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HomeMy WebLinkAbout154-05 Widgeon Creek Hunt Club, LLC .„.;.;.}a�:iw,rro•ao-a}<,:-,arswr;.;•rwc.cs•:•c•,.:•:awc•co-ato-o-acw;r;�o-a�:ww.yc-o-;:�.aa,�fx�as•:a:->a;-ys•sar:rx�:•ra•r,-waa,4as:ttaw>aws•,as•r:-:css,: -o-o-c:-.wa.c,-o-ri,,s rroaaa•;•r::;r:�raao-<roaa:•t<. Permit Class Permit Number NEW _ 154-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 'Copy 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 Widgeon Creek Hunt Club,LLC, 621 Maple Avenue,Asheboro,NC,27203 Authorizing development in Carteret County at Smyrna Creek and Oyster Creek, 201 Black Duck Rd., Davis , as requested in the permittee's application dated 1/1/05.inc.attached drawings(10). "DCM-MP-2 Att.3-5&DCM-MP-5 Att 2-6"dated 11/04,"DCM-MP-5 Att.7"dated 12/04,&"DCM-MP-2 Att 2"dated 4/14/04 This permit, issued on October 12,2005 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below.Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) Prior to any excavation or filling of impoundment #2, a representative from the Division of Coastal Management shall flag the areas of Coastal Wetlands located on Dike #2. No excavation or filling of these wetlands is authorized. 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department .� harles S. Jones, Director personnel when the project is inspected for compliance. Division of Coastal Management Any maintenance work or project modification not covered hereunder requires further Division approval. This permit and its conditions are hereby accepted. All work shall cease when the permit expires on December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. Ov}3•:+rYif4{i-0vfi-0�•�At�.-00^i444hY•t�rrQrt4?•?i:-0�C•44+drWPhK-04Ci✓r}4�7•i:4'h4G4t^44.,W 9fi4:•}S^YrT:•'P4'Yx'n:rCi•iw•}?4J•:+.W+iSh4•i+ri.?P:tai+?J<�:-Wi4•}:.vE?!•4t`v{d??MN�`�Y 9W`•4^44�14d}4Q=444<^}+W;r{.p.;.}.Yr.j AVidgeon Creek Hunt Club,LLC Permit# I54-05 Page 2 of 4 ADDITIONAL CONDITIONS y placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 5) The authorized project is located adjacent a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted other than that necessary for placement of the 5 authorized culvert pipes. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) All excavated materials shall be confined to the areas indicated in the application forms and on the attached workplan drawings. Any proposal to alter the areas to be filled shall require permit modification. Sedimentation and Erosion Control 7) An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Any violation of the Erosion and Sedimentation Control Plan shall be considered a violation of this permit. 8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately around all of the areas to be filled prior to any backfilling activities. Shoreline Stabilization 9) The alignment of the permitted riprap shall be staked by the applicant or the authorized agent and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by the applicant or authorized agent and re-approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the new expected start of construction. 10) The alignment of the approved riprap shall not extend more than 6 feet from the normal high water level at any point along its alignment. 11) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. qq�:•.}a+44494Y+t-4•:^}N.'-}C-}YA-'r',K-4ii-i9.4Sr}v-54t'?}Y,+<N•Wir<K-'rY.•%iii..}�.}46+KK•:u:�'•}S•YNM.fS•07 r})vt•}6•)-0T^Y}}i4}bh4{•}S•4:`•?C4?Si•IFY:•,•^iQ^}7454:•44N4G{^Q44Y:Xh}C'!.•..:•;.;:p:346{^Y.44•Yr:Kr:;P. Widgeon Creek Hunt Chib,LLC Permit# 154-45 x Page 3 of 4 ADDITIONAL CONDITIONS 12) The riprap material shall consist of clean rock or masonry materials such as but not lirnited to granite;' marl, or broken concrete. Flashboard Risers/Culverts 13) Unless specifically altered herein, this permit authorizes the placement of the 5-flashboard risers/culverts all as expressly and specifically set forth in the attached permit and workplan drawings. Any proposal to alter the location of the flashboard risers/culverts shall require modification of this permit. 14) Appropriate bedding material shall be placed beneath the culverts to prevent structural subsidence. 15) The permittee shall maintain the flashboard risers 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. General 16) The construction and/or operation of the waterfowl impoundments shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the waterfowl impoundments shall require that the permittee undertake remedial actions to remedy the situation. 17) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: The permittee is encouraged to consult with the Division of Marine Fisheries and the Division of Environmental Health, Shellfish Sanitation to develop strategies that will help ensure that water discharged from the impoundments do not have a negative impact to juvenile finfish and shellfish adjacent to the project site. NOTE: Due to Smyrna Creek and Oyster Creek being designated as primary nursery areas, and Oyster Creek being designated as open to the harvesting of shellfish and as Outstanding Resource Waters, the permittee is advised to exercise caution while operating heavy equipment to ensure failure of the dike walls adjacent to these waterbodies does not occur. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. .•w+la'.ao-a:•sva-:•also-:wear; aaa�o-a•st-attxst•c•rc�b•cast•a'r4awlt•••w,-saaa.-:c��r,.a:-st•err::-SD..a4•aa:•acaw"�o-t•a,>a=traa+t.:r.K.rro-y:aa>,sa�:+.w•K++..sa�+c•r rso-t•x••:.=ar;•rx wva•+ra;d.•soao-ac.��c•o-o•at7 Widgeon Creek Hunt Club,LLC Permit# 154-05 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this detennination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-1461), which was issued on 9/8/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200501090. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles " J--,.te., , Director William G. Ross Jr.,Secretary October 13, 2005 Widgeon Creek Hunt Club,LLC 621 Maple Avenue Asheboro,NC 27203 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped"Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below.Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, V. H Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Widgeon Creek Hunt Club, LLC 2. LOCATION OF PROJECT SITE: Location is adjacent to Smyrna and Oyster Creeks at 201 Black Duck Road, in the Community of Davis, on the left off Hwy 70 after you turn to the left at the intersection in Davis. Photo Index— `00:673-top 1/3, 674-top rt. 1/4, 654-It.1/2, 653 top It. 1/4. `95:656-top 1/3, 657 rt. 1/3, 658 btm 1/4. State Plane Coordinates -X: 2760775 Y: 394666 Rover# L020418A 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— February 7, 2005, July 28, 2005 Was Applicant Present—Yes, Yes 5. PROCESSING PROCEDURE: Application Received —July 28, 2005 Office— Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan —Carteret Co. Land Classification From LUP— Rural, all AEC's Conservation (B) AEC(s) Involved: Coastal Wetlands, Estuarine Shoreline, Estuarine Waters, and Public Trust Areas (C) Water Dependent: Yes (D) Intended Use: Private Impoundments (E) Wastewater Treatment: Existing—none Planned - none (F) Type of Structures: Existing —(1) flashboard riser, diked impoundments Planned -(5)flashboard risers, rip— rap, dike improvements (G) Estimated Annual Rate of Erosion: NA Source—NA 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Vegetated Wetlands 90sf for culvert (B) High Ground 25,900sf spoil 4050sf flashboard area riser installation (C) Shallow Bottom 40sf for riser pipe 225sf rip - rap (D) Shallow Bottom (internal dike wall) 28707sf (D) Total Area Disturbed: 59,012sf (E) Primary Nursery Area: Yes (F) Water Classification: Smyrna Cr.-SA, Oyster Cr.-SA, ORW Open: Smyrna Cr.—No, Oyster Cr.-Yes 8. PROJECT SUMMARY: The project consists of the restoration and improvement of four waterfowl impoundments. The improvements consist of raising the grade on two of the impoundments dikes to the elevation of the other surrounding dikes. Excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes would accomplish this. Some shoreline stabilization in the form of rip—rap would be installed along a 75' section of one of the impoundments. Faashboard risers would be installed (5)to control the water levels between the four impoundments. Field Investigation Report Widgeon Creek Hunt Club, LLC July 29, 2005 Page 2of2 9. NARRATIVE DESCRIPTION: Project Setting The applicant owns a 685-acre tract of diked waterfowl impoundments located off of Hwy 70 East at 201 Black Duck Rd., in the Community of Davis, Carteret County, in between Smyrna and Oyster Creeks. Davis is located in the eastern section of Carteret County. Highway 70 East borders the property to the south, Smyrna Creek is to the west, Oyster Creek is to the east, and Open Grounds Farm property lies to the north. The site consists of (4) diked impoundments located between Smyrna Creek and Oyster Creek. The approximate elevation of the dikes and any high ground is 3' above MHW. High ground plants on site include Pines, Yaupon and Wax Myrtles. Most of the impoundments are open water areas with fringes of Coastal Marsh,mostly Black Needlerush, and Salt Hay. The dikes were built in the 1960's and have since stabilized with natural vegetation. The soils range from a sandy loam to Hobuken muck. The water depths in the impoundments average-2' -3'. There are approximately 9 — 10 miles of dikes around the four impoundments. The only existing development within the impoundments is one flashboard riser between impoundments #1 and 42 that is in need of replacement. The flashboard risers are used to control water levels between the impoundments. By controlling the water levels, the applicant states that they will be better able to manage the habitat, such as the growth of SAV's, salinity, etc.,for the benefit of waterfowl and shorebirds. Smyrna Creek and Oyster Creek are both classified as primary nursery areas by the Division of Marine Fisheries. Smyrna Creek is classified SA by the Division of Water Quality, Oyster Creek is Classified SA — ORW. Smyrna Creek is closed to shellfishing, Oyster Creek is open. The site is unzoned by local government, and is classified as Rural by the Carteret County Land Use Plan, with all AEC's being classified as Conservation. Project Description The proposal calls for excavation within the impoundments to raise the elevation on two sections of the dike that are low. The low sections are located on the southwestern end of impoundment 41 dike and on the western end of impoundment#2 dike. The current elevations of these dikes are+1'above MHW and the proposed finished grades are to be+3'above MHW.The excavated area in the open water in impoundment#1 would be 16'x 1552'x 2'.The bottom substrate is sandy , approximately 1840cy, and would be placed on the dike to dry. The excavated material from impoundment#2 would come from an area 12' 6"x 310'x 2'and is also sandy and would placed on the existing dike. Erosion control measures such as properly installed silt fences along the toe of the spoils would have to be in place prior to excavation to prevent run-off. The fill area on impoundment # 1 dike is 14'x 1500'. There is an area of Dike#1 (approximately 175 linear feet)that is active high Coastal Wetlands that are proposed to be filled. This was delineated on a survey that was signed by the USACE dated July 18, 2005. The fill area on impoundment#2 dike is 14' x 350'. There are fringe areas of Coastal Wetlands along sections of Dike#2 that would need to be flagged before filling,so as to be avoided. Some gravel has been placed on top of the dike in this area to prevent breaching of the dike. The areas that would be flagged may bring the dike disposal width below 14' to approximately 10'. Applicant states that bringing the two dikes up to grade with the rest of the dikes is necessary to control the water levels and quality within the impoundments. A hydraulic excavator on mats would be used to excavate the material from the impoundments and place said material on the dikes to dry. Final grading would be done after the excavated material has dried. A 75' section of dike along the southern side of impoundment #1 is eroding into Smyrna Creek. Applicant Field Investigation Report Widgeon Creek Hunt Club, LLC July 29, 2005 Page 3 of 3 proposes to place stone rip—rap along this non-wetland escarpment. The average distance waterward of the MHW line is 3', with a maximum of 6'. Approximately 20cy of stone would be needed to stabilize the dike. Filter cloth would be placed beneath the rip— rap to prevent further erosion. Applicant proposes to add(4)new flashboard risers and replace(1)existing riser. The riser pipes would be 36" in diameter and the flashboard section of the riser would be 5' high. The culverts are corrugated aluminum pipe with the flashboard located on the impoundment side of the pipe. An excavator would cut the trenches between the impoundments necessary to install the culverts and risers. As soon as the pipes are installed,the trenches would be filled with the excavated material and compacted. Exposed material would be seeded and erosion control measures such silt fencing would be in place before placing of the fill material. The outlet ends of the riser pipes would extend to the edge of either Smyrna Creek or Oyster Creek. The riser end of the pipe will require the excavation of approximately 8sf of bottom below MHW to seat the pipe at the correct elevation. The area between the toe of the dike and the edge of the creek is generally wetlands 5'—6' in width. Approximately 90sf of this wetland area(Black Needlerush)would be filled with the installation of the pipes. The culverts and flashboard risers are to provide a means to circulate water between the impoundments and Smyrna Creek to the southwest side and the impoundments and Oyster Creek to the northeast side. 10. ANTICIPATED IMPACTS: The impacts of the excavation are 28,707 sf of open water area. Turbidity can be expected as long as digging is taking place. The spoil area for the excavated material is 25,900sf. Due to the narrow corridor of the dike for the placement of spoils, extra care would have to be given to erosion control measures. There would be 2,450sf of Coastal Wetlands (Distichlis s ip cata, Spartinapatens)filled on Dike 91. The shoreline stabilization area to be disturbed with rip — rap would be an area 75' x 3' (225sf) of shallow bottom habitat. It would take approximately 20cy of stone to stabilize the area. There should be no high ground disturbance and minimal turbidity. The high ground disturbance from the culvert and riser installation would be approximately 30cy in each installation(150cy total). A total of 90sf of wetlands would be filledby the installation for the ends of the pipes in Smyrna and Oyster Creeks. The area impacted by the excavation for the riser below MHW would be 40sf. Some turbidity could be expected during installation. Mark Hardeman—Morehead City Office—July 29, 2005 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Davis 1. APPLICANT c. Street address or secondary road number 201 Black Duck Road a. Landowner: -' Name Widgeon Creek Hunt Club. LLC d. Is proposed work within city limits or planning jurisdiction? Yes X _ No Address 621 Maple Avenue e. Name of body of water nearest project (e.g. river, City Asheboro State N,C, creek, sound, bay) Smyrna crppk R n4zcter Creek Zip 27203 Day Phone 336 629-3651 3. DESCRIPTION AND PLANNED USE Fax �� ��� OF PROPOSED PROJECT b. Authorized Agent: Name Ben H. Ramsay a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and 621 Maple Avenue excavation and/or filling activities. Address Topping existing Levee stay ng within existing footprint City Installing an additional Ci Asheboro State N.C. flashboard risers. Ri-pl ar-,n nnp. Zip 27203 Day Phone 3 3 6 6 2 9-3 6 51 b. Is the proposed activity maintenance of an existing project, new work, or both? both Fax 336 625-3679 c. Will the project be for public,private or commercial use? Private c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed N07 Perms w;l/be issued m,oe of (=). mdlor project. if more space is needed, please attach proles name. additional pages. 2. LOCATION OF PROPOSED PROJECT a. County Carteret JAN 1 0 2005 Re.Bed 031" Morehead City DCM P1 Form DCM-MP-1 JAN 1 0 2005 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER None CHARACTERISTICS a. Size of entire tract 685 Ace 7-P s n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Surface runoff NWL 3 feet d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. lamer, bbscb Ark lal oss HJarkc=n Ark None Fh-e Imn e. Vegetation on tract Wictxm Gass, Sb ke Rnh M�sk Gass, Blade Na dlerush, Pines, Vbx Myrtle f. Man-made features now on tract Levee System water control structures, 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consul;the locol land are plan.) following items must be submitted:: Conservation Transitional Developed Community A copy of the deed (with state application only) or _ Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not Human Im acted ? claiming to be the owner of said property, then h. How �s the tact zoned by local government? g P PAY. Unzoned forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? x Yes No (Arad,Zoming complwnce ceRificou, tt'appscabli) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes _ No En&eers regarding that agency's use of larger Coastal (marsh) X Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? No requirements and it must be sufficiently detailed to (Arad,ducYrwnuadon, if available) guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name John L. Humber I certify that I am authorized to grant, and do in fact, Address 756 Christopher Road,C h a p e l H i tMnt permission to representatives of state and federal Phone 919 9 4 2-1 2 7 7 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Nary Davis Bradshaw permit application and follow-up monitoring of the Address Grismill Road, Raleigh project. Phone Unplublished Name Branson-Mckenzie 1999 Family I further certify that the information provided in this Address 1087 Bunting Road, Asheboro, NFplication is truthful to the best of my knowledge. Phone 336 629-TU90 f �oDS J_r • This is the day of A list of previous state or federal permits issued for y� work on the project tract. Include permit numbers, Print NameYn S `� permittee, and issuing dates. / Signature None Ic Ia%downer or Awhorked Agent • 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 f DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development • DCM W-4 Structures Information A signed AEC hazard notice for projects in v 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 space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement r?; documenting compliance with the North Carolina Environmental Policy Act. JAB! 1 0 M5 Revised fa3/95 Morehead City CCi'ill Exhibit#3 D 2004 Widgeon Creeks LLC Davis, NC `�:✓""'"� , Carteret County ` JAN 1 0 2005 Form DCM-M-1, Item 3d. Description and Planned Use of Proposed Project Morehead City DCM Project Description The project consists of the restoration of four waterfowl and shorebird impoundments near the community of Davis, North Carolina. Davis is located in the eastern section of Carteret County (see vicinity maps, Exhibits 1 and 2 attached). The impoundments were created in the 1960's by building a series of earthen dikes. Water control structures in the form of flashboard risers were incorporated in the dikes. Adjustment of the riser boards provides a means of controlling the water level in the impoundments. Project Objectives The proposed project will improve the habitat for wildlife by increasing the ability to manage the seasonal water level and the water circulation within the impoundments. This ability will enhance the growth of submerged aquatic vegetation and increase the diversity and health of the wetland plant community. The proposed project includes two types of activity: There are some relatively short sections on two of the dikes that are low in elevation. The top elevation of these sections needs to be raised by "topping"the dike with material pulled from the inside of the impoundment. All the fill material will be placed within the existing footprint of the dikes. The low sections are located on the southwestern end of the impoundment#1 dike and the western end of impoundment#2 dike. Form DCM-MP-2, Attachment 2, is a typical cross section of the existing dike and the proposed fill topping. Form DCM-MP-2, Attachments 3 and 4, are plan and side elevation views of the proposed fill sections. The lowest points on the dikes are currently one to one-and-a- half feet above mean high water. The dike elevation after topping would be approximately three feet above mean high water. One short section (approximately 75 feet) along the southern side of the #1 impoundment dike is eroding into Smyrna Creek. Placing stone riprap along this section is proposed. Form DCM-MP-2, Attachment 5, shows the location of the eroded section. Adding four new aluminum flashboard risers and replacing one existing riser are proposed. The riser pipes would have a 36" diameter. The flashboard section of the riser would be approximately five feet high. Form DCM-MP-5, Attachment 2, shows the location of the five risers. Form DCM-MP-5, Attachments 3, 4, 5, 6, and 7, are plan and cross section views of the risers. Methods of Construction A hydraulic excavator will be used to pull the fill material from the impoundment side of the dike. The fill material will need to settle and dry out for a period of time. Final shaping of the topped section will take place once the material has sufficiently dried and settled. A silt fence will be erected as required along the outside edge of the impoundment to prevent silt runoff into Smyrna Creek. Fertilizer and lime will be applied if needed. The topped section will be seeded with seed recommended for the coastal environment. An excavator or backhoe will be used to cut the trench needed to install the risers. The section for the riser will be excavated, the riser will be put in place, and the section will be immediately backfilled and compacted. Exposed earth will be seeded as required to prevent erosion. 17 JAN I Q 700, Morehead City DCM r-2 I llp XCAVATION %{y�Fzr'7r'!�Zj ANDFILL JAN 1 U 2005 (Except bridges and culverts) Morehead City DCM Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards fill activities. All values to be given in feet. b. Type of material to be excavated Average Final Exepth Project Depth Length Width Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? y Yes No channel (MLW) or(N VL) d. Highground excavation in cubic yards /1/O /FF I Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin / a. Location spot di sal area TLi P `i,.y_1�(0,z "X t Boat be n ,v ramp P x % s d; t C b. Dimensions of disposal area S t 4- Rock x �; .��:.:' groin c. Do you claim title to disposal area? _ Yes No Rock If no, attach a letter granting permission from the breakwater owner. s,x. y+�v Other d. Will a disposal area be available for future (Excluding S ,v 1� DC -r)p_ maintenance? __ Yes "'V No shoreline 7f If yes, where? _�%G f Y/Z�C 'i�0,� Oiy4�GC is stabilization) 7- 4 f N 1 �' J �4�?„A, +0 61e' 1 Revised 03195 Rn Form DCM-MP-2 JAN 1 0 2005 e. Does the disposal area include any coastal wetlands If yes, Morehead City DCM (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes 'L No water (2) Dimensions of fill area f. Does the dispos include any area in the water? Yes N1 No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes "-j_ No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead 1_Riprap b. Length 7 F (2) Purpose of fill ScC— OR/4 DCM-M p a 1-77-aje yN�&r�-T >� c. Average distance waterward of MHW or NWL LEFT 5. GENERAL d. Maximum distance waterward of MHW or NWL 6 Ft:4-T a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion co trolled? s%/7'" �e4 cv'/J v/L yr h•i. duiy h N L c = t? ,e (Source of information) ,v P fi-P o f. Type of bulkhead or riprap material Zlr)A.C' r;,0 I-ap b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level �101R&,-I/c-- f X r4aA p,�Z (1) Ripra' cu /q r?bS (2) Bulkhead backfill // c. Will wetlands be crossed in transporting equipment h. Type of fill material .5/c2..,y(s r ; 4 Z2 to project site? Yes �L No If yes, explain steps that will be taken to lessen / environmental impacts. i. Source of fill material �9>P p�/ S�r�,y� 4. OTHER FILL ACTIVITIES G<�'nUA any CR, ,C k IU C (Excluding Shoreline Stabilization) Applicant or Project Name /:— _ /rJ c (L-- signature a. Will fill material be brought to site? Yes �_ No Date Revised 03/95 Widgeon Creek LLC JAN 1 0 2005 Form DCM-MP-2 Attachmnt 1 Morehead city DCM Excavation and Fill - Description of Work This portion of the project consists of excavating material from the inside of the impoundment and placing it on top of the existing dike. The fill material will bring the height of the dike up to the typical elevation of the other sections of the dike. This work is needed in order to properly control the water level and quality within impoundments #1 and#2. Form DCM-MP-2 Attachment#2 is a typical cross section view of the proposed fill section. Form DCM-MP-2 Attachment#3 includes a side elevation and plan view of the impoundment#1 fill section. Form DCM-MP-2 Attachment#4 includes a side elevation and plan view of the impoundment#2 fill section. The following table summarizes information requested in Form DCM-MP-2 questions 1 and 2: Fill Location Question 1a Question 2b Amount of material Dimensions of"disposal area" excavated below NWL (from Approx length & Approx Area the interior of the impoundment) Width (Feet) (Square Feet) (Cu Yards) Impoundment 1,840 1500 Feet X 20 Feet 30,000 #1 Impoundment 285 350 Feet X 20 Feet 7,000 #2 Total 2,125 37,000 Form DCM-MP-5 s� BRIDGESAND JAN 1 0 2005 Morehead City DCM CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Pernut, Form DCM-MP-1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. g. Length of proposed bridge 1. BRIDGES CO�C h. Width of proposed bridge a. Public Private i. Height of proposed bridge above wetlands b. Type of bridge (construction material) j. Will the proposed bridge affect existing water flow? Yes No If yes, explain c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or k. Navigation clearance underneath proposed bridge NWL e. Will proposed bridge replace an existing bridge? 1. Will the proposed bridge affect navigation by Yes No reducing or increasing the existing navigable If yes, opening? Yes No (1) Length of existing bridge If yes, explain (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert n. Have you contacted the U.S. Coast Guard (2) Width of existing culvert concerning their approval? (3) Height of the top of the existing culvert above Yes No the MHW or NWL If yes, please provide record of their action. Revised 03/95 ZR�jf TM Form DCM-NIP-5 JAN 1 0 2005 j. Will the proposed cu vel a ec lez st g Navigation 2. CULVERTS potential? Yes No If yes, explain a. Water body in which culvert is to be placed 7- b. Number of culverts proposed 1 R v<�'cc'N►Ew 7 3. EXCAVATION AND FILL c. Type of culvert (construction material style) F Forz ji'l nc Nl -/Vl P-� llrn -6"-1 - :c .4 a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? d. Will proposed culvert replace an existing bridge? Yes No Yes No If yes, If yes, (1) Length of area to be excavated (1) Length of existing bridge (2) Width of area to be excavated S (2) Width of existing bridge (3) Depth of area to be excavated ATginclRic (3) Navigation clearance underneath existing (4) Amount of material to be ex vated bridge yards (4) Will all, or a part of, the existing bridge be removed? (Explain) b. Will the placement of the proposed bridge or culvert require any excavation within: v Coastal Wetlands SAVs_Other Wetlands If yes, e. Will proposed culvert replace an existing fFulvert? _ (1) Length of area to be excavated SEA �( Yes No UN e �G/vP2 T—/S (2) Width of area to be excavated �/ �tL�.lE.� If yes, 19 le Acz/y1c (3) Amount of material to be ex vated in cubic (1) Length of existing culvert yards (2) Width of existing culvert (3) Height of the top of the existing culvert above c. Will the placement of the proposed bridge or culvert the MHW or NWL require any higbground excavation? (4) Will all, or a part of, the existing culvert be Yes No removed? (Explain) S If yes, L D r d -M (1) Length of area to be excavated% (2) Width of area to be excavate4 (30 Amount of material to be excavated in cubic f. Length of proposed culvert L7-r6 D /" -/' P SJ yards g. Width of proposed culvert 'CND C d. If the placement of the bridge or culvert involves any excavation, please complete the following: h. Height of the top of the proposed culvert above the (1) Location of the spoil disposal area MHW or NWL 1Z E 1 - P` /-/ S r2' / =t�z / Lj o ),veet-urvl' (2) Dimensions of spoil disposal area i. Will the proposed culvert affect existing water flow? /" ///� ' Yes No j (3) Do you claim title to the disposal area? If yes, explain�e Cc. / Yes No i ' rC U If no, attach a letter granting permission from the own 7 fe>p14eC /4e 05E o f o b-ac // e ce, U14' / /h e C v/✓rKf i s/ i v�,1�4c�. 9.�.y Revised 03/95 Q X C US b to F; / ! po Ao the s % fie _ A Frisni � Form DCM-MP-5 JAN 1 0 2005 Morehead City DCM (4) Will the disposal area be available for future b. Will the proposed project require the relocation of maintenance? Yes No ;U119 any existing utility lines? Yes No (5) Does the disposal area include any coastal If yes, explain in detail wetlands (marsh), SAVs, or other wetlands? Yes No /V 14 If yes, give dimensions if different from (2) above. C. Will the proposed project require the construction of (6) Does the disposal area include any area below any temporary d4our structures? the MHW or NWL? Yes No Yes No If yes, give dimension if different from No. 2 If yes, explain in detail above. /1/ /7 e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project require any work described in Item d. above) to be placed below channels? Yes No NfHW or NWL? Yes \_ No If yes, complete Form DCM-MP-2 If yes, (1) Length of area to be filled e. How will excavated or fill material be ept oq site (2) Width of area to be filled and erosion co of ed? Fl; 4 c,, vet{- &I l� (3) Purpose of fill g R 4 D E 4 h.d s ePC,1P ,tort c vY c'R f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used result in any fill (other than excavated material (for example, dragline, backhoe or -hydraulic described in Item d. above) to be placed within: dr e)? _ Coastal Wetlands_SAW_Other Wetlands 4 c If yes, /VU d, (1) Length of area to be filled (2) Width of area to be filled g. Will wetlands be crossed in polling equipment (3) Purpose of fill to project site? Yes No 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 highground? Yes —'\L_ No h. Will the placement of the proposed bridge or culvert If yes, require any shoreline stabilization? (1) Length of area to be filled Yes _N No ) (2) Width of area to be filled If yes, explain in detail 111o&1 o /J 7XAA.,/ (3) Purpose of fill y-ItI3 Ir A ," GUi D690 J 67rt—_ 4L C 4. GENERAL Apt or Project Name d� M a. Will the propos project involve any mitigation? �'� Yes NNo 1.—� ^ 0 � If yes, explain in detail Dote Revised 03/95 i f ✓ �^'� � crZ+ e wj r $ 70 - W piston Care Banks.,. " 1 av�s Williston f, rna. F Y MW Os _ S/i" Ms ^AXv /.1 S M � ja�se, F + { .� �•. }': t. JAN 1 0 q McrePwad City DCM .PR D.7kTC7-n9�VcE ve avis ✓/9C //V/ T>/ NI A p 'or E Harold Ln �' �192 �� C 7 Cd!/IV r)/ N W E 8 Form DCM-MP-2 Attachment 5 3. Shoreline Stabilization A section of the#1 impoundment dike, approximately 75 feet in length, adjacent to Smyrna Creek is eroding. The erosion has cut into the side of the dike a distance of three to four feet. The proposal is to stabilize the edge of the dike by filling the eroded area with stone riprap. 7w;_4;'E cr, . cru CL X (> v� -,Scc i�orV 1 NPdu�nM�nT # Z � N W E 3 Ti`tPvuti� �wj R O CD RE PL yc�M�Wr R isP�2 n � 1 P�c•�n/��n.� ?t C /�jTiv c/�/ C✓,,j O QIle yr a� y Ln yt': a sT �•' �� y y� �.. �is, .. ` ,•'Y ✓`.��� .. JRj Jjyr}�7'w?,1 A2� l r• �5", ly y 5 h�..� �� F. A. �� �.. 'y 'S 'R, ;' , ����Y""_^ � i,C•�.y���j,�t.�.'V3�� {, S'.0..e4 + l � t ,_,A ..f Alxt� -r- L\`�L"�• ysf C"- ,ti+T� ,t�f �, ,p, �• ,� '`• "' � 9�+7��� J}. � +r'�'G'etw�.ff,Cad�• ? to a,�c� , h �� ' . fff �Ft �� � � P r1 t�A� •►r.uA ,� t y �tt ?l� ,���� +� -�*ary,:��J�+•��jj,i�'fh � �'�'fVef.��,• L � "'t ..� yA� ' y '�K�, MyV�Y � •- � i4y'y�j1,J�'*'`�T �Y', i 'S•' '\ 1. RN .4 f '� f��,r�fY?�1{�r' .f . n O � C //1 0 v l/ �v F, ,L4- lDeJ) A 6 '17'to �� ' •� � q � h �Lt/,q >f)Z I iAle CDl7elkyl,>C/ N J"uc, cis �`• �n/S�1rj�e 1-�T3-,QcNr'�i E ti T /06 Soi-4g9 fl�rve ' / Clu b C5 E o in C r 201 Black Duck Road Davis, N.C. 28524 JAN 1 0 2005 Mop ehead City DCM December 1, 2004 Mr. John L Humber 756 Christopher Road Chapel Hill, N.C. 27514 Dear Mr. Humber: This letter is a follow-up to our phone conversation the last week in March. As 1, stated we recently purchased a 685 acre tract that adjoins your property along Smyrna Creek to the west. This was the old Davis Waterfowl Impoundment property that has been neglected for the past 20 years leaving it in need of significant renovations. In order to complete the site renovations, we will be applying for a permit from the Division of Coastal Management. The application process requires that we contact all adjoining riparian landowners and provide a copy of the application and plats by certified mail, the signed receipt of which is proof this has been done. We must also advise you that you have 30 days to submit comments on the proposed project to the Division of Coastal Management. Our plans are to top (or build-up) approximately 1,500 feet of levee by excavating material from inside the Impoundment. The area toped will remain within the footprint of the existing levee and will require about one week to complete. All required erosion control methods and permits required are to be adhered to. This is the commonly prescribed method of achieving the added levee elevation necessary for proper water control. This method has been used to repair several miles of levee on Impoundments owned and managed by the North Carolina Wildlife Commission within the past three years. Also, there is a place approximately seventy to eighty feet in length where wave action appears to be eroding the levee along Smyrna Creek. We plan to place fabric along this area and cover with riprap. The Impoundments are currently operating with seven flashboard risers. Biologist have recommended we replace one and install an additional five flashboard risers to increase water circulation and the ability to control water levels. This is to aid in the ability to grow desirable plant species. You will see an attached site map with the proposed locations of the proposed water control structures. U.S. ARMY CORPS OF ENGINEERS Wilmington District Action Id.200400263 County Carteret Notification of Jurisdictional Determination Property owner: Ben Ramsey and Al Grisette 621 Maple Avenue Asheboro NC 27203 Telephone Number: (336)953-9300 Size and Location of Property(waterbody,Highway name/number,town,etc.):The propertv is located at the+530-acre Widgeon Creek Impoundment,on the north side of US 70 bordered to the west by Smyrna Creek and to the east by Oyster Creek in Davis Carteret County,North Carolina. Indicate which of the following apply: X There are wetlands on the above described property which we strongly suggest should be delineated and surveyed The surveyed wetland Imes must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Reference our December 11 2003 onsite meeting- also present was Ms Tere Barrett of NC Division of Coastal Management. Because of the size of your property and our present workload,our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the wetlands.Once your consultant has flagged a wetland line on the property,Corps staff will review it,and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed three years from the date of this notification. There are no wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three years from the date of this notification. X The project is located in one of the 20 Coastal Counties You should contact the nearest State Office of Coastal Management to determine their requirements Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program,please contact me at(910)251-4811. Property owner/Authorized Agent Signature Project Manager Signature Mickey Sugg Date January 27, 2004 Expiration Date January 27,2009 CESAW Form 566 1 OCT92 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT:Widgeon Creek Hunt Club,LLC County: Carteret LOCATION OF PROJECT:Adjacent to Oyster&Smyrna Creeks at 201 Black Duck Road,Davis,NC. DATE APPLICATION RECEIVED COMPLETE BY FIELD: Q&4+t05 07lZQIof ✓ FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Mark Hardeman DISTRICT OFFICE:Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEI H: 0 FEE REC'D: $ /� PUBLIC NOTICE RECD: 0 7 Os END OF NOTICE DATE: i' ✓ EJ.HRIP.:PR:O:P:NOTIC�ES -iCan�u��+� ^ u � DEED RECD: APPLICATION ASSIGNED TO: ON: z/05 C) 75 DAY DEADLINE: _1,0 16 S ✓ 150 DAY DEADLINE: MAIL OUT DATE:al of 60S STATE DUE DATE: FEDERAL DUE DATE: Gl I g FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance �¢($ �� t/ Land Quality Section Sl eS -Tp wauj Division of Water Quality of����< °S Storm Water Management(DWQ) State Property Office p� Division of Archives&History Division of Environmental Health :z I 0 6 / C j.V.-" Division of Highways 1 Wildlife Resources Commission BSI Z �Sc Co Division.of Water Resources I Division of Marine Fisheries Submerged Lands(DMF) IL------il CDc�' °I�IZI o� ✓ Z�g0 l oR0 Permit# AL /SQL- 0!' DCM Coordinator: In) MAILING DISTRIBUTION: ✓ /L �n2a3 Permitee: ;4 ,A CJed Un� ��ub��LL � AL . /slne.60 N Agent: -F 4-V DCM Field Offices: Elizabeth City orehead i Was City Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: D ��icke�r OT) Henr O Cultural Resources: nee e i - ar Environmental Health: Terry Pierc.��/ Marine Fisheries: Mike Stre�/ NCDOT: Ken Pace✓ Shellfish Sanitation: Patty Fowler✓ / State Property Office: Joseph Hendersori✓ ater uality: Cyndi Karol (for non-DO John Hennessy Water Re es: John Sutherland Wildlife Resourc _-Maria Tripp David Cox(NCDO ` I Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Mgr 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 19, 2005 Regulatory Division Action ID No. 200501090 and State Permit No. 154-05 Widgeon Creek Hunt Club, LLC 621 Maple Avenue Asheboro, North Carolina 27203 Dear Madam or Sir: Reference your application for a Department of the Army permit to restore and improve four waterfowl impoundments located off of 70 Highway East at 201 Black Duck Road, in the Community of Davis, in between Smyrna and Oyster Creeks, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to rile at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure 1 Copies Furnished without enclosure: Ms. Cyndi Karoly Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh, North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section - Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Ms. Tere Barrett, District Manager and Natural Resources Morehead City Regional Office 400 Commerce Avenue North Carolina Department of Environment Morehead City,North Carolina 28557 and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 2 MEMORANDUM TO: Doug Huggett FROM: Mark Hardeman RE: Widgeon Creek Hunt Club Major Permit—Davis,NC Date: 9/23/2005 The following are my comments and recommendations for the above referenced proposal. The proposal is for the restoration and improvements of four waterfowl impoundments. The improvements consist of raising the grade on two of the impoundment dikes to the elevation of the surrounding dikes. Excavating the open water area of the impoundments and depositing the material on the dikes would accomplish this. This would be consistent with 15A NCAC .0208 (b)(1)(E)(F)(J). There is a 75' area of shoreline to be stabilized with riprap. This is consistent with 15A NCAC .0208 rules governing shoreline stabilization. Flashboard risers(5)would be installed between the impoundments to control water levels. A small amount of wetlands would be impacted during construction; however, the overriding public benefits of wildlife habitat would negate this loss. Therefore, I recommend the project be authorized as proposed, contingent upon the following conditions: 1)Prior to excavation,erosion control measures such as properly installed silt fencing must be in place before digging begins. 2)Matting must be used before placing heavy equipment on the dikes. 3)No vegetated wetlands/marsh grass will be excavated or filled. 4)No excavated or fill material will be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 5)The bulkhead/riprap will not extend waterward more than 5 feet from the mean high/normal water level at any point along its alignment at the time of construction. 6)The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 7) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 13, 2005 Regulatory Division Action ID No. 200501090 i �Y Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Widgeon Creek Hunt Club for a Department of the Army permit authorization to restore and improve four waterfowl impoundments located off of 70 Highway East at 201 Black Duck Road, in the Community of Davis, in between Smyrna and Oyster Creeks, Carteret 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 attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 6. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 9. 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. 10. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 2 12. 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. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office,Regulatory Division, telephone (910) 251-4930. Sincerely, /�� WV' Henry Wicker, Project Manager Wilmington Regulatory Field Office 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 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 3 .t w September 12, 2005 Regulatory Division Action ID No. 200501090 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Widgeon Creek Hunt Club for a Department of the Army permit authorization to restore and improve four waterfowl impoundments located off of 70 Highway East at 201 Black Duck Road, in the Community of Davis, in between Smyrna and Oyster Creeks, Carteret 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 attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as specified in the plans attached to this permit,no excavation,fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919)733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 6. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 9. 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. 10. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct,restore the water or wetland to its pre-project condition. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. The Permittee will maintain the authorized work in good condition and in 2 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. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone(910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Enclosure Copies Furnished(without enclosure): 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 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 BCF: CESAW-RG-UWICKER CESAW-RG-UHARRIS 3 OF WATF� Michael F. Easley, Governor P William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > Alan W. Klimek P.E., Director p Division o1?Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 8,2005 Widgeon Creek Hunt Club, LLC c/o Mr. Ben H. Ramsey 621 Maple Avenue Asheboro,NC 27203 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions 201 Black Duck Road,Davis,NC DWQ Project#051461 Carteret County Dear Mr. Ramsey: You have our approval, in accordance with the attached conditions (WQC#3400)to conduct the following activity located on your property at 201 Black Duck Road, Davis, in Carteret County. This approval allows you to: 1. Maintenance dredge a 1500' X 20' area(1,840 cubic yards) in Impoundment#1. 2. Maintenance dredge a 350' X 20' area(285 cubic feet) in Impoundment#2. 3. Use the excavated material to bring up the height of the dike around the impoundment#1 at the southwestern end and on the western end of impoundment#2. 4. Install four(4)additional flashboard risers and replace one flashboard riser to have better control of the water levels within the impoundments. This includes 40 square feet of shallow bottom habitat and 90 square feet of vegetated wetlands for the placement of the culverts for the risers. 5. Fill a 175'X 14' section of coastal marsh on the dike improvement for impoundment#1. 6. Stabilize a shoreline with the use of 20 CY of stone on a 75' X 3' area of shallow bottom habitat. This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality(DWQ) Wilmington regional Office (WiRO) on August 03, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project,such as(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations,NPDES and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. Please be aware that if you change or modify your project,you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions on the following page: N.C. Division of Water Quality 127 Cardinal Drive Extension (910)796-7215 Customer Service Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NorthCarolina Naturally Page Two Ben H. Ramsey DWQ Project#051461 September 8, 2005 1. No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. 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 this office and a copy to the 4010versight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. Please notify this Office at the number listed below if any problem arises during the construction. of the project that may affect water quality. Please read the General Certification#3400 (enclosed). If you do not accept any of the conditions of this certification, 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 conforming 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 DWQ Permit#051461 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. Sincerely, z Alan W. Klimek, P.E.,Director Division of Water Quality Enclosures: GC#3400 ,abd< ; r Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker DCM Morehead—Mark Hardeman DCM Morehead—Doug Huggett 401 Oversight/Express Review Permitting Unit—Ian McMillan Morehead C;q CCM WiRO THIS IS NOT A Am I T !i WQC #3400 THIS IS NOT CAMA PERMIT CERTIFICATIOA LAMA PERMIT GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997,Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the"Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols.When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; 1 WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC#3400 3 Certification of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date E"T OF rti United States Department of the Interior h o FISH AND WILDLIFE SERVICE Raleigh Field Office yAgc�,, �g,e Post Office Box 33726 Raleigh,North Carolina 27636-3726 September 6,2005 Mr. Henry Wicker �►�l U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington,North Carolina 28402-1890 Subject: Action ID#200501090; Widgeon Creek Hunt Club, LLC, Davis, Carteret County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the subject Public Notice(PN), dated August 9,2005. The applicant,Widgeon Creek Hunt Club,LLC,has applied for a Department of the Army(DA)permit to restore and improve four waterfowl impoundments. The proposed work is being considered under Regional General Permit#198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act (LAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA)(48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1)guidelines (40 CFR 230) and in your public interest review(33 CFR 320.4)in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA) of 1973,as amended(16 U.S.C. 1531-1543). Project Area, Proposed Activities, and Anticipated Impacts The project area,proposed work, and anticipated impacts area are discussed in the Field Investigation Report(FIR),dated,July 29,2005, of the North Carolina Division of Coastal Management(NCDCM). The project area is a 685-acre tract of diked waterfowl impoundments near the community of Davis. The four water fowl impoundments are surrounded by dikes extending to approximately three feet above mean high water(MHW). The existing flashboard risers are used to control water levels between the impoundments and serve to manage the habitat such as the growth of submerged aquatic vegetation, salinity,and other factors for the benefit of waterfowl and shorebirds. The applicant proposes to raise the grade on two impoundment dikes to the elevation of the other surrounding dikes by excavating the bottom of the impoundments. Rip-rap would be installed along a 75- foot section of one impoundment. Five flashboard risers would be installed to control water levels between the four impoundments. The FIR states that the proposed work would dredge 90 square feet(ft2)of vegetated wetlands. Additional dredging of shallow bottoms would impact over 28,700 ft2. Approximately 225 ft2 of shallow bottoms would be filled by rip-rap. 2 Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage Program(NCNHP)database which contains excellent data on the special status species,both federal and state. This database can be accessed by topographic quadrangle(quad)of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific information on species which should be considered in permitting this project. The project area is located in the Davis quad. Occurrence data of special.status species within these quads can be obtained on the internet at< hqp://www.ncnhp.org/Pages/heritagedata.html>. Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the project area. Therefore,the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled. However,the Corps must reconsider its obligations under section 7 of the ESA if. (1)new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner which was not considered in this review;or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Service Concerns and Recommendations While the Service seeks to prevent the loss of any wetland area,the impact of the proposed work would be a net gain for fish and wildlife resources. Overall, the Service does not believe the activities described in the PN and FIR would have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore,the Service has no objection, from the standpoint of fish and wildlife under our jurisdiction,to the issuance of a DA permit for the proposed activities. The Service appreciates the opportunity to comment on this PN. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position,please contact Howard Hall at 919-856-4520,ext. 27 or by e-mail at<howard_hall@fws.gov>. Please provide this office with a copy of the coordinated federal position, if one is developed. Si e , 4 Peter jamin Ecological Services Supervisor cc: John Stanton, U. S. Fish and Wildlife Service,Manteo,NC Ronald Mikulak,US Environmental Protection Agency,Atlanta,GA Ron Sechler,NOAA Fisheries, Beaufort,NC Maria Tripp,NC Wildlife Resources Commission,Washington,NC Ted Tyndall,NC Division of Coastal Management, Morehead City,NC John Dorney,NC Division of Water Quality,Raleigh,NC �OF W ATFRQ Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary 6 North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality August 31, 2005 Mr. Ben H. Ramsay Widgeon Creek Hunt Club, LLC 621 Maple Avenue ;0` Asheboro, NC 27203 ��f� Subject: EXEMPTION Stormwater Project No. SW8 050831 . Widgeon Creek Hunt Club Project Cartere oun y '" Dear Mr. Ramsay: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for impoundment dike improvements on August 3, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 796-7215. SZcely, Ed Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWAT\CAMA\050831.aug05 cc: DCM-WiRO Katrina Marshall, Carteret County Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicel-877-623-6748 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will, DCM Morehead City District Planne Date: August 31, 2005 Subject: Major Permit Application, Requested by Widgeon Creek Hunt Club, LLC. to restore and improve waterfowl impoundments including installing rip rap, flashboard risers, and excavation, on property located at 201 Black Duck Pond Road, adjacent to Oyster and Smyrna Creek, in the Community of Davis, Carteret County,North Carolina. LUP Consistency Determination: The proposal is Consistent With&Not in Conflict with the 1996 Carteret County Land Use Plan certified by the CRC on November 19, 1999, provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters, Estuarine Shoreline, Coastal Wetlands, and Public Trust Waters. The Waters at the project site are classified as SA-ORW (Oyster cr.) and SA (Smyrna cr.). Oyster Creek is open to the harvesting of shellfish and Smyrna Creek is closed to the harvesting of shellfish. The area is a Primary Nursery Area. The Carteret County Land Classification Map designates the subject property AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Carteret County supports the use standards for estuarine,public trust and OR wasters as specified in 1 SA NCAC 7H.0207. "(Section IV Marine Resource Policy (a), pg. IV- 14) "All construction along estuarine shoreline will be in accordance with Carteret County Subdivision and/or Zoning Ordinance. " (Residential, Commercial, and Industrial Development Impacts on Resources, Policy(d),pg. IV-14) Cc: Tere Barrett, Morehead City District Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary Me o ice, To: Dog ggett r Permits Processing Coordinator From: Patricia L.Murphey 41-N Marine Biologist Supervisor Thru: Mike Marshall A)'��, Central District Manager Date: 8/26/2005 Re: CAMA Dredge/Fill Permit Application for Widgeon Creek Hunt Club,Carteret County,North Carolina. The NC Division of Marine Fisheries (NCDMF) has reviewed the application and is concerned about the placement of an additional flashboard riser along the dike adjacent to Smyrna Creek for impoundment #2 in addition to the replacement of an existing flashboard riser in the dike adjacent to Smyrna Creek for impoundment #1. Smyrna. Creek is a very productive Primary Nursery Area and changes in the salinity, oxygen levels, and temperatures resulting from drainage from these impoundments into the creek would be detrimental to juvenile finfish, blue crabs and shrimp that utilize this area. The NCDMF recommends that the flashboard riser for impoundment #2 be placed in the southern most dike in order to minimize impacts from changes in salinity, oxygen and temperature to Smyrna Creek. The NCDMF also recommends that any water exchange through the flashboard riser in impoundment#1 only occur during the winter months (October through February) in order to minimize impacts to juvenile shrimp,crabs and finfish. The NCDMF is also concerned about the ability of the dikes adjacent to Smyrna Creek to support the weight of the hydraulic excavator during excavation of material adjacent to the dikes resulting in failure of the dikes adjacent to Smyrna Creek. The dredge moratorium from April I"through July 31 should be observed for all in water construction. Nor thCarolina 3441 Arendell Street,P.O.Box 769,Morehead City,North Carolina 28557 Aaturallrl Phone: 252 726-7021 1 FAX: 252 726-60621 Internet:www.ncdmf.net An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%post Consumer Paper Fc-yced-4-a r i r, North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator ,.p�, Habitat Conservation Section DATE: August 22, 2005 SUBJECT: CAMA Dredge/Fill Permit Application for Widgeon Creek Hunt Club,LLC, Carteret County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 201 Black Duck Pond adjacent to Oyster and Smyrna Creeks near Davis,NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended,and the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C. 661 et seq.). The applicant proposes to restore and improve four existing waterfowl impoundments. Improvements include raising the grade of two of the impoundment dikes to the elevation of the surrounding dikes by excavating the impoundment bottom and depositing the dredged material on top of the lower dikes, replace one existing and install four new flashboard risers,and reinforce a 75' section of dike adjacent to Smyrna Creek with riprap placed along the non-wetland escarpment. Smyrna Creek is classified SA by the Environmental Management Commission, is designated a primary nursery area (PNA), and is closed to shellfish harvesting. Oyster Creek is classified SA-ORW, is designated a PNA, and is open to shellfish harvesting. NCWRC does not object to the project as proposed.However,we are concerned with the possible impacts Smyrna and Oyster creeks may receive during construction.We strongly recommend all sedimentation and erosion control measures are implemented prior to any construction and monitored regularly to ensure effectiveness. This is especially important due to the vicinity of the designated PNAs within Smyrna.and Oyster creeks. Sedimentation and elevated turbidity levels within these areas can adversely impact juvenile aquatic resources. To minimize these impacts,NCWRC endorses any moratorium the North Carolina Division of Marine Fisheries(NCDMF)may request as a permit condition for work done within the waters of either creek. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information,please contact me at(252)948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh. NC 27699-1721 Telephone: (919) 733-3633 ext. 281 0 Fag: (919) 715-764 C1 State of North Carolina Department of Environment and Natural Resources Division of Environmental Health )'a Michael F. Easley, Governor Ay6�' ar� NCDENR lk��"��+••� NORTH CAROLINA DEPARTMENT OF William G. Ross, Jr., Secretary ENVIRONMENT AND NATURAL RESOURCES Terry L. Pierce, Director / MEMORANDUM August 12th, 2005 TO: Doug Huggett „ta� Major Permits Processing Coordinator FROM: Shannon Jenkins Shellfish Sanitation and Recreational Water Quality Section SUBJECT: Widgeon Creek Hunt Club LLC Waterfowl Impoundments The four waterfowl impoundments are located between Smyrna Creek and Oyster Creek in Carteret County. In the recent past, Oyster Creek was re- classified from Conditionally Approved-Closed to Conditionally Approved-Open for shellfish harvest. Smyrna Creek is currently classified as Prohibited. The applicant wishes to install culverts with flashboard risers to increase circulation between the impoundments and the two creeks. The concern is that fecal coliform bacteria from wildlife utilizing the impoundments may negatively affect the Conditionally Approved-Open status of Oyster Creek. Any flow from the impoundments to Oyster Creek may cause additional temporary closures or possibly a decrease in classification to Conditionally Approved-Closed or Prohibited. Two new culverts are proposed to connect to Oyster Creek. Having all the culverts and flashboard risers connect to Smyrna Creek instead of Oyster Creek may decrease potential fecal coliform impacts due to the Prohibited status of Smyrna Creek. If the project is approved as proposed, our office requests that we be notified before water is to be discharged into Oyster Creek from the impoundments. The following condition would be requested: When waters from the impoundments are to flow into Oyster Creek, a minimum of 24 hours notice be given to Shellfish Sanitation & Recreational Water Quality Section. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 ~ WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO 4 _g 6,S Regulatory Division D I Action ED. �2'DDs c)f b g0 Applicant: 0-) 1, �eoK CXP-iek Waterway: 5murNO 6 County: �a'4fzd Type Work: Mr.Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J. Mikulak,Chief Without enclosures Wetlands Section—IV Water Management Division Mr. Doug Huggett U.S.Environmental Protection Agency Division of Coastal Management 61 Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 400 Commerce Avenue Mr. Pete Benjamin,Field Supervisor Morehead City,North Carolina 28557 Fish and Wildlife Enhancement _ U.S.Fish and Wildlife Enhancement (rpi Post Office Box 33726 Regional Office Raleigh, North Carolina 27636-3726 Division of Coastai Management NC Department of Environment, Health Commanding Officer and Natural Resource United States Coast Guard - bo r Marine Safety Office M,C5 7 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr. David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ED No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sin erely, Henry icker, Project Manager Wilmington Regulatory Field Office Enclosure 1 January 5, 2005 North Carolina Department of Environment and natural Resources Division of Coastal Management Morehead City Office Dear DCM, Enclosed are the following CAMA permit application documents for Widgeon Creek Hunt Club, LLC: CAMA permit applications; Forms DCM-MP-1, DCM-MP-2 and DCM-MP-5 Copy of property deed Copy of the notification letters with certified mail return receipt send to the three adjacent waterfront owners Check for the permit application. Please let me kno ' you need additional information. Al Grisette Member Manager, Shareholder Widgeon Creek Hunt Club, LLC 106 Solara Drive Goldsboro,NC 27534 919-734-8400 agrisette@taloving.com JAN z Q z9Q5 Morehead City DCM � R.ECEIVED © ._AWA AUG 0 3 2005 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 August 1, 2005 MEMORANDUM: r TO: Linda Lewis ` C Noel Lutheran Division of Water Quality , FROM: Doug Huggett 10- Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis, NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes, rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005. If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Fm mi nr r)nrfiinity 1 Gffirmativo Am;—C. J..., cno, n........�, ,nn. — AZIA � 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 August 1, 2005 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis, NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. l./fhis 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. 12 SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management AMgtfd tI.,lZW5 Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM: — TO: Local Permit Officer Carteret County FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis, NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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. SIGN D ` """ ` DATE S_— J^— 4�) J 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Ai NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management —J City Dr.A4 August lict Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM: TO: Joe Henderson State Property Office AUG — 2 2DO5 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis, NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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 �L-OATE 31 " 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper 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 August 1, 2005 MEMORANDUM: TO: Mr. Dan Sams For Mr. James Simmons Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis,NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along q a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at(252) 808-2808. 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 t 1I incorporated. See attached. / p / `1 �Q [roS:ate. t jG0`w.lr"T Le�-1 pla.. a r( C-17t ._ ob—d A/ �re"M its htCe 'Sa11 1'r 01:3 .P'1�4' This agenc cob�ects to the project for reasons described in the attached comments. SIGNED , DATE ommerce orehead I y,�oairfo I�nDa Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Ecual O000rtunitv 1 Affirmative Action Emnlnvar—.girl%RAr.vr1P.d 1 10 Pnct r'nnciimar Panar 77, NCDENR AUG �05 North Carolina Department of Environment and Natural Resources Division of Coastal Management -y— AhlgWg I.,Wlff, Governor Charles S. Jones, Direct tiara 6. secretary F9 MEMORANDUM: 1p� AUG 2 2 2005 1. 762 TO: Renee Gledhill-Early Morehead City NC Department of Cultural Resources . �q/tv/os FROM: Doug Huggett L614 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC ©u,� �� G IO Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis,NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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 K1/ DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 AUG 0 5 2005 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Aia 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 August 1, 2005 MEMORANDUM: TO: Maureen Meehan, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: eoff4Vidgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis, NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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. Y SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �tf NCDENR North Carolina Department of Envirorynent and Natural Resources Division of Coastal 10anagement Augustgic"U� Easley, Governor Charles S. Jones r William G.Ross Jr., Secretary AUG 2 3 2005 MEMORANDUM: Morehead (ice ( '56]� TO: Maria Tripp ti AUG o NC Wildlife Resources Commission � )?E E�O'✓F® ry J, Habitat FROM: Doug Huggett C.� 910.07 MaJor Permits ProcessingCoordinator QMM SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis, NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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 DATE 8-7,2-D5- 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper F � fa 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 August 1, 2005 n M R O 0 U L5 MEMORANDUM: AUG — 12Gt TO: Mike Street �A For Mr. Preston P. Pate, Jr., Director �'r'FF-HA BI TA T Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis,NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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. _L/_ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 2 557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1� V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management AMigW1,EMU Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM: TO: Patti Fowler ! _ Shellfish Sanitation t L ' FROM: Doug Huggett SHELLFISH SANITATION Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis,NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. 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. 60A po r4� SIGNED DATE 2/�r 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper RECEIVED © AUG 0 3 2005 NCDENR BY: 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 August 1, 2005 MEMORANDUM: M0C@ :hg RECEIVED TO: Linda Lewis ad Gji'� v��''M DCM WILMINGTON, NC Neel Lutheran Division of Water Quality SEP 0 9 2005 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Widgeon Creek Hunt Club, LLC Project Location: Carteret County: Adjacent to Oyster & Smyrna Creeks at 201 Black Duck Pond, Davis,NC. Proposed Project: The applicant proposes to restore and improve four waterfowl impoundments consisting of raising the grade on two of the impoundment dikes to the elevation of the other surrounding dikes by excavating the impoundment bottom area and depositing the spoils on the top of the lower dikes,rip rap would be installed along a 75' section of one of the impoundments, and (5) flashboard risers would be installed to control water levels between the four impoundments. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. yo/ W t W)Zi770t/ REPLY: _7X_ This agency has no objection to the project as proposed. g��/Os -374S This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ��✓ 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DCM% DWQ Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341 I. Private,non-commercial development that does not involve S250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: +r II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) 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 General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality S400 100%($400) 0%($0) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No.3301 (see attached) could be applied,but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quali Certification No.3301 (see attac d) 5400 60%($240) 40%($160) can not be applied: IV. For deve op n at involves the filling and/or excavation of more $475 60%($285) 40%($190) than one acre of wetlands and/or open water areas: J.A N 1 0 2005 Morehead City DCM 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 Legal Advertisement Section Re: Public Notice - Widgeon Creek Hunt Club, LLC To Whom It May Concern: Please publish the attached Notice in the Friday, July 29, 2005, issue of the Carteret News Times. 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 Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Mark Hardeman Coastal Management Representative mah Enclosure cc: Doug Huggett Tere Barrett, District Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 July 28, 2005. According to said application, the Widgeon Creek Hunt Club, LLC, has applied to Maintain sections of existing dikes and install flashboard risers for water level controls in four impoundments off Smyrna and Oyster Creeks in Davis within Estuarine Shoreline, Estuarine Waters, and Public Trust Area's of Environmental Concern in Carteret County. A copy of the entire application may be examined or copied at the office of Mark Hardeman, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, N.C. 28557, prior to August 24, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: July 29, 2005 400 Commerce Avenue1,Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A,Yril-waj 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 July 28, 2005 Widgeon Creek Hunt Club, LLC 621 Maple Avenue Asheboro, NC 27203 Dear Mr. Ramsey: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 201 Black Duck Road, Davis, Carteret County. It was received on July 28, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 11, 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from the July 28, 2005, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be 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. 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, Mark Hardeman Coastal Management Representative Enclosure cc: Tere Barrett, District Manager Doug Huggett, Major Permits Coordinator 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper WAN F- AMA ERMIT APPLIED FOR PROJECT: `v ' V,2a� ��E� U�/ L7 UB «C 1ST S �,xC�9li�g7� r9 er�Q- COMMENTS ACCEPTED THROUGH APPLICANT_ FOR MORE DETAILS CONTACT THE LOCAL P MIT OFFICER BELOW: �o odl o aD3 If you have and questions pertaining to the proposed improvements or our plans for the future use of this property please feel free to contact me at the address or phone numbers below. We want to be good neighbors and an asset to the community. JAN 1 0 2005 Respectively submitted, Morehead City DCM Ben H. Ramsay Postal Enc CERTIFIED MAIL RECEIPT (DomesticOnly; Ben H. Ramsay Article Sent To: 621 Maple Avenue r- Asheboro, N.C. 27203 C3 RALEIGH HC 27615 t` Postage $ Phone: 336 629-3651 $2.30 0105 Cell: 336 953-93W C3 Certified Fee 22 Postmark Fax 336 625-3679 nU Return Receipt Fee $1.75 Here 1=1 (Endorsement Required) C3 Restricted Delivery Fee $0 00 O (Endorsement Required) I3 Total Postage 3 Fees $ $5.80 01/03!2005 O Name(Please Print Clearly)(to be completed by mailer) m � Street,Apt.No.;or PO Box No. Er - ---------- C ry,State,ZIP+4 t` PS Form r. If you have and questions pertaining to the proposed improvements or our plans for the future use of this property please feel free to contact me at the address or phone numbers below. We want to be good neighbors and an asset to the community. JAIN 1 0 2005 Respectively submitted, Morehead city ocnn Ben H. Ramsay Enc Postal CERTIFIED MAIL RECEIPT '' ' ' Ben H. Ramsay 621 Maple Avenue o . Asheboro, N.C. 27203 o -1 C 27514 Phone: 336 629-3651 Postage $ Cell: 336 953-9300 Ln C3 Certified Fee $2.30 0105 Fax: 336 625-3679 22 Postmark rU Return Receipt Fee :1.75 Here (Endorsement Required) O Restricted Delivery Fee Sf�.0�1 O (Endorsement Required) C3 Total Postage&Fees $ 55.80 01/03/2005 M m Name(Please Print Clearly)(to be completed by mailer) Q- Street,Apt.No.;or PO Box NoEr- Crty,Sfete,ZIPi4 N Sr k M77 JAN 1i � �p� NORTti CARpLINA �; Morehead City DCM Tho tore oin ' AR'ERl-T COUNTY Certified tot t>a rn rtitiC lt�(q)i,l R1.1 1 aly Public(s) Ware CARTERET COUNTY 11/04/2003 rrAct T,i,. ,. �. 14344 cafe Are duty r �' u"'0'"r, And this certifi- S the Book any! j ,,..v,,,, 41 a,: „ ""'i limn and in MT.F A H Real Estate POP.$)ber"t. OtiNA ! '� ' Excise Tax 4'... ., h, qfeeds y.Hog ,o,UiMA� PREPARED BY AND RETURN TO: Jaynes Q. Wallace, Ill, Attorney at Law STATE OF NORTH CAROLINA WARRANTY DEED TAX #736903141365;745000432433 COUNTY OF CARTERET gl'ANIPS:$1,518.00 THIS WARRANTY DEED made and entered into this 31 s t day of October , 2003, by and between: BRANSON-MckENZIE 1999 FAMILY LIMITED PARTNER.SIIIP (hereinafter GRANTOR) and WIDGEON CREEKS IIUNT CLUB, LLC 621 Maple Avenue Asheboro, NC 27203 (hereinafter GRANTEES) The designation GRANTOR and GRANTEES as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSET11: That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell, and convey unto the GRANTEE in fee simple, all that certain lot, tract, or parcel of land situated in the Davis Township, Carteret County, North Carolina, and more particularly described as follows: See Exhibit "A" which is attached hereto and incorporated herein by reference. See rxhlbit 'In" which is a copy of the Articles of CrgAnization for Crantee. TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and as designated on the map referred to above. IN WITNESS WHEREOF, GRANTOR have executed this instrument and have adopted the typewritten word "SEAL" after their names as their official seal on the day and year first above written. BRANSON-McKEN"LIE 1999 FAMILY LIMITED PARTNERSHIP By: �r _(SEAL) 10eheral Partner STATE OF NOR-1 CAROLINA COUNTY OF LanAA If Irk 1, �t��. S'�0.1 C. rimer , a Notary Public, do certify that L.« W• (rude n2 t e. personally appeared before me and acknowledged that he/she is a General Partner of BRANSON-McKENZIE 1999 FAMILY LIMITED PARTNERSHIP, a Partnership, and that by authority duly given and as the act of the Partnership, the foregoing instrument was signed and scaled in its name by him/her as its General Partner. WITNESS my hand and official searl or stamp, this 31 S} (L•IN of UC,M'00.i , 2003. Notary Public JAN 1 0 2005 My Commission Expires: MOrehead .t gnnK /QY5 PAGE__ STATE OF NORTH CAROLINA COUNTY OF CARTERET The foregoing certificate of Notary Public is certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Carteret County, North Carolina, in Book , Page This day of , 2003, at o'clock m. REGISTER OF DEEDS FED ,JA N Y 0 2005 MUfUh uad City DCM k EXHIBIT"A" STATE OF NORTH CAROLINA CARTERET COUNTY DAVIS TOWNSHIP BEGINNING at a point which is located N 72-58-14 W 1251.92 feet from North Carolina Grid System Monument"CAR-64 1982,"which monument is located in the bridge abutement on Oyster Creek; and from this POINT OF BEGINNING: 1. running thence, S 43-55-50 W 5076.79 feet to a point 2. running thence, S 73-25-09 E 528.20 feet to a point 3. running thence, S 07-03-26 W 828.18 feet to a point 4. running thence, S 82-05-34 E 32.35 feet to a point 5. running thence S 81-0042 E 299.89 feet to a point 6. running thence S 28-3946 W 17.47 feet to a point 7. running thence S 5244-11 E 176.07 feet to a point77. . 8, running thence S 13-0243 W 242.87 feet to a point 9. running thence N 49-21-15 W 262.00 feet to a point 10. runningthence S 27-34-27 W 109.12 feet to a point p 1 11. running thence N 48-10-11 W 210.24 feet to a point �JA N 020�5 12. running thence S 19-55-56 W 599.88 feet to a point �N 13. running thence N 2844-11 W 341.42 feet to a point Nl�r�h®ad C Ity ��14. running thence N 12-33-36 E 514.17 feet to a point M 15. running thence N 81-29-19 W 621.94 f to a point 16. running thence N 07-06-35 W 661.80 feet to a point 17. running thence N 88-15-30 W 3899.62 feet to a point 18. running thence S 71-50-10 W 26.63 feet to a point 19. running thence S 82-20-30 W 240.05 feet to a point 20. running thence S 7044-30 W 338.66 feet to a point 21. running thence S 70-22-00 W 172.58 feet to a point 22. running thence S 68-16-50 W 419.41 feet to a point 23. running thence N 24-15-02 W 2106.44 feet to a point 24. running thence N 0641-11 W 1829.47 feet to a point 25. running thence N 10-28-50 W 487.54 feet to a point 26. running thence N 63-21-00 W 335.00 feet to a point 27. running thence N 01-32-00 E 352.00 feet to a point 28. running thence N 01-32-00 E 1269.97 feet to a point 29. running thence S 42-01-58 E 4324.92 feet to a point 30. running thence S 864349 E 1700.00 feet to a point 31. running thence S 48-35-1 OF 2400.00 feet to a point 32. running thence N 10-58-00 E 3207.25 feet to a point 33. running thence N 77-29-45 W 500.00 feet ton point 34. running thence N 08-59-36 E 3626.17 feet to a point 35. running thence S 42-38-40 E 1290.16 feet to a point 36. running thence S 66-10-30 E 380.24 feet to a point 37. running thence S 44-39-10 E 890.54 feet to a point 38. running thence S 37-56-30 W 606.25 feet to a point 39. running thence S 22-55-10 W 401.11 feet to a point 40. running thence N 44-13-50 E 363.28 feet to a point 41. running thence S 78-31-30 E 363.08 feet to a point 42. running thence N 34-37-00 E 408.36 feet to a point t 43. running thence S 63-05-05 E 376.01 feet to a point 44. running thence S 14-13-50 E 906.90 feet to a paint 45. running thence S 46-06-05 E 1026.40 feet to THE POIN"r OF BEGINNING. See that Right of First Refusal in Book LO)S , page 11�4- ; and that Memorandum of Agreement in Book /p.tS, page Usti - JAN 1 0 2005 Morehead City DCM ~ R NORTH CAROLINA ' 4 �_ 1 rA Department of The Secs etas y of Mate To All whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of Nardi Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF JAN 1 0 2005 WIDGEON CREEKS HUNT CLUB, LIPOrehead City DCM the original of which was filed in this office on the Gth clay of October, 2003. pOARTAgct IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the 't=_ r City of Raleigh, this Gth day of October, 2003 a7Q/�J �flIMM Secretary of State Document Id: C20032760003 8 SOS I D: 693718 Date Filed: 10/6/2003 11:31:00 ANI Elaine F. Marshall State of North Carolina North Carolina Secrelari of State Department of the Secretary of State C2003276004138 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. I. The name of the limited liability company is: Widgeon Creeks Bunt Club, LLC 2. if the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (lfno date for dissolution is specified, there.shall be no limit on the duration ofthe limited liability company.) Perpetual 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both). Walter Lee Roberts-Member/Organizer Benjamin Hunter Ramsey-Member/Organiser .1Z2Ao—rA11 Favettevjljc Streel 62J_M3p1sA.v-frnue -- - - Asheboro, North Carolina 27203 Asheboro, North Carolina 27203 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 621 Maple Avenue City, State, Zip Code: Asheboro, North Carolina 27203 County: Randolph 5. The mailing address, if different front the street address, of the initial registered office is: same 6. The name of the initial registered agent is: Benjamin Minter Ramsey 7. Principal office information: (Select either a or b.) v a. [_] The Iimited Iiabilily company has a principal office. JAN 1 O 2005 t he street address and county of the principal office of the limited liability company i ,uCt,--,nead City DC Number and Street City, State,Zip Code_______ -- _ -- County The mailing address, if tl4ferent front the street address, of the principal office of the corporation is: h. [The Iimited liability company does not have a principal ollice. g. Check one of the following: ✓(i) Member-managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. Manager-managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: This is the 301h day of September, 2003. Walter Lee Roberts-Member/Organizer J Benjamin rh4int�r�7w;-Member/Organizer 'AN I R Z005 Morehead City DCM