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HomeMy WebLinkAbout24-05 Small, William a -�acc��oao-ao- wa�anoaou Permit Class {`' ; ' ` i t Number NEW D5 STATE OF NORTH CAROLL Department of Environment and Natural kesourJgN 2' 7 2005 and Coastal Resources Commissiom;grptl ,Permit Voury for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to William F. Small, 508 E. Main Street,Suite 214-A,Elizabeth City,NC 27909 Authorizing development in Pasquotank County at an unnamed Tributary of Newbegun Creek, off SR 1126, Newbegun Landing , as requested in the permittee's application dated3/21/05 (MP-1 &MP-2&MP- 5) 11/5/04(MP-3) 10/19/04(MP-4) ,including the attached workplan drawings(4),3 dated Revised 3/21/05 & 1 dated revised 11/5/04 This permit, issued on May 24,2005 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. Shoreline Stabilization X 1) Unless specifically altered herein, this permit authorizes only the access road, including one clear span bridge/culvert bridge, to provide access to a portion of the expanded subdivision, as is expressly and specifically set forth in the permit application and depicted on the attached work-plan drawings. Any additional land disturbing activities and/or construction shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. 2) No vegetated wetlands may be excavated or filled outside of the alignment of the area indicated on the workplan drawings, even temporarily. (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 must be accessible on-site to Department personnel when the project is inspected for compliance. l/ Any maintenance work or project modification not covered Iffarles S. Jones, Director hereunder requires further Division approval. D1v1S10n Of Coastal Management All work must 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 t'IA that your project is consistent with the North Carolina Coastal ��W_Z Management Program. Signature of Permittee William F. Small Per72of -05 Page ADDITIONAL CONDITIONS 3) The road abutment shall be constructed prior to any backfilling activities. 4) �e ro� shall be structurally tight so as to prevent seepage of backfill materials through the 0 structures. O5) The fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 x 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). Stormwater Management 8) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7041119 on 5/5/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 9) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of the permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10) In accordance with the requirements of the Army Corps of Engineers, the permittee shall preserve and maintain the 0.64-acre area of Department of the Army jurisdictional wetlands, as indicated on the attached plat titled Newbegun Landing Road Crossing, prepared by Atlantic Environmental Consultants, LLC., dated 11/5/04. The permittee is prohibited from performing any of the following activities on the preserved property: filling; grading; excavating, earth movement of any kind; construction of roads, Y walkways, building, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. William F. Small Permit#24-05 Page 3 of 3 ADDITIONAL CONDITIONS 11) Prior to beginning work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation easement prohibiting those activities listed in condition #10. The permittee shall provide the Corps of Engineers a copy of the recorded easement within 60 days of the recordation of the easement. The permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described herein. 12) Should the permittee transfer this easement to a third party, that party shall be approved by the Army Corps of Engineers prior to the transfer. s 13) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 041909), which was issued on 1/18/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510081. 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 ,%lay 24. 2005 Mr. William F. Small 508 East Main Street Suite 214A Elizabeth City,NC 27909 Dear Mr. Small: 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 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 any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, RV& &/. k Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William F. Small (Newbegun Landing) 2. LOCATION OF PROJECT SITE: Adjacent to Broomfield Trail, (pvt), Newbegun Land Subdivision off SR 1126, Pasquotank County and adjacent to an un-named tributary of Newbegun Creek. Photo Index - 2000: 237-1905 (C-14); 168-1916 (W-7) 1995: 168-1718 (W-19) 1989: None 1984: 121-755 (L-6) State Plane Coordinates - X: 2846400 Y: 913350 Weeksville, NC GPS: EI10216A UR 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 2, 2004 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - November 8, 2004 Office - Elizabeth City 6. SITE DESCRIPTION: Fe I V ED (A) Local Land Use Plan - Pasquotank County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES NOV 2 9 2004 (C) Water Dependent: Yes (D) Intended Use: Private, Residential Morehead City DCM (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Subdivision road system Planned - New private subdivision road/crossing of creek tributary (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Estuarine Shoreline 404 2,825 sq. ft. (B) Estuarine Waters, Public Trust Area Culvert installa- tion: 600 sq. ft. (C) Estuarine Shoreline: Uplands 5,225 sq. ft. (D) Uplands 11,350 sq. ft. (E) Total Area Disturbed: 20,000 sq. ft. (.459 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a road with culverts across an un-named tributary of Newbegun Creek. FIELD INVESTIGATION REPORT William F. Small (Newbegun Landing) Page 2 PROJECT SETTING: The proposed development site is located in the southeastern section of Newbegun Landing Subdivision. The site is on Broomfield Trail (pvt) at the end of Small Drive (pvt), which is an extension of SR 1131 in Pasquotank County and on an un-named tributary of Newbegun Creek. The subdivision, which is the site of a decommissioned World War II Naval blimp base, also has an entrance via SR 1126, which served as the main gate to the base. The site of the proposed development is adjacent to lots 157 and 158 which, until last year, were agricultural fields. The property was not farmed this year, and the property is vegetated with indigenous weeds and grasses. A ditch runs in a north/south direction and appears to be manmade for drainage of an existing nearby runway and blimp dock. The east edge of ditch in this area is the upland farm field and the west edge of the ditch is a 404 wetland area approximately 50 feet wide and vegetated with gum, poplar, maple, and common reed. The ditch is approximately 15 feet wide and approximately -2 feet deep with a soft bottom. The uplands on the western side of the property consist of an open area that has one of several blimp-docking rings that are located throughout the property. The applicant is using the docking ring as a concrete road or cul-de-sac. Currently storm debris is stored in this area. The elevation of the property ranges from-2 feet at the ditch bottom to approximately +6 feet above normal water level (NWL) near Broomfield Trail. The soils at the site are classified as Klej loamy fine sand and Elkton silt loam. The adjacent riparian property to the south and downstream along the ditch is a subdivision lot with a single-family dwelling with a maintained yard. The adjacent riparian property to the west is a 50-acre tract with an undeveloped shoreline. This tract is the site of the only remaining World War II era blimp hanger in North Carolina. In 1729, the county seat of Pasquotank County was moved from Nixonton to this area, and the second courthouse for Pasquotank County was constructed near this site, by Pool Point, and was known as "Broomfield." The waters of Newbegun Creek in this area are classified as SC and the waters of Pailin Creek, which is nearby, are classified as C SW. The area is closed to shellfish taking. DEVELOPMENT PROPOSAL The applicant proposes to construct a new private access road between lots 157 and 158, across the existing 15-foot wide ditch, across the existing 50-foot wide 404 wetland fringe to connect to the existing concrete road, cul-de-sac to access the adjacent upland property for expansion of the existing subdivision. FIELD INVESTIGATION REPORT William F. Small (Newbegun Landing) Page 3 The applicant proposes to install two 8-foot diameter 36-foot long culverts in the ditch with two sidewall bulkheads that will serve as road abutments. Fill material will be placed over the culverts and over the wetland area to create the roadbed. The road abutments will be installed to hold the fill material in place. Approximately 2,825 square feet of 404 wetlands will be filled. A 20-foot wide asphalt road approximately 410 feet long will be constructed over the 50-foot wide road bed to connect Broomfield Trail with the existing cul-de-sac. Drainage will be provided by two parallel swales approximately 10 feet from the roadway edge. ANTICIPATED IMPACTS The development proposal will result in bottom disturbance of approximately 600 square feet of PTA, EW, AEC during the installation of the culverts' road abutment and overfill. Approximately 2,825 square feet of 404 wetlands located within the ES AEC will be filled by the proposed roadbed and road top. Approximately 5,225 square feet of ES upland area will be disturbed and filled by the construction of the roadway. Approximately 2,875 square feet of impervious surface will be placed within the ES AEC, which represent approximately 13 percent coverage. Water turbidity will increase during construction. Navigation upstream will be impeded by the structure; however, there appears to be no evidence of navigational use of this ditch. Surface runoff from the roadway will drain into the adjacent water body. Submitted by: Frank A. Jennings, III Date: November 19, 2004 u U NOV 2 9 2004 Morehead City DCM ,Form DCM-MP-1 APPLICATION (To be completed by all applicants) KAor?head City LJCM b. City,town,community or landmark Elizabeth City 1. APPLICANT c. Street address or secondary road number Broomfield Trail a. Landowner: Name William F.Small d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 508 E.Main Street.Suite 214-A e. Name of body of water nearest project (e.g. river, City Elizabeth City State NC creek,sound,bay) A tributary of Newbeg-un Creek Zip 27909 Day Phone See agent info 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name Atlantic Environmental Consultants,LLC a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address P.O.Box 3266 Construction of a bridge and road across a Tributary of Newbegun Creek. City Kitty Hawk State NC Zip 27949 Day Phone 252-261-7707 b. Is the proposed activity maintenance of an existing project,new work,or both? new Fax 252-261-2965 c. Will the project be for public, private or commercial use? public c. Project name(if any) Newbegun Landing 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 NOTE: Permit will issued in name of iandowner(s),and/or pages. Construct a road over naviagable waters project name.e. (kayak/canoe) to access highg� and area to be utilized for residential lots. 2. LOCATION OF PROPOSED PROJECT a. County Pasquotank Revised 03/95 Form DCM-MP-1 APPLICATION (To be completed by all applicants) CM 1. Are there wetlands on the site? X Yes _No 4. LAND AND WATER Coastal(marsh) Other X CHARACTERISTICS If yes,has a delineation been conducted? (Attach documentation, if available) a. Size of entire tract 49.46 Acres m. Describe existing wastewater treatment facilities. Onsite wastewater system.conventional b. Size of individual lot(s) To be determined c. Approximate elevation of tract above MHW or NWL 6, n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary d. Soil type(s)and texture(s)of tract wastewater, industrial/commercial effluent, "wash Matapeake(Wickham)fine sand and swamp down"and residential discharges.) None e. Vegetation on tract Red maple, loblolly pine, bald cvvress, southern red oak, blueberry, bayberry brier,giant cane. o. Describe existing drinking water supply source. Public water supply f. Man-made features now on tract Roads,underground utilities and existing homes. g. What is the CAMA Land Use Plan land classification 5. ADDITIONAL INFORMATION of the site?(Consult the local land use plan.) Conservation Transitional In addition to the completed application form, the Developed _Community following items must be submitted: X Rural Other h. How is the tract zoned by local government? • A copy of the deed (with state application only) or Not zoned at this time. other instrument under which the applicant claims title to the affected properties. If the applicant is not i. Is the proposed project consistent with the applicable claiming to be the owner of said property,then forward zoning? X Yes No a copy of the deed or other instrument under which the (Attach zoning compliance certificate,if applicable) owner claims title, plus written permission from the owner to carry out the project. j. Has a professional archaeological assessment been done for the tract? Yes X No • An accurate, dated work plat (including plan view If yes,by whom? and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by I I" white paper. (Refer to Coastal k. Is the project located in a National Registered Resources Commission Rule 710203 for a detailed Historic District or does it involve a National Register description.) listed or eligible property? Yes X No Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line Revised 03/95 Form DCM-MP-1 prints or other larger plats are acceptable only if an adequate number of quality copies are provided by E: L u applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site OW or location ma is a art of plat requirements and it ° E p p p 6. CERTIFICATION�A'1 `��SSIN must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or TO ENTER ON LAND secondary road(SR)numbers,landmarks,and the like. I understand that any permit issued in response to this •A Stormwater Certification,if one is necessary. application will allow only the development described in •A list of the names and complete addresses of the the application. The project will be subject to conditions adjacent waterfront (riparian) landowners and and restrictions contained in the permit. signed return receipts as proof that such owners I certify that to the best of my knowledge, the proposed have received a copy of the application and plats by activity complies with the State of North Carolina's certified mail. Such landowners must be advised that approved Coastal Management Program and will be they have 30 days in which to submit comments on the conducted in a manner consistent with such program. proposed project to the Division of Coastal Management. Upon signing this form, the applicant I certify that I am authorized to grant,and do in fact,grant further certifies that such notice has been provided. permission to representatives of state and federal review Name TCOM agencies to enter on the aforementioned lands in Address 7115 thomas Edison Drive connection with evaluating information related to this Phone Columbia,MD 21046-2113 permit application and follow-up monitoring of the project- Name Triangle Pacific Corp. Address PO Box 3001 I further certify that the information provided in this Phone Lancaster,PA 17604 application is truthful to the best of my knowledge. Name Tom=Hall Address 935Ouail Ct. This is the 21 day of March ,2005 ._ Phone Geneseo,IL 63125 • A list of previous state or federal permits issued for Print Name Doug Dorman work on the project tract. Include permit numbers, permittee,and issuing dates. Signature Lando or Authorized Agent N/A • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the application. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information • A signed AEC hazard notice for projects in X 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 Act(N.C.G.S. 113A- 1 to 10) space provided at the bottom of each form. 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 r I Form DCM-MP-2 EXCAVATION 1, � LUii5 IV1oreheEld City AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA 1. EXCAVATION Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application a. Amount of material to be excavated from below that relate to this proposed project. MHW or NWL in cubic yards N/A Describe below the purpose of proposed excavation b. Type of material to be excavated N/A or fill activities. All values to be given in feet. Average Final c. Does the area to be excavated include coastal Existing Project N/A Length width Depth Depth wetlands? Yes No Access channel d. Highground excavation in cubic yards N/A (MLV) or N/A - ----- ----- a*m') Canal 2. DISPOSAL OF EXCAVATED N/A ---- ------ ------ MATERIAL Boat a. Location of disposal area N/A Basin N/A ------ ------- ------ b. Dimensions of disposal area N/A Boat ramp N/A -------- ------- ------- c. Do you claim title to disposal area? N/A Rock Yes No groin N/A -------- ------- ------- If no, attach a letter granting permission from the owner. Ditch d. Will a disposal area be available for future N/A N/A ------- ------ ------- maintenance? Yes No Other If yes,where? (Excluding shoreline stabilization) Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal 4. OTHER FILL ACTIVITIES wetlands(marsh), SAVs or other wetlands? N/A (Excluding Shoreline Stabilization) Yes No Morehead City DCM f. Does the disposal include any area in the water? Yes No a. Will fill material be brought to site? X Yes No 3. SHORELINE STABILIZATION If yes, (1) Amount of material to be placed in the water No fill proposed within water. a. Type of shoreline stabilization N/A Bulkhead N/A Riprap (2)Dimensions of fill area Approximately 50' x 60' (2,825 sf) b. Length (3)Purpose of fill c. Average distance waterward of MHW or NWL Road base and backfill to abutment N/A d. Maximum distance waterward of MHW or NWL b. Will fill material be placed in coastal wetlands N/A (marsh), SAVs or other wetlands? 404 wetlands X Yes No e. Shoreline erosion during preceding 12 months Not detectable 5. GENERAL (Source of Personal observation information) a. How will excavated fill material be kept on site and erosion controlled? f. Type of bulkhead or riprap material Silt fence will be placed around disturbed areas. N/A b. What type of construction equipment will be g. Amount of fill in cubic yards to be placed below used (for example, dragline, backhoe, water level hydraulic dredge)? (1) Riprap N/A Excavator,backhoe,bulldozer (2)Bulkhead fill N/A h. Type of fill material N/A c. Will wetlands be crossed in transporting equipment? Yes X No If yes,explain steps that will be taken to lessen I. Source of fill material commercial on site environmental impacts. N/A Newbegun AEC#04-062 Applicant or Project Name Doug Dorman Signature Date 3/21105 Revised 03/95 Form DCM-MP-S BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all,or a part of,the existing culvert be removed? Permit, Form DCM-MP-1. Be sure to complete all other (Explain)N/A sections of the Joint Application that relate to this proposed project. g. Length of proposed bridge 20' 1. BRIDGES h. Width of proposed bridge 47' i. Height of proposed bridge above wetlands a. Public X Private 6' b. Type of bridge(construction material) j. Will the proposed bridge affect existing water flow? Metal and concrete Yes X No If yes,explain N/A c. Water body to be crossed by bridge TributM of Newbeggg Creek d. Water depth at the proposed crossing at MLW or k. Navigation clearance underneath proposed bridge NWL 2'Average 699" e. Will proposed bridge replace an existing bridge? 1. Will the proposed bridge affect navigation by Yes X No reducing or increasing the existing navigable If yes, opening? x Yes No (1) Length of existing bridge N/A If yes,explain The height limit will be 6'9". (2) Width of existing bridge N/A (3) Navigation clearance undemeath existing bridge N/A (4) Will all,or a part of,the existing bridge be removed?(Explain)bridge N/A m. Will the proposed bridge cross wetlands containing no navigable waters? Yes X No f. Will proposed bridge replace an existing culvert(s)? If yes,explain Yes X No If yes, (1) Length of existing culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above n. Have you contacted the U.S. Coast Guard concerning the MHW or NWL N/A their approval? Yes X No If yes, please provide record of their action. Revised 03/95 Form DCM-MP-5 2. CULVERTS 3. EXCAVATION AND FILL a. Water body in which culvert is to be placed ..4 N/A a. Will the placement of the proposed bridge or culvert b. Number of culverts proposed N/A require any excavation below the MHW or NWL? Yes X No c. Type of culvert(construction material,style) If yes, N/A (1) Length of area to be excavated N/A (2) Width of area to be excavated N/A d. Will proposed culvert replace an existing bridge? (3) Depth of area to be excavated N/A Yes X No (4) Amount of material to be excavated in cubic If yes, yards N/A (1) Length of existing bridge N/A (2) Width of existing bridge N/A b. Will the placement of the proposed bridge or culvert (3) Navigation clearance underneath existing require any excavation within: bridge N/A _Coastal Wetlands_SAVs_Other Wetlands (4) Will all, or a part of, the existing bridge be If yes, removed?(Explain)N/A (1) Length of area to be excavated N/A (2) Width of area to be excavated N/A (3) Amount of material to be excavated in cubic yards e. Will proposed culvert replace an existing culvert? Yes X No c. Will the placement of the proposed bridge or culvert If yes, require any highground excavation? (1) Length of existing culvert N/A Yes X No (2) Width of existing culvert N/A If yes, (3) Height of the top of the existing culvert above (1) Length of area to be excavated N/A the MHW or NWL N/A (2) Width of area to be excavated N/A (4) Will all, or a part of, the existing culvert be (3) Amount of material to be excavated in cubic removed?(Explain)N/A yards N/A d. If the placement of the bridge or culvert involves any excavation,please complete the following: f. Length of proposed culvert N/A (1) Location of the spoil disposal area N/A g. Width of proposed culvert N/A (2) Dimensions of spoil disposal area N/A h. Height of the top of the proposed culvert above the (3) Do you claim title to the disposal area? N/A MHW or NWL Yes No i. Will the proposed culvert affect existing water flow? If no, attach a letter granting permission from Yes X No the owner. If yes,explain N/A (4)Will the disposal area be available for future j. Will the proposed culvert affect existing navigation maintenance? Yes No N/A potential? X Yes No (5)Does the disposal area include any coastal If yes,explain wetlands(marsh),SAVs,or other wetlands? Yes No N/A If yes,give dimensions if different from(2)above. (6)Does the disposal area include any area below the MHW or NWL? Yes _No N/A If yes,give dimension if different from No.2 above. Revised 03/95 Form DCM-MP-5 d. Will the proposed project require any work channels? e. Will the placement of the proposed bridge or culvert Yes X No result in any fill (other than excavated material If yes,complete Form DCM-MP-2 described in Item d. above)to be placed below MHW or NWL? Yes X No e. How will excavated or fill material be kept on site If yes, and erosion controlled? Silt fence will be placed (1) Length of area to be filled N/A around the areas of disturbance. (2) Width of area to be filled N/A (3) Purpose of fill N/A f. What type of construction equipment will be used f. Will the placement of the proposed bridge or culvert (for example,dragline,backhoe or hydraulic dredge)? result in any fill (other than excavated material Backhoe,excavator,bull dozer,and dump trucks described in Item d.above)to be placed within: _Coastal Wetlands_ SAVs X Other Wetlands If yes, (1) Length of area to be filled 60' g. Will wetlands be crossed in transporting equipment to (2) Width of area to be filled 50, project site? Yes X No (3) Purpose of fill To provide road base If yes, explain steps that will be taken to lessen environmental impacts. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on h. Will the placement of the proposed bridge or culvert highground? X Yes No require any shoreline stabilization? If yes, X Yes No (1) Length of area to be filled 280' If yes,explain in detail Road abutments will be (2) Width of area to be filled 20' constructed 2' from the NWL to proved support for (3) Purpose of fill For road base the road fill. 4. GENERAL N � Applicant or Project Name a. Will the proposed project involve any mitigation? X Yes No K — e If yes,explain in detail An area 10 times the impacted Signa�r area of wetlands will be preserved onsite. See sheet 1 Date b. Will the proposed project require the relocation of any existing utility lines? Yes X No If yes,explain in detail c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes,explain in detail Revised 03/95 (4 MAR 2 3 zm r 9DPE 1/P PER V-W PRW CENRR m 81M WE r Morehead City L)Cpw -t II 11 I�°°��"-'"fij 1=I I I_�I 1=1 i I-�� f =►�1=I C I=►i►=1 i 1=i i t ' 't i_I i t—III— III—I 1 1—i S4 �B.13 TYPICAL ROADWAY SECTION i^ PROPOSED ASPH Tr ,q NIS MATCH LYE A 75'AEC LINE 404 fiadND LINE 30'BEOPFER 30'IA BUFFER LWE MATCHLINE B PROPOSED CLEAR SPAN PROPOSED CULVERT/BRIDGE ROAD SURFACE si -7s, ;�f _f�' V PROPOSED ASPHALT ROAD IFIll 6 go#1, 1 Ilj CREEK B04T0M EL -2.B9 75'AEC LINE MATCHLLYE B 180' PROPOSED ASPHALT ROAD EX! T R AD B.1 ROAD DETAILS TRIBUTARY ROAD CROSSING NEWBEGUN LANDING NIXONTON TOWNSHIP — PASQUOTANK COUNTY — NORTH CAROLINA 5' 0' 10' 20' 30' ATG4/VT/C ENV/RONMENTAL CONSULTANTS, LLC GRAPHIC SCALE 1"= 10' P.O. BO,r Mftf,, lr1r1Y 114#X' N.C. 1790 SHEET 3 OF 3 (252)2$1-7707, e-mail romdormon®ool.corn DATE: 9/26/04 REVISED: 3/21/05 FILE:04-062 DRAWN 8Y:DAD ► ►► , .. ooe ► ► a , h-j G 4•. � y0 °• :� .Z�7D ► - _- --"V' m ►` 1. ► n n Iwo M z•- s x O s ------------- ► ► ► ► 1 ► �```► ► �?► : c0 ► r G �0 A ► '& ► ► I ..�ti ► ► Z ► .7�• f*I dD E I � ► ► I ► _..�..�►ao, ► .\. o I A� yea IA I , N �.._.._.._.._.._.._ _ ., 1 ►•_:• I 1IIIII fg�eppp�l�G t AAA��e I r��aGo Y -.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.N IIII 1III —�8$�GAyy-�' --.—.—. p a ---.--.—.`—\-.—-•—'-\_IIIIII! �--••_ -•�- _r��• _ m ' Y/$ .09 MV8L QaLmoon - �o - - - - - - - - iK - _ _ _ _ _ �.\ 1 n i , -----------r—=--------�--------�--'ter-; ;;o g I N w I : I U I x LA I l ! � ! SHEET 2 OF 3 I CAMA MAJOR PERMIT - NEWBEGUN LANDING ROAD CROSSING OVER TRIBUTARY OF NEWGEBUN CREEK NEWBEGUN LANDING NIXONTON TOWNSHIP — PASQUOTANK COUNTY — NORTH CAROLINA 30' 0' 60' 120' 180' GRAPHIC SCALE 1"=60' AT�NT/too BOXR266, k/PY NAWO N0 2790 LLC (252)261-7707, e-mail ro-dormon®ool.com DATE: 9/26/04 RDASED:3/21/05 FILE:04-062 DRAWN BY:DAD l I I I I I I 'b W�z I I K _L_J r--� -- — — _ I I ]IF mm womm -0 W 00m o> {D / 0 _ \ Y \ ry OC \ /� y/ mCr� / SHEET 1 OF STORMWATER PERMIT - NEWBEGUN LANDING ROAD CROSSING OVER TRIBUTARY OF NEWBEGUN CREEK NEWBEGUN LANDING NIXONTON TOWNSHIP — PASQUOTANK COUNTY — NORTH CAROLINA 150' 0' 300' 600' 900' ATWIT/C EN11/RONMENTAL CONSZ1Z 4 S, LLC GRAPHIC SCALE 1"=300' P.O. BOX 3266, K/7TY HAWK, N.C. 27949 (252)261-7707, e-m0i7 rOM0,5mon®001 COM DATE: 10/10/04 REVISED: 3/21/05 FILE: 04-062 DRAWN BY:DAD <^ v T'VE NOV 0 8 2004 PROJECT NARRATIVE COASTALNANAGEMENT' CAMA Major Permit —Tributary Crossing FuzAgETH CITY Nixonton Township, North Carolina, Pasquotank County The purpose of the following proposed improvements is to provide an access road across a no named tributary of Newbegun Creek for the development of the next phase in the Newbegun Landing development. The intention of the owner's proposed improvements are to culvert a 15 ft. wide section of the no named tributary to provide access of additional property for a single family residential subdivision. The proposed improvements include: (1) The placement of two 8' culverts to span the tributary (2) construct two road abutments at the NWL to support the proposed road approach to the culverts (3) construct a road within the 30' buffer and 75' AEC to NCDOT specifications for the future subdivision. Total disturbance for proposed project: Road construction 21,944 sf Total disturbance within 75' AEC 17 sf Total impervious area within 75' AEC F ,1W sf Total disturbance within 30' AECF1 3, 4 s.f. Total impervious are within 30' AEC NOV 2 9 2004 1,215 s.f. Total area (s.f.) over open water Morehead City DOW s.f. The proposed road will provide an access to the next phase of Newbegun Landing subdivision, which is in preliminary stage of design. The proposed road will intersect with Broomfield trail and run west to an existing concrete road that is located on the opposite side of the tributary. Proposed project includes: Two 8 ft wide by 35 ft long culverts to be placed side by side in the tributary where the proposed road will cross. An excavator will be used to excavate approximately one foot of sediment to bed the two culverts (2 x 8 x 35 = 560 s.f- 27 = 20.7 cubic yards). The excavated material will be placed on highground within the proposed roadbed (disposal area - 20' x 20' = 400 s.f.). Two retaining wall/road abutments will be constructed on each side of the tributary to provide a solid base for the transition between the culverts and the road. On the east side of the tributary there is no wetland fill associated with the construction of the road, however on the west side 2,825 sf of Section 404 wetlands are proposed to filled in order to construct the proposed road. r , Mitigation proposed to offset the impacts of the proposed wetland fill will be 28,250 s.f. of wetlands to be preserved onsite and recorded as a conservation easement. Silt fence will be installed along the proposed right-of-way during the construction project to prevent sediment from entering the adjacent wetlands or tributary. In addition, a sediment curtain will be placed in the tributary on both sides of the construction area to reduce impacts within the tributary. Section 404 wetlands were delineated by George Wood in 1980's and reconfirmed by Henry Wicker with USACE on 8-2-2001 (Action ID#200111012). The road crossing location was determined based on the least amount of wetland impacts within the no named tributary, where both tributary narrows and an area of wetlands narrows. Use of the existing road (Airstrip Road) would eliminate wetland fill, however, this road leads to an industrial area (TCOM) and is in poor condition and would decrease the economic value of the adjacent property. Also, the proposed road would be centrally located within the existing subdivision and connect with an existing road (Broomfield Trail) within the subdivision, which allows for safer egress and ingress, eliminating an additional entrance to the Newbegun Landing subdivision. Another alternative to minimize wetland impacts is bridging the tributary, however, this alternative would not be feasible for the property owner. F-0 IVE® woo 0 8 2004 -;U EUZABET'H CITY OCT-7-2004 03:08 FROM:NE MHHKE 1 1Nla U I K 1CxJ�1`1 f i J I V•JJJV1 /JL - - Oct 07 04 04: 20p Hyman&Roben 252-338-5552 p• 2 0ecely F® ®CT 21 2004 CO AS), E��zAB4TH����T October 7,2004 To Whom It May Concern: 1,William F. Small,11,hereby give permission to Atlantic Environmental Consultants,LLC to act on my behalf to sign and execute the necessary permit applications for the pursuance of permits to construct a bridge af.Toss the wetlands adjacent to Section H of Newbegun Lend subdivision. Sincer y William F. Small,11 NOV 2 9 2004 Morehead City DCM f' DIVISION OF COASTAL MANAGEMENT 7w APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: William F. Small County: Pasquotank LOCATION OF PROJECT: Off SR 1126, Broomfield Trail,Newbegun Land Sub FORTED DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 11/08/04 FIELD RECOMMENDATION: Attached:NO To Be Forwarded: YES NOV 2 9 2004 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES Morehead City ACM FIELD REPRESENTATIVE: Frank Jennings DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ted Sampson, 11/19/04 B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 &C" 40 PUBLIC NOTICE REC'D: J I /Z 6-1/t-15 END OF NOTICE DATE: 12 G-/b ADJ. RIP. PROP NOTICES REC'D: ' l DEED REC'D: APPLICATION ASSIGNED TO: we ON: Of C) 75 DAY DEADLINE: 0 /12 z 1 n� 150 DAY DEADLINE: MAIL OUT DATE: ll STATE DUE DATE: FEDERAL DUE DATE: 1 f b �S FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative Coastal Management- LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality V3H10 Storm Water Management(DWQ) I S j' V State Property �Office , (,Op oq �I d�� Division of ArcZllves Division of Environmental Health PM Division of Highways ( C-r) P 1 b'did s c-e- L;'•'�n^�,,k' Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries ' Submerged Lands (DMF) d/tH Permit# DCM Coordinator: / cwc-!/ INIAILING DISTRIBUTION: Permitee: W,Wcw,, -Sw�o�lQ Agent: �Ow1 ,, klcx'�v,- �-A lay. +� Lv�v',rcati ewq C•c��-c„�,l -o��.i`E G,LL C� P•0. Goy- 5;4f- DCM Field Offices: / t{�W k N C- Elizabeth City%, Morehead Cit7 Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(N OT) Raleigh Blan Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-F,arl Environmental Health: Terry Pierc Marine Fisheries: Mike Stree NCDOT: Ken Pac / Shellfish Sanitation: Patty Fowler/ State Property Office: Joseph Henderso Water Quality: Cyndi Karoly(for non-DOT�,/ John Hennessy(NC OT) Water Resources: John Sutherlanqo- Wildlife Resources: Maria Trip Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at 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) CAMA Major Permit Process Manual Page 70 of 70 r OF W ATER Michael F.Easley,Governor \O� QG William G.Ross Jr.,Secretary �p fir, North Carolina Department of Environment and Natural Resources Q Alan W.Klimek,P.E.Director Division of Water Quality DIVISION OF WATER QUALITY May 5, 2005 0 0 2, co Mr. William F. Small 508 E . Main St, Suite 214-A u Elizabeth City, NC 27909 ©, Subject: Stormwater Permit No. SW7041119 CAMA Major for Road Crossing NewBegun Creek General Stormwater Permit Pasquotank County Dear Mr. Small : The Washington Regional Office received the completed Stormwater Application and supporting information on April 21, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H. 1000. We are forwarding Permit No. SW7041119 dated May 5, 2005 to Mr. William F. Small . This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447 . Unless such demands are made this permit shall be final and binding. North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 one Washington,NC 27889 FAX 252-946-9215 NorthCarohna An Equal Opportunity/Affirmative Action Employer—501A Recycled110%Post Consumer Paper Naturally i Ak Mr. William F. Small May 5, 2005 Page Two If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3919. Sincerely, William J. ore Environmental Engineer Washington Regional Office cc: ,tioug Huggett, DCM-Morehead City Atlantic Environmental Consultants Washington Regional Office Central Files State Stormwater Management Systems Permit No. SW7041119 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Mr. William F. Small Pasquotank County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H. 1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grass swales and vegetated buffers to serve a new access road crossing over NewBegun Creek located near Elizabeth City, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations . I . DESIGN STANDARDS 1 . This project involves a new access road crossing over NewBegun Creek that will serve a future single family residential subdivision. Stormwater runoff will be treated by grass swales and sheet flow through vegetated buffers . The future subdivision will obtain a separate stormwater permit. 2 . Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3 . No stormwater piping in addition to the existing piping shall be allowed except: 3 a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots . II . SCHEDULE OF COMPLIANCE 1 . Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2 . The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III . GENERAL CONDITIONS 1 . Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143- 215. 6A to 143 .215. 6C. 2 . The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H. 1000; and North Carolina General Statute 143-215. 1 et.al . 4 . The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Change of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area 4 f. In addition, the Director may determine that other revisions to the project should require a modification to the permit . 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7 . The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8 . The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 5 th day of May, 2005. NORTH OLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klime , PE, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7041119 5 APR-13-2005 WED 09:38 AM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 02 APA 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 Coordinator THROUGH: Ted Sampson, District Manager FROM: Frank A. Jennings, III, Field Representative DATE: April 13, 2005 SUBJECT: William F. Small (Newbegun landing) Major Permit Application Recommendations, Revised from December 8, 2004 The applicant proposes to construct a bridge across an unnamed tributary of Newbegun Creek. The proposed development site is located in the southeastern section of Newbegun Landing, on Broomfield Trail (pvt)at the end of Small Drive (pvt) off SR 1131 in Pasquotank County, The development proposal appears consistent with 07H.0208 Use Standards for Public Trust Area and Estuarine Waters. It is recommended that the development proposal be authorized with the following conditions: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No vegetated wetlands will be excavated or filled outside of the authorized area. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 4. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 5. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. FAJlybc 1367 U,S.17 South,Elizabeth City,North Carolina 27909 Phone; 262-264.39011 FAX 252-264-37231 Internet www.nccoastal management,net An Equal Opportunity 1 Affirmative Action Employer—SO%Recycled by Fiber Weight ;A 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 March 24,2005 William Small 508 E. Mainstreet, Suite 214-A Elizabeth City,NC 27909 Dear Mr. Small: The Division of Coastal Management hereby acknowledges your March 21,2005 request that the, Coastal Area Management Act permit application for the proposed new private subdivision road/crossing of creek tributary project be placed in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at(252) 808- 2808), or by e-mail at doug.huggett@ncmail.net. Sincerely, $Oumouggett V. IiAv=' Major Permits Coordinator Cc: DCM—Elizabeth City Henry Wicker,USACE-Wilmington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AKxA_LT 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 March 24, 2005 William Small 508 E. Mainstreet, Suite 214-A Elizabeth City,NC 27909 Dear Mr. Small: The Division of Coastal Management hereby acknowledges your March 21, 2005 request that the Coastal Area Management Act permit application for the proposed new private subdivision road/crossing of creek tributary project be placed in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at(252) 808- 2808), or by e-mail at doug.huggett@ncmail.net. Sincerely, Doug Huggett Major Permits Coordinator Cc: DCM—Elizabeth City Henry Wicker,USACE-Wilmington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 808-2808\FAX: 252-247-3330\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper :A llli)5 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC.������ea� �IyifVl P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 fax (252) 261-2965 March 21, 2005 Mr.Jonathan Howell N.C.Division of Coastal Management 400 Commerce Ave. Morehead City,NC 28557 RE: Revised Newbegun Landing CAMA Major Permit Dear Mr.Hollowell, This letter is accompanying a revised CAMA Major Modification Permit Application package with plats and cross sections for William F. Small to construct a road over the Newbegun Creek in Nixonton Township,Pasquotank County,North Carolina. Mr. Small is proposing to place a clear span structure 47' wide and 20' long over a tributary of Newbegun Creek to provide the crossing of the subdivision road. The following items have been attached and shall be considered part of this submittal package: 1. Revised Major CAMA Permit Applications,DCM-MP Forms 1,2,&5. 2. 2 copies of the revised site plan and details. Thank you for your attention to this information. If following review you have questions or need additional information contact me at 252-261-7707. Sincerely, Doug Dorman Atlantic Environmental Consultants, LLC Cc: Frank Jennings DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO " February 10, 2005 Regula tory Division ' g ry FEB 1 1 2005 Action ID No. Zoos 10081 Morehead City pCM Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 Dear Mr. Huggett: Reference the application of William F. Small for a Department of the Army permit to place fill material within approximately 0.06-acre of freshwater wetlands and construct a road crossing, on property located off State Road 1126, adjacent to Newbegun Creek, in Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. No vegetated wetlands will be excavated or filled outside of the authorized area. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 4. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 5. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. -2- 6. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 7. The Permittee shall preserve and maintain the 0.64-acre of Department of the Army jurisdictional wetlands as surveyed on the attached plat titled Newbegun Landing Road Crossing, prepared by Atlantic Environmental Consultants, LLC., dated November 5, 2004. The Permittee is prohibited from performing any of the following activities on the property: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways,buildings, signs,or any other structure; any activity that may alter the drainage patterns on the property;the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage,trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. b. Prior to beginning work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation easement prohibiting those activities listed in condition a. above. The holder of this easement shall be approved by the Corps of Engineers prior to recordation of the easement. The Permittee shall provide the Corps of Engineers, a copy of the recorded easement within 60 days of the recordation of the easement. The Permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described therein. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252)975-1616,extension 23. Sincerely, 0 M Raleigh Bland, P.W.S. Regulatory Project Manager -3- Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 �QF W AT FOP Michael F.Easley,Governor \Q �i William G.Ross Jr.,Secretary Co North Carolina Department of Environment and Natural Resources � y © Alan W.Klimek,P.E.Director Division of Water Quality January . DWQ Project#04-1909 Pasquotank County IAN 2 7 2005 Mr. William F. Small 508 E. Main St., Suite 214-A Elizabeth City, NC, 27909 Morehead City [)CM Subject Property: Off SR 1126,Broomfield Trail,Newbegun Land Subdivision Approval of 401 Water Quality Certification (GC3490) with Additional Conditions Dear Mr. Small: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.08 acres of waters to construct a road with culverts across an unnamed tributary of Newbegun Creek as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on November 29, 2004. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3490 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). 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 LAMA. 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 Plan Location or Reference (Units) 404/CAMA Wetlands 0.08 (acres) DCM Field Investigation Report No'rthCarolina Naturally 401 Wetlands Certification Unit d►'aturally 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:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. William F. Small Page 2 of 2 January 18,2005 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/Wetlands 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) 3490. 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 Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, I � Alan W. Klimek, P.E. AWKlcbk Enclosures: GC 3490 Certification of Completion cc: Atlantic Environmental Consultants,P.O.Box 3266,Kitty Hawk,NC, 27949 Doug Huggett,DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 041909Newbegun(Pasquotank)401 R"0� W ATF9Q Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources O Alan W.Klimek,P.E.Director Division of Water Quality DIVISION OF WATER QUALITY January 14, 2005 JAN 1 9 2005 ! Morehead City �i Mr. William F. Small 508 E.Main St, Suite 214-A Elizabeth City, NC 27909 Subject: Stormwater Review SW7041119 Newbegun Landing Property Pasquotank County Dear Mr. Small: This office received a copy of your CAMA Major application and plans for the subject project on November 29, 2004. A preliminary review of your project has been completed. The following additional information is needed before a permit can be issued: - Stormwater application and fee - Site plans and specifications, stormwater narrative & design The above information must be submitted within 30 days, or your project will be returned as incomplete. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. If you have questions, please feel free to contact me at (252) 948-3919. Si n ce rely, William J. ore Environmental Engineer Washington Regional Office cc: ✓Doug Huggett-DCM, Morehead City Atlantic Environmental Consultants Pasquotank County Inspections WARO North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us 1617 Mail Service Center Phone: 919-733-7015 One Raleigh,NC 27699-1617 FAX 919-733-2496 NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycledtl00/6 Post Consumer Paper ;WA(rallff ke 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, DCM Major Permit Coordinator FROM: Charlan Owens, AICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Request by William F. Small to install a private road with culverts crossing a ditch connected to Newbegun Creek adjacent to property located off of Broomfield Trail in the southeastern section of the Newbegun Landing subdivision in Pasquotank County. DATE: December 13, 2004 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County 1996 Land Use Plan certified by the CRC on May 24, 1996. Overview: The private road is to be located between lots 157 and 158 of the Newbegun Landing subdivision to provide access to a 49.46 acre parcel proposed for residential development. The property was the site of agricultural fields but is currently vegetated with indigenous weeds and grasses. A ditch runs in a north/south direction along the property and appears to be man-made for drainage of an existing nearby runway and blimp dock. The ditch is approximately 15 feet wide and approximately—2 feet deep with a soft bottom. The east edge of the ditch is an upland farm field and the west edge of the ditch is a Section 404 wetland area approximately 50 feet wide. A 20 foot wide asphalt road approximately 410 feet long will be constructed on a 50 foot wide roadbed. The road will extend from Broomfield Trail across the ditch and the Section 404 wetland fringe and connect to an existing concrete road located on the 49.46 acre site. Two 8 foot diameter 36 foot long culverts with two sidewall bulkheads serving as road abutments are to be installed. Fill material will be placed over the culverts and over the wetland area to create the roadbed. Drainage will be provided by two parallel swales approximately 10 feet from the roadway edge. The waters of Newbegun Creek in this area are designated as Class SC waters and the waters of the Pailin Creek, which is nearby, are classified as C SW. The area is closed to shellfish taking. Anticipated Impacts resulting from this project are expected to include: the filling of approximately 600 sq. ft. of Estuarine Waters and Public Trust Areas of Environmental Concern (AECs) due to culvert installation, approximately 2,825 sq. ft. of Estuarine Shoreline 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 2 AEC/Section 404 Wetlands, approximately 5,225 sq. ft. of Estuarine Shoreline AEC/Uplands, and approximately 11,350 sq. ft. of Uplands. Navigation upstream will be impeded by the structure; however there appears to be no evidence of navigational use of the ditch. Basis for Determination: The Pasquotank County Land Classification Map identifies the site area as "Limited Transitional". Additional text discussion on page 39 recognizes that all areas within AECs also qualify for the "Conservation" classification. The following LUP policy may be applicable to this request: Conservation Policies: Page 28. "It is the policy of Pasquotank County government to comment concerning the overall interests of county residents on CAMA dredge and fill permits for projects which would be detrimental to rivers and wetlands lying within or adjacent to unincorporated portions of the County." cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%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 S� TO: Doug Huggett, Major Permits Coordinator SEC 2 0 2004 THROUGH: Ted Sampson, District Manager j� Morehead City DCM FROM: Frank A. Jennings, III, Field Representative DATE: December 8, 2004 SUBJECT: William F. Small (Newbegun Landing) Major Permit Application Recommendations The applicant proposes to construct a road with culverts across an un-named tributary of Newbegun Creek. The proposed development site is located in the southeastern section of Newbegun Landing Subdivision. The site is on Broomfield Trail (pvt) at the end of Small Drive (pvt), which is an extension of SR 1131 in Pasquotank County. The development proposal will result in bottom disturbance of approximately 600 square feet of PTA, EW, AEC during the installation of the culverts' road abutment and overfill. Approximately 2,825 square feet of 404 wetlands located within the ES AEC will be filled by the proposed roadbed and road top. Approximately 5,225 square feet of ES upland area will be disturbed and filled by the construction of the roadway. Approximately 2,875 square feet of impervious surface will be placed within the ES AEC, which represent approximately 13 percent coverage. Navigation upstream will be impeded by the structure; however, there appears to be no evidence of navigational use of this ditch. Surface runoff from the roadway will drain into the adjacent water body. A private road is defined as a use that is not water dependent and shall not be permitted in Estuarine Waters and Public Trust Areas [7H.0208 Use Standards(a)(1)]. A culvert is defined as a use that may be considered water dependent and may be permitted as long as the development does not impede navigation or create undue interference with access to, or use of, Public Trust Areas or Estuarine Waters [7H.0208(a)(2)(H)]. Although the proposed culverts will have 6 feet of clearance at the center, the presence of culverts might deter public use of this water body and would prohibit portage because private lands would have to be crossed. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight N , Doug Huggett William Small Recommendations December 8, 2004 Page 2 The installation of the culvert, road abutment with backfill, and road surface would result in a private paved road within 30 feet of the normal water level which appears to be in conflict with 7H.0209(d)(10). It is recommended that the development proposal be denied with a recommendation that the applicant consider a bridge. FAJ/ybc 10 DEPARTMENT OF THE ARMY Dip \ WILMINGTON DISTRICT, CORPS OF ENGINEERS�i & Washington Regulatory Field Office P.O.Box 100'0 J 0 r ' Washington,North Carolina 27889 1000 004 IN REPLY REFER TO &10rehu:,jC1 V tY C)CM Regulatory Division Action ID: I � 'RL Applicant: �'�`I '� 1 ��'v'3 T• �� �;"A Waterway: ounty: 'York Type: i " Q 1� c iR Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc, NOAA Division of Coastal Management Pivers Island NC Department of Environment,Health Beaufort, NC 28516 and Natural Resources Hestron Plaza I1, 151-B Highway 24 Mr. Pete Benjamin Morehead City, NC 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 AV• �� £��i y � Raleigh, North Carolina 27636-3726 �-t Regional Office Division of Coastal anagement Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV aid atural Resources Water Management Division U.S. Environmental Protection Agency ' �- 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed. Your com ent and/oox recommendations would be appreciated on or before > r !�2 Questions or comments may be addressed to Mr. Raleigh Bland,Washington Regulatory Field Office, telephone (252)975-1616, extension 23. Sincerely, W Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure SEAM State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F.Easley,Govemor William G.Ross,Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 2, 2004 Mr. William F. Small 508 East Main Street, Suite 214-A Elizabeth City, North Carolina 27909 RE: Newbegun Landing, Phase II Drainage Basin: Pasquotank Pasquotank County Dear Mr. Small: 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 mandator,Lstandard for land-disturbing ad3dly 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. -r..abs^=ncRciFAnA iGY Mr. William F. Small December 2, 2004 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 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 DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 2, 2004 MEMORANDUM TO: Doug Huggett Major Permits Processing Section Division of Coastal Management FROM: Pat McClain Regional E sneer Washington Regional Office RE: Applicant: William F. Small Location: SR 1126 County: Pasquotank This office will require: 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 15 working or 90/60 calendar days after project completion. 3 . The exterior slopes of the disposal area dikes be at an angle no steeper than 1 .5 H: 1 V. 4 . Appropriate erosion and sedimentation control devises, measures or structures be used to prevent sediment from entering the adjacent wetlands/watercourses/property. 5. A ground cover sufficient to restrain erosion be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes XXXX 6. An erosion and sedimentation control plan must be submitted at least 30 days prior to beginning this or any associated land disturbing activity. 7 . Additional information concerning the area (s) of the land disturbance be submitted to determine if an erosion control plan is required. 8 . Other: RCDENR 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, 2004 np MEMORANDUM: RMF ` V ED TO: Mr. Jim Simons, Director DEC 0 6 2004 Division of Land Resources FROM: Doug Huggett Morehead City DCM Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ✓G/' DATE 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight 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, 2004 MEMORANDUM: TO: Mr. William A. McNeil, Director NOV 3 0 2004 Division of Community Assistance Morehead City pCM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED —,�� ,1 j��2 DATE /l — 9 y- 1367 U.S. 17 South,Elizabeth City,North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight R c'el v' All _ DEC 141�; NCDENR 'aAsrAl North Carolina Department of Environment and Natural Resourc6t/Z4g�H`TM�Nr Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director. William G.Ross Jr.,Secretary November 22, 2004 ' `F E 'F } MEMORANDUM: 1004 TO: Ken Pace More`lC;Qd C' I�-- NC DOT, State Construction/Materials B amth ��� �Ec 2QII4 FROM: Doug Huggett i ' II Tj�I CT I O r PI C C Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: _ (� This office has no objection to a ppro ect as proposed. !G �13v.,re. r's po nio -{v �fu,�c 6S 6kW 7WSG Ax�cur This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED _ DATE g l 9I0 T 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight �A 111021 - L74 Nov 24 2anA NCDENR North Carolina Department of Environment and Natural Resources VWS&VATk-*OFFvV Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director �.a, William G.Ross Jr., Secretary November 22, 2004 MEMORANDUM: :) U4 p 4 - 3090 TO: Renee Gledhill-Early Morehead City I)CM NC Department of Cultural Resources l�l i3 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. 6 This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 12 -� -O-� 1367 U.S. 17 South,Elizab City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NOV 2 9 2004 A NCDENR ' t9 004 North Carolina Department of Environment and Natural Resources Division of Coastal Management Ivjir� �;y jii;�aU Litt, Michael F. Easley, Governor Charles S.,J � M R William G. Ross Jr.,SecrdtaPCM November 22, 2004 D DEC 7 20M MEMORANDUM: SHELLFISH SANITATION O lb _ TO: Patty Fowler NC DENR - Div. Of Environmental Health NOV 24 FROM: Doug Huggett Major Permits Processing Coordinator SHF<<aiSHs qN SUBJECT: CAMA/DREDGE & FILL Permit Application Review ��oN Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision r 06UAK, 7 Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. A This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED /%�� ��� �..fl, Howl DATE lA - 1367 U.S. 17 South, Elizabeth City,North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight • z Aria NCDENR , North Carolina Department of Environme °. + . ",[a Division of Coastal Ma ' ent Michael F. Easley, Governor Charles S. Jones, Director DEC 2 G. Ross Jr., Secretary November 22, 2004 Morehead City DCM MEMORANDUM: D E C E W E TO: Joe Henderson �l NC Department of Administration NOV 2 4 2004 FROM: Doug Huggett DOA STATE PROPERTY OFFICE Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED (JIL) DATE 0 1367 U.S. 17 South, Elizabeth City, North Carolina 27 09 hone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight E . i FqCDENR 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, 2004 MEMORANDUM: TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision Proposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. X SIGNED DATE bouKkazabeth city,North Caro' Phone: 252-264-3901 \FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight i 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, 2004 MEMORANDUM: d TO: Mr. Preston P. Pate, Jr., Director NOV Q � 2004 Division of Marine Fisheries DWHABITAT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William F. Small Project Location: Off SR 1126, Broomfield Trail, Newbegun Land Subdivision I u d -t4< cl--tProposed Project: Construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment . SIGNED DATE — Z Z —� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight MAJOR PERMIT FEE MATRI Applicant: William F. Small (Newbegun Landing) NOV 2 9 2004 WON i Selection Development Type Fee DCM % DWG1 /o (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(B). For public or ❑ commercial development, if $400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Z Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: ATLANTIC ENVIRONMENTAL 02-03 CONSULTANTS, LLC 1325 252-261-7707 P.O.BOX 3266 Date l�//R/Oy 6 6-1 9153 0 NC KffW HAWK,NC 27949-5266 4701 Pay to the ,. order of NG OcyiZ $ Dollars 8 �' Bank of America ACH R/r 053000196 w 14 r. For NCl✓(Yf✓�✓— G4�,4 A✓1/�SSa� -- ---- -- ----"� 1:053000L96i: 0006934420.? Su' L325 d A� 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 FAX MEMORANDUM ?§F F0I VED TO: The Daily Advance NOV 2 9 2004 Elizabeth City, NC Morehead City DCM FROM: Yvonne Carver Administrative �istant DATE: November 22, 2004 SUBJECT: Public Notice —William F. Small Please publish the attached Notice in the Friday, November 26, 2004 issue of The Daily Advance. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jay Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Attachment M. Doug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www,nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 8, 2004. According to said application, William F. Small proposes to construct a road with culverts across an un-named tributary of Newbegun Creek to access upland property located at Broomfield Trail in Pasquotank County. A copy of the entire application may be examined or copied at the office of Frank Jennings, Field Representative of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to December 16, 2004, 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: November 26, 2004 Y � 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, 2004 Roxanne and Doug Dorman Atlantic Environmental Consultants NOV 2 9 2004 P.O. Box 3266 Kitty Hawk, NC 27949 MOrehead City DCM Dear Roxanne and Doug: The Division of Coastal Management hereby acknowledges receipt of the application for William Small submitted for State approval for development of property located at Broomfield Trail in Pasquotank County. It was received complete on November 8, 2004, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 22, 2005. When such time is necessary to complete the review, an additional 75-day review period is provided by law. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from the date received, you may request a meeting with the Director of Division of Coastal Management (DCM) and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www,nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight c Roxanne and Doug Dorman November 22, 2004 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,, W 99-,- Frank A. Jennings, III Coastal Management Representative FAJ/ybc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC i , o 4 No N U 1 (0$ lj ca z 0 LCAMA E MIT S0 .. G AP LIE F PROJECT: C oAj S 7-/?Q c,T' 4 N c ,a- AD L.�TS /12 AN1> /Sb'F AC({ QsJ tX (Si/I'UG 17 , TCF( , AC/20,11 06-7-c.AnJD Ff 7-Is caNNtST- ?Tb c r, ( -r l Q, nl 'Z R 1_� 9Z J 4 a To IS cc L SI u. /+N D EKry, COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Q1, (K- r J /i. o� f 11- t i('�P.il kC S dJ V S O b -. m-1" n -S f .Svt r� .Z/Y/� b 7' E1: 2 a b f-k e y h, , ,� c 2� g�9 �3 � ? u. .r i 7 s S2 ' :7,Col - 7707 n r ATLANTIC ENVIRONMENTAL CONSULTANTS, ftQE1VE0 P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 fax (252) 261-2965 OCT 2 120�n, CERTIFIED MAIL C® ELIZA ETH CITY RETURN RECEIPT REQUESTED Ty October 11, 2004 Triangle Pacific Corp. NOV 2 9 , C/O Armstrong ?Ofl4 PO Box 3001 MOreheaa Cit Lancaster, PA 17604 y ACM Dear Triangle Pacific Corp., This letter is with reference to the enclosed CAMA Major Permit Application and plat for William F. Small who own's property adjacent to your property on the Newbegun Creek in Elizabeth City, Pasquotank County, North Carolina, Mr. Smalll is proposing to construct a road over the Newbegun Creek to access this portion of his property. This letter serves as notification to you of the proposed activity for this project adjacent to your waterfront property. If you have no objection to our client's proposal, please sign and date the bottom of this letter and return it to our office. I have also enclosed a copy of this letter for your records. If we have not heard from you within 30 days it will be considered that you have no comments to this project. If you have any questions please do not hesitate to call me at 252-261-7707 or contact the NC Division of Coastal Management. Sincerely, A�g6zorman SIGNATURE DATE ATLANTIC ENVIRONMENTAL CONSULTANTS, EiVE® P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 fax (252) 261-2965 OCT 2 1 2004 00ASTAL AMNA CERTIFIED MAIL �FUZAS�H CIT.EN7- RETURN RECEIPT REQUESTED r October 11, 2004 Tommy Hall 935 Quail Ct. Geneseo, IL 63125 Dear Mr. Hall, This letter is with reference to the enclosed CAMA Major Permit Application and plat for William F. Small who own's property adjacent to your property on the Newbegun Creek in Elizabeth City, Pasquotank County, North Carolina. Mr. Smalll is proposing to construct a road over the Newbegun Creek to access this portion of his property. This letter serves as notification to you of the proposed activity for this project adjacent to your waterfront property. If you have no objection to our client's proposal, please sign and date the bottom of this letter and return it to our office. I have also enclosed a copy of this letter for your records. If we have not heard from you within 30 days it will be considered that you have no comments to this project. If you have any questions please do not hesitate to call me at 252-261-7707 or contact the NC Division of Coastal Management_ Sincerely, Doug Dorman SIGNATURE DATE ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 �E'v�® (252) 261-7707 fax (252) 261-2965 OCT 21 2004 CERTIFIED MAIL ^"OASTAL RETURN RECEIPT REQUESTED l ELIZA[3E jAC7.Y October 11, 2004 sly TCOM ' . 11 a 7115 Thomas Edison Drive Nov 2 g Columbia, MD 21046-2113 20�¢ Morehead City DCM Dear TCOM, This letter is with reference to the enclosed CAMA Major Permit Application and plat for William F. Small who own's property adjacent to your property on the Newbegun Creek in Elizabeth City, Pasquotank County, North Carolina. Mr. Small is proposing to construct a road over the Newbegun Creek to access this portion of his property. This letter serves as notification to you of the proposed activity for this project adjacent to your waterfront property. If you have no objection to our client's proposal, please sign and date the bottom of this letter and return it to our office. I have also enclosed a copy of this letter for your records. If we have not heard from you within 30 days it will be considered that you have no comments to this project. If you have any questions please do not hesitate to call me at 252-261-7707 or contact the NC Division of Coastal Management. Sincerely, Doug Dorman SIGNATURE DATE R-1 . ......... __........ Vi Is aff M-W-M' 17- i;0. cr_ t c a rt MM e-7 ::r, lam rn.,-"4a. r? C3- a t-+ t-4 t4 rt F (a tzf-� 7 1.3 - -- : C7� ba­4-�—rr In-ca"M a �i7 I' is. *,.-�-:�-r�-:r��. ,�.-'�---�*-. . a - - va (a cy rr C -wL M --:0 -ftF 14:r F'- En 0 tE: 0 CA MPIO 70— 93. A3. cr rr La C3 m M a.- �0- M- C5. _ 0 !2: "-"Ott CL -h "0+l*(M OL-M rr I En rt" rn :3 0 -M Xk, Cy 'rt Z. =:I:(M- -at cx fit tr -lb EO L rt— Cl, 1-t- Q_ J_h t_*,. _a _�Jt -t rl m 0 ci W, w P). 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SD Sou 9°0^as t 151. 1 Feet; SottE 14. 5u42' Last S 26°21 t; Sout feet; 127`40" East 130. 2 e South 27001' .East 121. 7 feet; South 19001! la East 284. 6 feet; South 56°32' East 88. 7 feet; South 22°32' East 342. 2 feet; South 3*53' West 149. 9 feet; South 12°59' 20". East 234. 6 feet; South 16109' East 196. 1 feet; South 64°00' 20" East 47. 5 feet; South 17°02' 20" East 531. 15 feet; South 23047 ' 20" East 203. 5 feet; South 20°08 ' 20" East 191. 1 feet; South 28°07'20" East 263. 1 feet; South 24°04' East 329.4 feet; South 22010'40" East 147. 8 feet; South 31028' 20" 1 East 372. 1 feet; South 71°14' 20" East 62. 5 feet; South 27°02' 20" East 93. 8 feet to a point at the intersection of the Western shoreline of the Pasquotank River with the Northern shoreline Of Newbegun Creek; ' thence along and with the Northern shoreline of Newbegun 'creek the following courses and distances: South 58°49'40" West 101. 5 feet; South 79042' West 121. 2 feet; South 88°42' 20" West 127. 3 feet; South 63°57' West 193. 5 feet; South 17°47 ' West 117. 0 feet; South 23041'40" West 169. 1 feet; South 56012'40" West, 73. 6 feet; South 23°55' West 88. 95 feet; South 12'27140" West 176. 3 feet; South 77013'40" West 77._50 ..feet;.-feet;.--,.- -. -.South,,- 3-.South,,-30'22'40" 'West 351-. 7 -feet; North 70°58' 20" West 35. 2 feet; South 68°04'40" West 180. 1 feet; South 67010'40" West 173. 1 feet; South 72°29'40" West 98. 3 .feet; North 67007' West 136. 3 feet; North 51054'40" West 151 feet; North 10011120" West 255. 8 feet; North 26°26'40" West 98. 9 feet; North 9°29'40" West 126. 35 feet; North 16032'40" West 170. 2 feet; North 27°49' 20" West 115. 65 feet; North 38°04' West 141. 3 feet; North 56°17 '40" West 122. 3 feet; North 73°21' West 178. 75 feet; North 70°36' West 205. 35 feet; North 74°55' West 94. 0 feet; North 81058 ' West 194. 15 feet; North 85°59' West 139.4 feet; North 70°30' West 111. 3 feet; North 41047 '40" West 168. 85 feet; North 82619'40" West 136. 75 feet; South 81°26'40" West 75. 0 feet; South 60°10'40" West 191. 1 feet; South 78°53' West 92:35 feet; North 72°25' West 173. 55 feet; North 72°51 ' West 236. 57 feet; South 70°17' West 240. 5 'feet to a point in the Northern 'shoreline of Newbegun Creek, said point being the point and place of beginning. And being the same property containing 265. 19 acres shown and delineated as "B1k. No. 2, William A. and G. E. Small, Jr. " on that certain map or plat entitled in part "G. E. SMALL & SONS, INC." dated June 8, 1979 and prepared by S. Elmo Williams, registered surveyor, which map or plat is recorded in Map Book 8, Page 1.5 , in the Public Registry of Pasquotank County, North Carolina. This being a portion of the property conveyed in that certain deed dated August 23, 1979 from Westinghouse Electric Corporation--to -G.-EE SMALL -&- SONS; -INC•:,. which deed is recorded in Book 412, Page 411 in the Pasquotank LA*OrFiCES Public Registry. TO HAVE AND TO HOLD the aforesaid parcel of land together with all privileges and appurtenances thereto belonging unto the said Parties- bf the Second Part, their heirs ' and assigns , in fee simple. IN WITNESS WHEREOF, G. E. Small & Sons, , Inc. has caused this deed to be executed in its corporate name by its President and attested by its Secretary, and sealed• with its corporate seal, all by authority of its Board of Directors on the date above stated: G. E. SMALL & SONS, NC. By ,,,,`fir,,•,. -, 'President $'it;� t I��/ � 1, ' '. •1 AROURA TA,NIt' COUNT Y T, the undersigned Notary. 'Public, do hereby certify that . Gaston E. Small, Jr. persoftAlly came before me this day and acknowledged that he is Secretary of G. E. Small & Sons, Inc. , and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested, by himself as its 0 Secretary. WITNESS my hand and notarial seal, this day of October, 1979. �t'`,•I�' A Notary Pu is Iyceott6i8sion Expires : • "iJ. NORTI# CAROLINA PASQUOTANK COUNTY The foregoing or annexed certificate of Virginia E. Bundy a Notary Public of the County of Pasquotank , State of North Carolina, is certified to be correct. This the 30th day of November . 1979. R i' ter o ee s By As ista t ftPRtyx W dFFICtS Y£}IIALL;YBULLEN, hNUMSEV it SMALL i tt,Win Sttebi YAUETNCItY,N.C. d a , z an Y of 9. O the y 9790 trod 'registered tin the da of 1 1 1 I , 1 r Re�is'�er of Deeds r , , 'sari' .r.fl r it Tit�1.}}Mr ' ,M�4!ItiAb•' :iwr r p'•�• y.r,... 'r A � , :;,, . .:1.¢' .1.' I lYl+I�1,1,�SI N}1ri1JC; sty,�'�.i j ,:J -,., _ '- � ' .r•i,�� .�,•,ty I�S i a r NN� a y a 7M1 r• r Sr .� •.. �'{lf }JI ��/�f;l JJ I. A�,+ I.ti }45;r o � t r ', � � r , .:t,;.• t r_; '1�i��+EA p`�t•!Y+{'` ry"r.� �Xrt r . 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