J. Trowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW:T4�216'-VL�j B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 PUBLIC NOTICE REC'D: 0912 OS ✓ END OF NOTICE DATE: U 1 ✓ ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: Meat mot- ON: XR4 tyyyor C) 75 DAY DEADLINE:jd3QA6&DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management-Regional representative Coastal Management-LUP Consistency { Determination Division of Community Assistance ✓ �o�11�U n Land Quality Section , 3�o ✓ Sri' Division of Water Quality / 6r(-3g00 �c+r Storm Water Management(DWQ) �'�� ,/ �7xe"- � State Property Office Division of Archives&History i D 2I10�; V Division of Environmental Health M ldol;*� Division of Highways lc�I'1�vSr Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) ✓ ,AA (mv(•1 Permit # �' DCM Coordinator: mu` MAILING DISTRIBUTION: n (� Permitee: feJ �l'1hS 1.✓1(i,, C� �,./A�f��-""� 1 Agent: DCM Field Offices: E ' i in o Wilmington US Army Cor s of Engineers(USACE): ' ton: Mike Bell(NCDOT) Bill Biddlecome(N T) Raleig lan Wilmington:' Dave Timpy(NCDOT) Henry Wicker O er - ultural Resources: CHennessy dhill-E rl Environmental Health: rc Marine Fisheries: � NCDOT: Shellfish Sanitation: lgr� State Property Office: endersocL Vater uali roly(for non-DO nessy ildlife Resources: Maria Tri . StWL Evtrkgr� David Cox(NCDOT) /J Travis Wilson(NCDOT) LPO: FACING DISTRIBUTION: Permitee at /� Agent at W4"B14 c, DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAN-IA Major Permit Process Manual Page 70 of 70 O�pF W A TF, Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality November 8, 2005 DWQ Project#05-1842 Beaufort County Perdue Farms, Inc. P.O. Box 10 RECF;I\/FrPantego,NC 27860 NOV 0 Z005 Subject Property: Perdue Farms, Inc.Barge Slip Maintenance DMOKWIALMNNAW 1 Pantego Creek[030307, 29-34-34-(2), SC,NSW] PAEO Approval of 401 Water Quality Certification(GC3400)with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions,to place fill material within or otherwise impact 0.00126 acres of non-vegetated wetlands to perform maintenance to a barge slip as described in your application received by the Division of Water Quality(DWQ)401 Oversight/Express Review Permitting Unit on September 29,2005. After reviewing your application,we have determined that the Division of Water Quality(DWQ)General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to) erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Non-Vegetated Wetlands 0.00126 (acres) DCM—Field Investigation Report One arolina 401 Oversight/Express Permitting Unitll�llCQl�j� 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:httn://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/l0%Post Consumer Paper Perdue Farms,Inc. Page 2 of 2 November 8,2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6 81. Sinc , Alan W. Klimek, P.E. AWK/ijm "�k Enclosures: GC 3400 Certification of Completion cc: Wayne Black,Perdue Farms, Inc.,P.O. Box 460, Lewiston,NC 27849 Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Filename: 05 l 842PerdueFarmsBargeS IipMaint(Beaufort)CAMA RE:Perdue Farms and Early Ray Godfrey Subject: RE: Perdue Farms and Early Ray Godfrey From: 'Bland,Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.army.mil> Date: Tue, 1 Nov 2005 08:11:35 -0500 To: 'Rich Weaver" <Rich.Weaver@ncmail.net> Perdue Farms Belhaven AID No. 200610017 GP 1980000291 310ct2005 I am working on Godfrey. It is a Tier 3 and required me to prepare an EA. I should get you the CL31 (conditions) today, but need a copy of the 401. Could you please FAX me a copy of the 401? Thanks! ! -----Original Message----- From: Rich Weaver [mailto:Rich.Weaver@ncmail.net] Sent: Monday, October 31, 2005 11:23 AM To: Bland, Raleigh W SAW Subject: Perdue Farms and Early Ray Godfrey hey buddy, Perdue Farms, and Earl Ray Godfrey are just about ready to go once you can find time to look them over and send me your comments. Thanks Raleigh Rich 1of1 1111105 8:41 AM 0� W A 7 FR Michael F.Easley,Governor I,' ip aQG William G.Ross Jr.,Secretary 0 1 1 North Carolina Department of Environment and Natural Resources N _ a " —i Alan W.Klimek,P.E.Director Division of Water Quality October 28,2005 Mr.Wayne Black NOV 0 2 Z005 Perdue Farms Incorporated PO box 460 Lewiston,NC 29'M � "-)rehead City DCM 2 s4� Subject: EXEMPTION from Stormwater \ Management Permit Regulations T CAMA—Dredge existing barge slip Perdue Farms Inc.Barge Slip Maint Stormwater Project No.SW7050942 Beaufort County Dear Mr.Black: The Washington Regional Office received a copy of your CAMA application for your proposed pier project named Hurricane Boat Yard Marina on September 28, 2005. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the subject site,prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality,the Division of Land Resources,Coastal Area Management Act or any other Federal,State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any lestions or need additionw information concerning this lC'lrrrter,please contwd!Trie at(232')948-3934. Sincerely, Amy L.fvInklin Environmental Engineer Washington Regional Office cc: ViKoug Huggett,DCM—Morehead Purdue Farms,Pantego Washington Regional Office Central Files No e hCar 11vatun North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet: h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal OpportunitylAffirmabve Action Employer—50%Recycledh 0%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett Major Permits Processing Coordinator FROM: Fred Landa, Washington District Planner a DATE: October 13, 2005 RE: Major Permit Application request by Perdue Farms, Inc. The applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. The project site is located off West Main Street in the Town of Belhaven on a manmade basin off Pantego Creek, a tributary to the Pungo River, in Beaufort County,North Carolina. LUP CONSISTENCY DETERMINATION The proposal is consistent with and not in conflict with the Beaufort County, NC 1997 Land Use Plan certified by the CRC on November 20, 1998. PROJECT SUMMARY The project site is located off West Main Street in the Town of Belhaven on a manmade basin off Pantego Creek, a tributary to the Pungo River, in Beaufort County. The project site is fully developed as a facility for the shipping and storage of agricultural related commodities. The site also receives gravel rock, lime and other aggregate for businesses located in, around and east of Belhaven. The site is dominated by six large grain bins with four grain elevators. There is a gravel/asphalt drive and scale for truck deliveries. There is a railroad spur on site. The entire site is covered with impervious surface, either structural or covered with asphalt and gravel. The barge slip is 100' wide x 300' long. The west side of the barge slip is stabilized with a metal sheet pile bulkhead. The east side of the barge slip is not stabilized with an erosion control structure, as the adjacent property on the east side is not developed. The landward end of the barge slip is partially stabilized with a wooden bulkhead. Water depths in the barge slip range from 15' deep at the confluence with Pantego Creek to 3' at the landward end. Average water depth in the barge slip is approximately 5.5'. The access channel to the barge slip in Pantego Creek has water depths ranging from 12' to 14' deep. The applicant cites difficulty in loading and unloading barges due top the shoaling in the barge slip that has occurred over time. Loaded barges draft approximately 8'. The applicant proposes to undertake maintenance excavation in an area in the barge slip 50' wide x 233' long to a final depth of 10' below the Normal Water Level (NWL). The material would 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper be hauled offsite to a prescribed upland location. The applicant proposes to place riprap along and above the NWL at the landward end of the barge slip for shoreline stabilization. Anticipated impacts: The project as proposed would excavate 11,650 ft2 of bottom in the barge slip. The shoreline stabilization would fill 55 ftz of bottom in the barge slip. Areas of Environmental Concern (AEC): AECs impacted by the proposal include Public Trust Area and Public Trust Shoreline. The water classification is SC-NSW and is not open to the harvesting of shellfish. The area is not a Primary Nursery Area. The Beaufort County Land Classification Map designates the area encompassing the subject property as `Municipal Districts'and the AECs as "Conservation". Applicable or related policy in the Land Use Plan relies on the Division of Coastal Management through the major permitting review process: "Ensure that all land development plans within AECs have evaluated all possible alternatives to controlling pollution, erosion, natural barrier impacts, limiting drainage, and reducing other potentially negative impacts related to land use activities. " (C. Resource Protection Policy Statements; Residential, Commercial, and Industrial Development Impacts on Resources (i),pg. IV-17) Cc: John Thayer, Manager of Planning and Grants 2 .�SrATE o� V State of North Carolina Department of Environment and Natural Resources , Washington Regional Office ,0� 4 0^i'! Michael F.Easley,Govemor William G. moss,Jr.,Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION September 29, 2005 Perdue Farms, Inc. ATTN: Mr. Wayne Black Post Office Box 460 Lewiston-Woodville, North Carolina 27849 RE: Perdue Barge Slip Drainage Basin: Tar-Pamlico Beaufort County Dear Sir: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land4sturbin acavi, of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty(30)days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available_ 2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc. 943 Washington Square Mall,Washinaron, North Carolina 279K- Telephone 25c-945-54F'. 371 An Equal Opportuniry Employee- 50%recycieC'10,Dos--=ns,:7ier DZe ti _i �,� J Perdue Farms, Inc. ?7' ATTN: Mr. Wayne Black 'a � September 29, 2005 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. �4V 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin,unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment and Natural Resources, is included. The amount of the fee is based on$50 for each whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000 initially plus $5000 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, Patrick H. McClain, P.E. Regional Engineer PHM: Enclosures cc: Doug Huggett, Division of Coastal Management Steve Trowell, Division of Coastal Management ti North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr,, Secretary MEMORANDUM TO: Mr. Pat McClain/James Simmons RESPOND TO: DOUG HUGGETT Division of Land Quality Coastal Management Division 400 Commerce Avenue FROM: Doug Huggett Morehead City NC 28557 Major Permits Processing Coordinator COURIER NO. 11-12-09 DATE: 27 September 2005 SUBJECT: CAMA Application Review PP APPLICANT: Perdue Farms, Inc. ores OQS PROJECT LOCATION: Beaufort County / � 1"v/Aw PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the 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 Date teCaroauralinlly 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanaaement.neN North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross,Jr., Secretary MEMORANDUM RESPOND TO: DOUG HUGGETT TO: Mr. Lee Padrick Coastal Management Division Division of Community Assistance 400 Commerce Avenue Morehead City NC 28557 FROM: Doug Huggett COURIER NO. 11-12-09 Major Permits Processing Coordinator DATE: 27 September 2005 SUBJECT: CAMA Application Review APPLICANT: Perdue Farms, Inc. PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220etober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _L,--'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,G� !1� Date NO°` Carolina Naturally 943 Washington square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 V Internet www.nccoastalmanaaement,net/ ' y,canes North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Patti Fowler v� NCDENR RESPOND TO: DOUG HUGGETT Division of Environmental Health Coastal Management Division 400 Commerce Avenue FROM: Doug Huggett Morehead City NC 28557 Major Permits Processing Coordinator COURIER NO. 11-12-09 DATE: 27 September 2005 O Q SUBJECT: CAMA Application Review OCT ` 7 2a APPLICANT: Perdue Farms, Inc. SHELLFISH SMMRATION PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the 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#//���-, ti J V le I Date Sp2 ; M SHELLFISH SANITATIO"J Np Carolina Naturall 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanaaement.net/ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Joe Henderson NC Department of AdministrationAL � RESPOND TO: DOUG HUGGETT State Property Office Coastal Management Division 400 Commerce Avenue FROM: Doug Huggett Morehead City NC 28557 Major Permits Processing Coordinator COURIER NO. 11-12-09 DATE: 27 September 2005 SUBJECT: CAMA Application Review p C T 0 7 2005 , APPLICANT: Perdue Farms, Inc. PROJECT LOCATION: Beaufort County Morehead City DCM PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY ✓ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the _f attached comments. Signed - Date �U 3 One Nt,�Carolina dvaAura!!y 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 4 Internet:www.nccoastalmanacement.nett OCT-13-2005 14:22 From:NCDOT WRSH 252 946 7433 To:4 P.2/2 -A(14 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Ken Pace � I RESPOND TO: DOUG HUGGETT NCDOT, Coastal Management Division State Construction/Materials Branch 400 Commerce Avenue Morehead City C 28557 FROM; Doug Huggett COl?RTER NO. 1.1-1.2-09 Major Permits Processing Coordinator DATE-. 2'7 Sep tember 2005 P�� '1 SUBJECT; LAMA Application Review OCT 9 2M5 APPLICANT; Perdue Farms, Tnc, 01V- OF HIGHWAYS PROJECT LOCATION: Beaufort County DIVISION 2, 131ST. 1 PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005, Please contact Steven J. Trowell at 252-948.3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the 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 '►�, eCb_� bate o '�' ,NAtlllYlllf/a 943 Washington Square Mall,Washington,North Carobs 27869 Phone.252.948.8481 l FAX 262.94 -0478 1 Internet www naaoeatalmanaaament rev cwsrae � r North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Preston Pate, Jr./Mike Street RESPOND TO: DOUG HUGGETT Director Coastal Management Division Division of Marine Fisheries 400 Commerce Avenue Morehead City NC 28557 FROM: Doug Huggett COURIER NO. 11-12-09 Major Permits Processing Coordinator DATE: 27 September 2005 D SUBJECT: CAMA Application Review SEP 2 9 APPLICANT: Perdue Farms, Inc. PROJECT LOCATION: Beaufort County D M F-H A B I TAT PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220etober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY V 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 Sri,., gct'e Date N�hCarolina Aatura!!y 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.necoastaimanaaement.net( 0 co�u rA, North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Maria Tripp NC Wildlife Resources Commission o�1 2 3 4,56 FROM: Doug Huggett ti OCT Major Permits Processing Coordinator RECEIVED HaNDATE: 27 September 2005 �, Corawation SUBJECT: CAMA Application Review APPLICANT: Perdue Farms, Inc. PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the 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 1 Date I2-A" u)L)s NpO°,�Oct�Carolina Naturally 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.ncooestalmanacement.netl M,w 1?.- f North Carolina Department of Environment and Natural Resources Division of Coastal Management `W�=Qr4F RM, Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Renee Gledhill-Early 1 NC Department of Cultural Resources U..J RESPOND TO: DOUG HUGGETT Archives & History Building � Coastal Management Division 400 Commerce Avenue FROM: Doug Huggett Morehead City NC 28557 Major Permits Processing Coordinator COURIER NO. 11-12-09 DATE: 27 September 2005 0 10/-7/0 a SUBJECT: CAMA Application Review 16A APPLICANT: Perdue Farms, Inc. L4-t2I::f PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attac ed comments. Signed Date 10- to?- One S Nfq,�Carolina Naturally 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanaoement.net/ SEP 3 0 2005 2C051842 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael R Easley, Governor Charles S. Jones, Director William G. Ross,Jr., Secretary MEMORANDUM fi—fMs. Cyndi Karoly RESPOND TO: DOUG HUGGETT Env. Biological Supervisor Coastal Management Division Division of Water Quality, Wetlands Unit 400 Commerce Avenue Morehead City NC 28557 F M: Doug Huggett COURIER NO. 11-12-09 Major Permits Processing Coordinator DATE: 27 September 2005 SUBJECT: CAMA Application Revie RECEIVED �19@rgowgj PP NOV 10 2005 SEP 2 9 2005 APPLICANT: Perdue Farms, Inc. lAL MN '► �� olV.OF COAS DENR-WATER QUALITY PROJECT LOCATION: Beaufort County RALEW *rLqOsANo STATER ffWCH PROPOSED PROJECT: Applicant proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap. Please indicate below your position or viewpoint on the proposed project and return this form by 220ctober 2005. Please contact Steven J. Trowell at 252-948-3954, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended hanges are incorporated. See attached. s office objects to the proposed project for reasons described in the ched comments. r I Signed DateV JL6 1 L NO°` Caro�' a �atar S 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.ncooestalmanaaementnet/ MEMORANDUM TO: Doug Huggett FROM: Steve T;owell THROUGH: Terry Moore-57" DATE: 26 September 2005 SUBJECT: Major CAMA Permit Application for Perdue Farms Inc. This memo is in regards to the Major CAMA Permit Application submitted by Perdue Farms Inc. for maintenance excavation of an existing barge slip, and riprap shoreline stabilization on site the applicants property located at 429 West Main Street in the Town of Belhaven on Pantego Creek, a tributary to the Pungo River,in Beaufort County,North Carolina. During an onsite meeting I heard testimony regarding the grounding of barges in the slip and the amount of effort required from tugs to free them. Although I have not personally witnessed these efforts, I am confident that bottom sediment(s)are being deposited offsite resulting in unnecessary impact(s)to the immediate area. The project exceeded the maximum allowable depth conditioned in CAMA General Permit 7H.1500. For these reasons as well as the presence of supporting depths in the access channel I recommend issuance of the permit as proposed. I recommend that the permit be issued with the standard conditions including a condition requiring use of a sediment curtain during excavation activities. I also recommend that no excavation is to be undertaken within 20' of the normal water level on the south side of the basin. This should be done to prevent undermining of the bank assuming that the side slopes of the area to be excavated will not be flatter than 2': 1'. 1 ' r PERDUE FARMS INCORPORATED P.O.Box 460,Lewiston Woodville,NC 27849 Home Office:252 348 4200 _ September 10, 2005 Hand Delivered N.C. Division of Coastal Management Attn: Mr. Steve Trowell NCDENR 943 Washington Square Mall Washington,North Carolina 27889 Subject: Perdue Farms Incorporated Belhaven Grain Facility/Belhaven,N.C. Barge Slip Maintenance Project Dear Mr. Trowell: Perdue Farms Incorporated is requesting a permit from the N.C. Division of Coastal Management to perform necessary maintenance to our barge slip, located at our grain facility in Belhaven. The current water depths in the access channel to the existing barge slip average thirteen(13') feet;however,the existing water depth of our slip itself cannot accommodate the draft required for loaded barges. The decreased water depths are a result of materials being deposited during storms and other tidal events. This has lead to build up from the landward end out in the barge slip. The decreased depth inhibits the proper loading of barges and also presents the problem of the barge becoming grounded in the slip due to its cargo. We are seeking to obtain approval that will allow us to excavate the area outlined in the permit application to a depth of ten(10')feet, which will allow adequate draft for the loaded barges. We will accomplish this excavation with the use of an extended reach excavator and/or dragline, with all work being performed from Perdue property. The excavated material will then be hauled off-site to a high ground location by use of a closed body dump truck. In addition to the maintenance excavation, we are also proposing to rock the shoreline of the barge slip to assist in preventing erosion from landward sheet flow and drainage. Please find enclosed the permit application, attachments, and the required fee. We hope this meets with your approval and if you should have any questions regarding this permit application please contact me at 252-348-4326. Sincerely, Wayne Black,REM,REPA Senior Environmental Manager Enclosures/: Application, Plot plan, adjacent landowner letters w/return receipts, Property Deed, Site/Vicinity Map SEF'-t37 -'23as 04 :08 Prt r PMSTRONG, INC. 252 943 3308 r•. eii Armstrong Inc PO Box 96 Pantego,NC 27860 (252)943-2082 Phone (252)943-3308 Fax Sept+crnber. 7,2005 Wayne Black Perdue Farms, Inc PO Box 10 Pantego,NC 27860 RE: CAM1A Permit Belhaven Facility Barge Slip Maintenance To Whom It May Concern: Armstrong, Ina. located on Beech Ridge Road,Pantego,NC, has agreed to me cive the spoil that has been excavated during the work at the Belhaven Barge Facility. 'rUs material will be an estimated 1630 cubic yards, We have designated the disposal area of approximately l acre and this material will be used m till in the future. If you should have any yueations,please contact me at(252)943.2082 Sincerely, 'Fink Armstrong d' President/Owner/CEO 27 September 2005 WASHINGTON DAILY NEWS Post Office Box 1788 Washington,NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 29 September 2005 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3812. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit,an original copy of the published notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL, SERVICE CENTER RALEIGH,NC 27699-163 8 Thank you. Sincerely, Sandra Gordon Secretary,Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b)that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 16 September 2005.According to the said application, Perdue Farms, Inc., applicant, proposes to conduct maintenance excavation in an existing barge slip and stabilize the landward end with riprap, at property located off West Main Street in the Town of Belhaven on the man-made basin off Pantego Creek,a tributary to the Pungo River in Beaufort County,NC in Beaufort County,North Carolina.A copy of the entire application maybe examined or copied at the office of Terry Moore,943 Washington Square Mall,Washington, NC during normal business hours. Comments mailed to CHARLES JONES,DIRECTOR,COASTAL MANAGEMENT DIVISION, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, 400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 24 October 2005 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 29 September 2005 in the Washington Daily News for the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL MANAGEMENT DIVISION. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Govemor Charles S.Jones, Director William G. Ross, Jr., Secretary 27 September 2005 Mr. Wayne Black, Senior Environmental Manager Perdue Farms, Inc. Post Office Box 10 Pantego,NC 27860 Dear Mr.Black: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off West Main Street in the Town of Belhaven on the man-made basin off Pantego Creek, a tributary to the Pungo River in Beaufort County, NC. It was received on 16 September 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is 30 November 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. 1f this agency does not render a permit decision. within 70 days from the 16 September 2005, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be field within five working days from the receipt of your written request and shall include the prqperty owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 943 Washington Square Mall,Washington,North Carolina 27889 NoehCarolina Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neY Vatura!!y An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Wayne Black 27 September 2005 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Steven . rowell Coastal Management Representative Division of Coastal Management Washington Regional Office Steven I Trowell Enclosure c: Doug Huggett Terry Moore, District Manager a� AMA ERMIT Appi I � r PROJECT: ✓ice.ice✓ ,./i. ���� . � /� � �� � � �.� _%��/✓��� ,mot. a,,4 ���✓1� ��! 1�L1i.��.1�.� COMMENTS ACCEPTEDTHROUGF-1 • ' ' • FOR • . D ' • • LOCAL • R • • PERDUE FARNIB INCORPflrRKI ED P.O.Box 460,Lewiston Woodville,NC 27849 Home Office:252 348 4200 ............... August 31, 2005 Certified Mail: 7002 3150 0004 4481 6634 Return Receipt Requested William B. Voliva John M. and Barbara Voliva 1929 A Quail Ridge Road Greenville,North Carolina 27858 Subject: Perdue Farms Incorporated Belhaven Grain Facility/Belhaven,N-C. Barge Slip Maintenance Project/CAMA Permit Dear Sir/Madam: Perdue Farms Incorporated is actively pursuing a permit from the N.C. Division of Coastal Management to perform necessary maintenance to our barge slip, located at our grain facility in Belhaven. The existing water depth of our slip cannot accommodate loaded barges. We are seeking to obtain a CAMA permit, which will allow us to excavate the area outlined in the permit application to a depth of ten(10) feet. You have recently received an affidavit to be signed, which is part of the general permit process. This permit would only allow us to excavate to a depth of six(6) feet,which would not fully meet the requirements for the barges. It is our intent to start excavation under the general permit process and continue to the desired depth of ten(10) feet under the CAMA Permit, upon its approval. Per the CAMA permit application process, we are forwarding you a copy of our permit application and its attachments. Please review the enclosed materials and within thirty(30) days, submit any comments you may have on the proposed project to the following address: Division of Coastal Management Washington Regional Office 943 Washington Square Mall Washington,North Carolina 27889 Telephone: 252-946-9481 i thank you for your time and if you should have any questions regarding this letter or its attachments please contact me at 252-348-4326. Sincerely, Wayne Elack, K uPA Senior Environmental Manager -GERTIFIED MAIL, RECEIPT rn ,.a (Domestic-AW No Insurance Covekage Provided) �o Postage $ Certified Fee j OO Return Reciept Fee �`; w Postmark (Endorsement Required) f:. Here 0 Restricted Delivery Fee 1 V"I (Endorsement Required) Total Postage Fees ru a. - p Sent To i r V - [reef Apt.No.; or PO Box No. Via--- - a City,State,ZIP+4 r,-o �e C -9 9 ,pox_ SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DEUVERY ■ Complete items 1,2,and 3.Also complete A. Signatur item 4 if Restricted Delivery is desired. X ❑Agent_. ■ Print your name and address on the reverse M-A66'ressee so that we can return the Card to you. S. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, `2,L`�or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No William B. VOliva John M. & Barbara Voliva 1929 A Quail Ridge Road Greenville, N. C. 27858 3. Service Type 0 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 77002 3150 0004 4481 6634 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 e PERDUEFARMS INCORPU2iA�ES3 P0.Box 460,Lewiston Woodville,NC 27849 Home Office 252 348 4200 August 31, 2005 Certified Mail: 7002 3150 0004 4481 6627 Return Receipt Requested Tennessee Valley Resources Post Office Box 617 Jefferson City, Tennessee 37760 Subject: Perdue Farrns Incorporated Belhaven Grain Facility/Belhaven,N.C. Barge Slip Maintenance Project/ CAMA Permit Dear Sir/Madam: Perdue Farms Incorporated is actively pursuing a permit from the N.C. Division of Coastal Management to perform necessary maintenance to our barge slip, located at our grain facility in Belhaven. The existing water depth oa our slip cannot accom -odate loaded barges. We are seeking to obtain a CAMA permit, which will allow us to excavate the area o utli ned in the_per-mi*app on-to-a depth-cf term(10)feet. You have re"-ntly received an affidavit to be signed, which is part of the general permit process. This permit would only allow us to excavate to a depth of six(6) feet, which would not fully meet the requirements for the barges. It is our intent to start excavation under the general permit process and continue to the desired depth of ten(10) feet under the CAMA Permit, upon its approval. Per the CAMA permit application process, we are forwarding you a copy of our permit application and its attachments. Please review the enclosed materials and within thirty (30) days, submit any comments you may have on the proposed project to the following address: Division of Coastal Management Washington Regional Office 943 Washington Square Mall Washington,North Carolina 27889 Telephone: 252-946-9481 I thamk you for your time and if you should have any question regarding this letter or its attac'aments please contact me at 252-348-4326. Sincerely, Wayne Black,REM_REPA Senior Environmental Manager ru • F iu ? l Y Postage $ CbC,' p Certified Fee c p Return Reciept Fee US` P sios,), (Endorsement Required) Herd—'/) p Restricted Delivery Fee I u'i (Endorsement Required) r-� rrl Total Postage&Fees ri.l co r- 5`freet,-A-P__t No.; Csd-� z!_L.cf__5.--_-- or PO Box No. City,State,Z1P�a �-----•----------_- / ,e + - SENDER:COMPLETE ■ Complete items 1,2, and 3.Also compte , natter '-item 4-if-Restrictetrue I"f very"is desired. 9 — - .._.- ■ Print your name and address on the reverse z_ Agent so that we can return the card to you. ■ Attach this card to the back of the mailpiece, Name) ❑Addressee . Received by(Printed Name or on the front if space permits. ) C. Date of Delivery 1. Article Addressed to: D. Is delivery e�'dy item 1? ❑Yes If YES,a very d i �i1n C55e� 1/ C s ow: ❑ No 6 /7 jj� Q LJ S do ,T y / �/Jn J / /1G� 3. Service Type f Ul'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 2. Article Number ❑Yes (transfer from service label) 7002 3150 0004 4481 6 6 2 7 PS Form 3811,August 2001 Domestic Return Receipt 10259502-M-1035 g � 27 PO846 Ak FOR REGISTRRTTONG REGISTER OF DEEDS JEPllJBEAUFORTCOUNM NCUR5T 2002 SEP 25 04:11:22 PPS B0279 PG:846-849 FEE 320.00 K REVENGE STAMM900.00 INISTRlM1ENT # 2002908240 North Carolina Prepared by and After Recording Return To: Beaufort County William P.Mayo, Sr. Esquire Mayo &Mayo 102 West Second Street Washington,N.C. 27889 DD.00 Excise Tax: $� Tax I.D. Number: DEED THIS DEED is made and entered into this ;P'& ay of September, 2002, by and between CARGILL INCORPORATED, a Delaware corporation with its principal office at 15407 McGinty Rd., W. Wayzata, MN 55391-2399 ("Grantor"), and PERDUE FARMS INCORPORATED, a Maryland corporation with its principal office at P.O. Box 1537, Salisbury, Maryland, 21802 ("Grantee"). WI_TNE.SSETH: THAT in consideration for FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,000.00), receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey in fee simple with SPECIAL WARRANTY OF TITLE unto Grantee, and Grantee's successors and assigns, all of that certain lot or parcel of land,with improvements thereon, situate, lying and being in Beaufort County, State of North Carolina, and more particularly described as follows("Property"): FOR THE DESCRIPTION SEE EXHIBIT A, ATTACHED HERETO, MADE A PART HEREOF AND BY REFERENCE INCORPORATED HEREIN. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to said Grantee, its successors and assigns, forever in fee simple. THE GRANTOR hereby covenants that it will warrant and defend the title of the property hereby granted against the lawful claims of all persons claiming,by under or through Grantor. BEAUFORT COUNTY LAND RECORDs tR•FORM001 ACCEPTED Land Records Of€tcW Date BOOK 119 PAU 847 "EXHIBIT A" Tract "A", containing 3 .353 acres and Tract "B", containing 5 .16 acres, as shown on Plat entitled PERDUE FARMS AND TENNESSEE VALLEY RESOURCES OF TRACT "A" AND TRACT "B", dated 06-03-02, prepared by Mayo and Associates, P.A. and recorded in Plat Cabinet G, Slides 2-8 and 2-9, Beaufort County Registry, reference to which is made for a greater certainty of description. K 279PG � � THIS CONVEYANCE is made subject to all restrictions, encumbrances, easements, covenants and rights-of-way of record. IN TESTIMONY WHEREOF, said Grantor has caused this instrument to be signed in its corporate name by its Vice President the day and year first above written. CARGILL INCORPORATED, a Delaware corporation BY: 4 . Name: an/c/ �- Title: Ca r-CW d 1 A 6-- Jf d'(1 z0a115 AJ A 6u tP('f s s STATE OF A� COUNTY OF I inp&ytY t4 Vq. 04kLhot4 , a Notary Public of the County and State aforesaid certify that before me ersonally appeared vi <1 .- (name of officer), who, being by me duly sworn, says that he�A" is ' Qyt�Pfl"j (title) of Cargill Incorporated, a Delaware corporation, and that said writing was signed by him/her in behalf of said corporation by its authority duly given and that 041 iie 1 (name of officer) acknowledged the said writing to be the act and deed of said corporation. Witness my hand and official stamp or seal this,:9; 4Wjday of —', 2002. � An�v�+nnnnnna+a My Commission expires: �J f/d MARILYNN W, PAUL9ON NOTARY PUBLIC•MINNI80TA Notary Public. co iso excky M.31,Sol 4, CA V!!,N\ KA `-�6k Y1 - 2 - BALT1:3619344.v4 9/20/02 1:28 PM 7808-219