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HomeMy WebLinkAbout115-05 Whichard Jr., H.E. Permit Class Permit Number NEW 115-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r 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 H.E.Whichard,Jr., P.O. Box 1863, Greenville,NC 27835-1863 Authorizing development in Hyde County at Pungo River, end of SR 1150, Durants Point , as requested in the permittee's application dated_3/25/05 (MP-1 and MP-21 and 4/11/05 (MP-4), including the attached workplan drawing(1), dated 3/27/05. This permit, issued on_July 20,2005 , 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. Archaeological Assessment 1) Prior to initiation of any ground disturbing or dredging activities within the project area, the permittee shall engage an experienced archaeologist to relocate and identify the site boundaries of 31HY6 and determine if the proposed undertaking is within the boundaries of this site. If the proposed project is within the site boundaries, the investigator shall evaluate whether the site is eligible for listing in the National Register of Historic Places (NRHP). In addition the investigator should determine whether the site may be adversely affected by the project activities; and, if so develop and implement an appropriate mitigation plan should the site be considered eligible for the NRHP. All activities associated with the archaeological investigation shall be coordinated with the Office of State Archaeology, and copies of all documentation provided to the Division of Coastal Management. k (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. // l Any maintenance work or project modification not covered D Arles s, Director hereunder requires further Division approval. Division of Coastal M Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee '4A9'OOtr44MQt+,�44�000Ok4.}y.p?P-0Yr�.PJO�A-0G}?Q�+.IT. ::{.:.:....:-0iJ-0�}?!N-Jtiti�'�>NM: i�4�7.YN.:44VJM4-0.�'.ti:}h'CPCaC7`C H.E. Whichard, Jr. Permit# 11]depthof Page 2 of 5ADDITIONAL CONDITIONS Boat Basin and Access Channel Excavation 2 Eavation shall not exceed -3 feet below the normal water level. In no case shall the excavation exceed the depth of connecting waters. 3) An earthen plug shall be left between the area to be excavated and the Pungo River, and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent unnecessary siltation into the Pungo River. Spoil Disposal 4) All excavated materials shall be confined landward of the normal water elevation contour and any regularly or irregularly flooded vegetated wetlands. 5) All excavated materials shall be confined in the area designated on the attached workplan drawing dated 3/27/05. Any proposal to alter the location of the spoil disposal site shall require additional authorization from the Division of Coastal Management. Shoreline Stabilization 6) As a result of the coordination with the U.S. Army Corps of Engineers, the construction of the ten 15- foot wide x 25-foot long riprap groins along the shoreline is not authorized. 7) The alignment of the permitted bulkhead and riprap shall be staked 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 DCM within a maximum of 30 days prior to the new expected start of construction. 8) The bulkhead shall be constructed prior to any backfilling activities. 9) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the . structure. 10) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 11) The backfill material shall be clean and free of any pollutants except in trace quantities. 12) The alignment of the approved riprap shall not extend more than 13 feet from the normal water level at any point along its alignment. . »ao•w��.o-xao-Kr:.o-hw-.�w�oavw.o-cb-.aaa.a.x�•x.kwa�:wc-tt r:•rx.o-�:-r}x.:w„w.so-o-o-a!•u•�o..`.t�:c.c-:-:.w.a�o•oo-c-tt:� rchard,Jr. Permit# 115-05 Page 3 of 5 ADDITIONAL CONDITIONS 13) 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. 14) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. Boat Ramp 15) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Docking Facilities 16) Unless specifically altered herein, this permit authorizes only the new 6' x 290' pier and accompanying boathouse and platform, repair to the existing 6'x 220' pier and accompanying platform, the two 2' x 35' finger piers associated with the existing boat ramp, the two finger piers, one 4' x 25' and one 4' x 45' associated with the new boat ramp, and the 4' x 360' dock to be located around the proposed basin, which are expressly and specifically set forth in the attached permit application and workplan drawing. No other structure, whether floating or stationary, may become a permanent part of these docking facilities without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 17) The authorized boathouse shall not be completely enclosed or have side coverage more than one-half the height of the side, from the roof waterward. 18) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 19) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 20) The authorized structure and associated activity shall not cause an unacceptable interference with < navigation. 21 The permittee shall maintain the authorized work in good condition and in conformance with the terms P 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. A 22) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury, which may be caused from existing or future operations undertaken by the United States in the public interest. H.E. `Vhichard, Jr. Permit# 115-05 Page 4 of 5 ADDITIONAL CONDITIONS 23) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to these structures in order to make it more visible during hours of darkness or inclement weather. 24) This permit authorizes a maximum of 9 boat slips, which includes the 6 boat slips located in the upland boat basin and the three associated with the 290' new pier. At no time shall more than 9 vessels total be moored or docked at this facility. No vessels may be moored or docked at any structure, other than. those previously mentioned, even on a temporary basis without permit modification. The restriction on the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Upland Development 25) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated with the grading of the property owned by the applicant located at the south end of SR 1150, including the construction of the associated driveway,parking lot, and picnic area, all as expressly and specifically set forth in the permit application dated 3/25/05 and depicted on the attached workplan drawing dated 3/27/05. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at(252) 946-6481 for this determination if further land disturbing activities are proposed. 26) All fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan 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, 943 Washington Square Mall, Washington, NC 27889. 27) 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 landward of the bulkead cap immediately following completion of backfilling activities. Stormwater Management 28) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050405 on 4/21/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Y 4a+04OWti4�h'0}NKK•h`a�}p0414Q4Q4C.Y)-S 4*'���.'b'C-0P+}tk�YC�O-0W-tib-0.}%�lC?h\4 hC-�}W:ar?.1riF]'PQ}p{4WWQ-0rt0Oti41h)�+�p4G�+n�}i H.E. Whichard, Jr. Permit# 115-05 Page 5 of 5 ADDITIONAL CONDITIONS General 29) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structures 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 w, removal or alteration. 30) The construction and/or operation of the authorized facilities 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 authorized facility may require that the permittee undertake remedial actions to remedy the situation. 31) No vegetated wetlands shall be excavated or filled. 32) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee is advised that, in accordance with the Rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3490 (DWQ Project No. 050697), which was issued on 6/7/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510888. .0:74dL-]-:{{yO40WA76C0.1{{{{A{�Yn'4} `y{y.}�h4.:{.tih ih\`4%-1-}Q.}�CO•}�-}}:.h4+W.-04Ci-:4'a�:ti-%K0-'Nr�PC.:v;{C-0-0gWbX�}i-:tiv`X-}4C?ti.:+`ti`-0C{:4kKa']-}T.��:24Yri{tiCa�'�' 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 20, 2005 Mr.H.E.Whichard P.O.Box 1863 Greenville,NC 27835-1863 Dear Mr. Whichard: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Doug rasV.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 APR-27-2005 WED 03:29 PM COASTAL MANAGEMENT FAX NO. 12529480478 P. 01 01 VIS'I 0]',; OF COASTAL, NIV4AGEMENT 1,1E 1,i 4 lNVEATIGATION REPORT M 1. APPLICANT'S NAM11:Mr. 1i.1;. a','lrichssrcl,Jr. 2. 1. C,;A'1'IC);eI C)1 1'f�c).lt�.C:l'S:1'1'1:: 0ffSR 1150 on the cast tide of the Pungo River, cast of Durants Point, in flytic Collwy, rtit_;wr,Sor4,.ot?w, North Carolina. 1995: 109-1155;V-16 1959: Stlt<;1'14.tcc(",00rclinratc r, -),:: 2,72:1,700 Y: 6.40,700 Ilanilica ('t,,clt Quad.(upper left comer) 3. lip'VE.�►TltiA'1'1C.)l~r'l '�'l'1s: C"AA4,�11>rccic ttucl f il1 4. INVE.S1'10ATIVP: Ilk'OC4'DURI%; Date of Site Visit—10 March 2005, 15 April 2005 Wtis Applicant Present-Yes 5. PRt:CE,S',14I +G PRO('11,I)lME: Appkalion Received- 11 April 2005 (Ai"I�.c- NVashington G. SIT1:013S01%Ii'°1'ION: (A) r.ac rd I,:uttl 11s,. flan- Ilytl,•('ottltty Ln,uf G'L'SSr,41colion From► 1,%l - lttu'al (flis;h�;roaild)/C'onservation (Water) (1 ) !\l:i`(S) trrvolvw rl: I;W, Ii.S, f''1'A, PTS (c) wakr Ycs (1)) UJ,v,Private. (1.i) W-UilLAV41lbl'7"li:7iti 011t: 1::1.:111 Ifi-None: 14,j,o xl -One Septic tank with drain field (P) 'l'ytoc of'Stnictures: 1!x:::ting boat ramp,picnic shelter,pier and associated platfornt I'ir,n ncd -Access charnncl to upland boat basin,boat ramp, launch picrs, slips, 6prap s roms,riprap shoreline,new pier with boathouse (G) Estinwled Anr'trrnl lint,,of l,.w lon: a'hyvar 7. 1 (AR10,A) -vr�.... . :........._.. . .... -— ,.— .- DREDGED P 111,15,C) OTT I FIR ..... ... ..... ._, . .. ._. .... _:_ice...-._.v:�_.Y..cv_,ar ,..,. ,.- .ter. --- •• w(A) Vc'g4t led Wohnds N/,A, 1\T/A I (11);Fort.Vq,,,tated Wetlaruts 2,890 fP(Access 5,750 R2(Stone: Groins) 3,000 ft2 puitY,j )tk-or hoi(o It Channel) 21,500 R'(Riprap) (shaded new pier) (C,')Calla 2,40011-(Access ±160,000 ftj Upls:n+i Channel) 10,000 R2 (Spoil disposal)i78,040 ft' f (Boat basin) (Gravel parking area and new paved road) (1)) !'c�l:�! J4rc`!i li7t►trl�c•t1: ?R11 tr ii' 6.5 ac. (ail I'rinr,:,y Ntcrr��t,��"►t�3: N':� (F) 'Va*%Or C Criss f cntiow .SA N1 w'X Opcll: Ycs l;, l'F'OJJ17C.'7' SUMMARY: Thc: aprilic,,int proposes to establish a single family residence complete with an upland boat basin, III;-vv laic,,•, stabilization on a 76 acre tract of farm land. H.E. Whichard Hyde County Project Setting The project site is a 76-acre farm located on the east side of the Pungo River downstream of Durants Point in Hyde County off SR 1150 near Scranton, North Carolina. The majority of the tract is row crop farmland with ±900 linear feet of ag field adjacent to the Pungo River. Vehicular access to the site is down an unimproved dirt path off SR 1150 through a wooded area to the ag field. The farm is adjacent to a pine plantation managed and owned by Weyerhaeuser Timber Company to the south and a vacant waterfront residential lot adjoining the applicant's property to the north. An area of Coastal Wetlands is located between the vacant residential lot to the north and the ag field. The erosion escarpment along the adjacent property including the Coastal Wetlands have been stabilized with riprap to the property line. The shoreline along the ag field has a narrow sandy estuarine beach with a ±4' high vertical erosion escarpment. A typical ±6' wide farm drainage ditch separates the ag field from a +600' wide wooded area on the south side of the property. The shoreline along the wooded area has a ±3' high erosion escarpment with both live and dead trees eroded/blown over into the river. There is an old home site present in the ag field. Oyster shell midden is scattered in the ag field adjacent the river and is also observed emerging from the erosion escarpment. There is an existing 6' x 220' pier with a 16' x 31' T-head platform located at the end of the farm path located on the northern edge of the ag field. Wave action from past storms has elevated the structure and has removed some decking. There is also an existing boat ramp and picnic shelter in a maintained gassed area adjacent to the existing pier. Water depths are generally shallow ranging from 1' to 3'. Observations made from the shoreline and while wading did not detect the presence of any rooted submerged aquatic vegetation, although uprooted, floating widgeon grass (Ruppia maritime ) was observed. The Pungo River at this location is classified as SA NSW by the Environmental Management Commission and Coastal Waters by the Division of Marine Fisheries. Project Description The applicant proposes to develop the ag field into a single home site-with boating access. The proposal includes a 100' wide x 100' long x -3'upland boat basin. A 30'wide x 96'long channel excavated to a minus 3' below the normal water level (N WL) is proposed in the Pungo River with two 20'wide x 50'long riprap groins proposed as stabilization leading to a 30'wide x 80'long x —3' channel/canal through hiahground to the proposed basin. The access channel and basin in highgound are to be stabilized with a bulkhead. The upland channel and boat basin are to be excavated land«and of an earthen plug to be left in place until all upland excavation is complete. A 12' x 25' boat ramp is proposed with two launch piers - 4' x 45' and 4' x 25', one on either side of ramp, in the basin. A 100'long x 100'wide graveled area is proposed to provide boat trailer parking. The basin is proposed to have six slips defined by mooring piles. A 4'wide x 360'long dock is proposed around the perimeter of the basin on the land%ti-ard side of the proposed bulkhead. The applicant is proposing to stabilize 2,150'of shoreline along the Pungo River with granite riprap averaging 10' waterward of the NWL. The applicant is also proposing 10 — 15' wide x 25' long riprap groins. The applicant is proposing, at this time, to develop the ag field with a single home site. A new drive through the ag field to the proposed home site will be constructed. A new pier is proposed 6' wide x 290' long with a 20' x 20' T-head platform, two wet slips defined by 5 mooring piles and a 28' x 35' boathouse. The existing 6' x 220' pier and 16' x 3 F T- head platform is to be repaired by leveling the structure and replacing decking where necessary. Two launch piers, 2' x 35' will be constructed, one on either side of the existing boat ramp. The existing picnic shelter is to be repaired and a concrete floor to be poured under roof. Anticipated Impacts The project as proposed will result in the excavation of 2,880 ft2 of Pungo River bottom. The proposed riprap groins and riprap shoreline stabilization will result in the filling/covering of 27,250 ft2 of Pungo River bottom. The new pier and associated boathouse will shade 3,000 ft2 of Pungo River bottom. Spoil disposal and the gravel parking area will result in the disturbance of±5.4 acres of uplands. There will be some short-term turbidity during construction. The project will increase boat traffic and their associated impacts in the immediate area. Steve Trowell - Washington Regional Office - 18 April 2005 Form DCM-MP-1 H.E. Whichard, Jr. Hyde APPLICATION County (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Durants Point on Pun o River. Near Scranton. C. Street address or secondary road number a. Landowner: � end of SR 1150 South Name H.E. Whichard Jr, d- Is proposed•work within city limits or plannin jurisdiction? g Address P.0. Box 1863 Yes --X_ No e. Name of body of water nearest project (e.g. river, CityGreenville State NC creek, sound, bay) PunQo River. Zip27R3�FF3Day Phone ?- )-gi r,-qo?p Fax 2 5 2-15 8-4 8 6 8 3. DESCRIPTION .kN-D PLANNED USE b. .Authorized Agent: OF PROPOSED PROJECT Name Hood Richardson a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address 110 West Second Street excavation and/or filling activities. Stone shore eroter-tinn , repair old City eie: boat basin 4�'ashincrton State ?�C boat ramo new re air picnic shed. Add `inaer pier to existing boat ramp_ Zip 27889 Day Phone 252-975- Boat house, R; _rap shore and groins b. Is the proposed activi:N' maintenance of an existi:.o Project, new work, or both? Both Fax 252-975-3751 c. Will the Project be for public, private or commercial C. Project name (if any) H.E. whic ar use? j h d Jr. d. Give a brief description of purpose, use, methods of NOTE: Pernut will be issued in name oflando,, r�s� mtd�or 00astruction and daily operations of proposed project. If more spare is needed, please attach Project name. additional pages. Dailv -operations be residential sinale fa .,ily constructic rn ?. LOCATION OF PROPOSED . M hods will be dracl-PROJECT backhoe trucks , - g11 a. County Hyde Revised 03/95 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER No existing waste water facilitie CHARACTERISTICS Proposed facilities will be aroun( absorption system . a. Size of entire tract 76 Acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) One dwelling wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface c. Approximate elevation of tract above MHW or water run off. NWL 4 feet NWL d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sandy clay loam Proposed drinking water supoly will be from well . e. Vegetation on tract Farmland and woodland. f. Man-made features now on tract Pier , boat ramp and r2i c,ni r sherl . 5. ADDITIONAL INFOR-NLXTION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation Transitional Developed Community 0 A copy of the deed (with stag application only) or X Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, -then Not zoned 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 Not Zoned. (Attach zoning compliance oemicare, if applicable) • An accurate, dated wort: 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 ll" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.020') 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 Engineers regarding that agency's use of larger Coastal (marsh) ve s Other 404 drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? delination requirements and it must be su riciently detailed tc (Attach documentation, if available) by CAN-k applicable guide agency personnel unfamiliar with the area to the to proposed permit is shown on permit maps . No 404 wetlands will be disturbed . Revised 03195 H.E. Whichard, Jr. Form DCM-MP-2 Hyde County Y EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 170 fill activities. All values to be given in feet. Access to boat basin b. Type of material to be excavated silty sand Average Final LeJ'jj/ Z dth E d n Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access Y6IA7"1 rL (0 ' to (SAVs) or other wetlands? Yes y No channel 30 ' —3 . 01 ) —3 . 0 ' (MLW) or (N"WL) 1 .5 .5 d. Highground excavation in cubic yards 3 3 0 0 Canal 80 ' 30 +4 ' —3 . 0 ' 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin 100 100 ' +4 ' —3 . 0 ' a. Location of disposal area en s ite Boat rarnp 25 ` 12 ' 0 —3 . 0 ' b. Dimensions of disposal area 400 400 Rock *** Two Each groin 50 ' 20 ' h<< ,� <"cam << f ,...`� c. Do yvou claim title to disposal area? Yes No Rock If no, attach a lever granting permission from the r 1 �`<u owner. breakwater �:,<..�;.r:;:.>::>... .,�,,.;.: .: � d. Will a disposal area be available for future Other Rock maintenance? h Yes No (Excluding Jetties If yes, where? on site shoreline 2 5 ' 15 ' 1 . 5 0 ' 2 . 0 ' s',abiiization) ** Shoreline stablization *** Entrance to boat basin Revised 03.195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERINUSSION 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 wi11 allow only the development described in signed return receipts as proof that such owners the application.''Ibe project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments 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 Antoni & Julia Rokut I certify that I am authorized to grant, and do in fact, Address 313 Carol Street grant permission to representatives of state and federal Phone Carboro , NC 27510 review agencies to enter on the aforementioned lands in Weyerhaeuser Company connection with evaluating information related to this Name Att: Howard Snence permit application and follow-up monitoring of the Address P .O . Box 1391 project. Phone New Bern, NC 28563-1391 —7 I further certify that the information provided in this Addyess application is truthful to the best of my knowledge. Address Phone � • A list of previous state or federal permits issued for This is the /�:1 day of . / � K � work on the project tract. Include permit numbers, Print Name // i Jam- permittee, and issuing dates. ] CAI�A Permits for the existing—pier Signature e- owner or ALLrhori;ed Ager-, and boat ramp . • 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 X DCM MP-2 Excavation and Fill Information application. X DCM MP-3 Upland Development • A signed AEC hazard notice for projects in X DCM MP-4 Structures Information NO DCM MP-5 Bridges and Culverts oceanfront and inlet areas. NO 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 documenting compliance with the North Carolina Environmental Policy Act. Revised 03'95 i , Form DCM-NIP-3 H.E. Whichard, Jr. Hyde County y UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? Yes X No a. Type and number of buildings, facilities, units or If yes, date submitted structures proposed One residential unit Repair picnic shelter and pour new i. Describe proposed method of sewage disposal. concrete pad in same foot print. Septic tank. b. Number of lots or parcels One dwelling j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? s units per acre) One Unit on 76 acres (Arran', appropriate documentation; k. Describe location and type of propose discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. 4 . 99 Acres sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface water run—off. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, communi.v, public system, etc.) control plan been submitted to the Division of Land Wells Resources? X Yes No If yes, date submitted m. Will water be impounded? Ye�s X No If yes, how many acres? /v f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when Cr„shPd stone , con .rat-P , as;hat t , was the lot(s) platted and recorded? NSA Cr Give the percentage of the tract within 75 feet of App' r Jett e ` MH`V or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by Signature impen,ious and/or built-upon surfaces, such as ZS--C�'71 pavement, buildings, rooftops, or to be used for Date (% vehicular driveways or parking. 0 . 35 percent (repair the existing shed) . Revised 03'95 c Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes X No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X -No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area N/A X Bulkhead X Riprap (2) Purpose of fill N/A b. Length 2 , 150 feet of rip—rap 550 feet of bulkhead c. Average distance waterward of MHW or NWL 10 feet for rip—rap 2 feet for bulkhead 5. GENERAL d. Maximum distance waterward of MHW or NWL 13 fept for rip rap 2 feet for bulkhead a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? hauled to upland 5 feet areas away from s-:ore and plowed (Source ofinformarion) actual survev in to farmland. Use silt fence and straw bales . f. Type of bulkhead or riprap material Granite boulders, vinyl or treated wood. 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 dragline , bac :hoe , trucks and (1) Riprap 875 dozer . (?) Bulkhead backfill 150 c. Will wetlands be cr�sse�d in transporting equipment h. Type of fill material Silty sand to project site? Yes x _ No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material On site 4. OTHER FILL ACTIVITIES w. C4, Appti�r j .'ame (Excluding Shoreline Stabilization) N/A i S nature a. Will fill material be brought to site? 3 — —p Yes X No Dace Revised 03.95 Form DCM-NIP4 y STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys 11%4 Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial__•Co=un.ity_ Pr iva.e other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.) (1) _ Commercial _Community_Private) (2) Number !e;,t&f /"I- (3) Length 117J )d D" (4) Width of water bade_.(4) width- - - - -�- - - - - - - - o w - - - - furrlk �i`cr-:��- -(3) Distance b:�o��(s} �to be place' beyond (6) Finger Piers Yes N(i) Number shoreline (ii) Length f. Mooring strucrure �ooatii. +aorinc (iii) Width 3 (1) Commercial _Co=uz'i:y_Private (6) Platform(s) k Yes No (2) Number i9 (i) Number � (3), Length (ii) Length �O'0�.w 3 I ' 011tx,f l (;) Width ' (iii) Width y ' nzc,- (i) Number of slips proposed of Cr. Other (Gi eorroLce (8) Proximity of structure to adjacent riparian5 property lines ,ADO (9) Width of water body. �p 1r7,• _r (10) Water depth at waterward end of pier at MLW or NWL 3, c-) hi b. Boathz)use (including covered lifts) ; (1) Commercial Private (2) Length 3S' (3) Width 'Z pp cant or Project 'r—. c. Groin (e.g. wood, sheetpile, etc. . ' signature (1) Number - / / (2) Length(s) if L D�a.t d. Breakwater (e.g. wood, sheetpile, etc.)/�� (1) Length (2) Average distance from MHW, N-I�VL or, wetlands (3) Maximum distance beyond MHW, NWL or wetlands ��.� DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: H.E. Whichard, Jr. County: Hyde LOCATION OF PROJECT: Off SR 1150 on the east side of the Pungo River, east of Durant's Point, in Hyde County, near Scranton,North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11 April 2005 J FIELD RECOMMENDATION: ATTACHED CONSISTENCY DETERMINATION: FIELD REPRESENTATIVE: Steven J. ((T��rowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: �`�S, B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 ��U PUBLIC NOTICE REC'D: ✓/ END OF NOTICE DAT . 5 l a5 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: Ole& ON: C) 75 DAY DEADLINE. �A5 150 DAY DEADLINE: Olef S MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional representative Sat c,,, M+.s Coastal Management - LUP Consistency Determination (o Division of Community Assistance Land Quality Section Division of Water Quality cllLl ✓ ��-m6 6. ���' Storm Water Management (DWQ) ��„� SAP g. Sw?9S�ctos State Property Office Division of Archives & History S'Z(u� o Sow &71 Division of Environmental Health ���p�o� Division of Highways Wildlife Resources Commission (�� ✓ ru' Sro� P Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Permit# 0 DCM Coordinator: MAILING DISTRIBUTION: Permitee: ln ��^w c� �. , t-Ken✓a � 11V b 3 Agent: DCM Field Offices: C it y mdC US Army r s of Engineers(USACE): Washington: Mike Bell(NCDOT) B' Biddlecome(N OT) Raleigh Bla Wilmington:' Dave Timpy(NCDOT) Henry Wicker Ot ers: ultural Resources: Renee Gledhill-Earl Environmental Health: Terry Piercqo�, Marine Fisheries: Mike Stregt// S CAP-, NCDOT: Ken Pacr/ Wv`" Shellfish Sanitation: Patty Fowl p � Ye' a i C ' Karol ,(for non-D John Hennessy Wil ife Resources: Maria Trip —�nnet ynne / David Cox(NCDOT) \ \ Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at l Q f Agent at 1 jqo P h`c"W. 301\ 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) CANIA Major Permit Process Manual Page 70 of 70 - �srnrE 4 NOV 2 8 2005 North Carolina Department of Cultural Re rces State Historic Preservation Office 1worehead City DCM Peter B.Sandbeck,Administrator Michael F.Easley,Governor Office of Archives and History Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director November 21,2005 MEMORANDUM TO: Doug Huggett,Chief Major Permits Processing Section Division of Coastal Management,DENR FROM: Peter Sandbeck pj QM S J6eJL SUBJECT: CAMA/Dredge&Fill Application Review, Hyde County,Mr. H. E.Whichard,Jr.Applicant, Permit#115-05, ER 05-0899 We have reviewed the draft report by Coastal Carolina Research, Inc.regarding the relocation and evaluation of archaeological site 31 HY6 in Hyde County.,The assessment of this site was a condition to Permit# 115- 05 issued to H. E. Whichard,Jr. of Greenville,North Carolina. Survey and testing was undertaken within the general area originally designated as site 31HY6. Survey investigations and subsurface test excavations revealed that the site,as it presently exists,is severely deflated. The work strongly suggests that much of the site has been eroded and destroyed by shoreline degradation. The remaining portion probably consists of the back edge of the former shell midden deposits with no intact prehistoric features noted. An historic component was also recognized and evaluated as not significant. As a result, the site was recommended as not eligible for inclusion on the National Register of Historic Places. We concur with the conclusions and recommendations of this study. The report meets our office's guidelines and those of the Secretary of the Interior.There are no specific concerns or corrections,which need to be addressed in regards to this report. We recommend that the draft report can serve as the final report,without resubmission. As a result,our review process is considered complete. We are fully satisfied that the Archaeological Assessment condition set forth on this permit has been met in full by the permittee. The proposed undertaking will not impact any significant cultural resources. As a result,we recommend that the permittee be allowed to proceed with the undertaking as described in the permit application. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4017 Mad Service Center,Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/715-4801 C7r 4 _ 1 -..�.� ".Y ,1•..,�. .. �.. f'' li'..�;C aryl .6 i.:.; z� 'r� t �e+�:.� '?r�� fF L.c_4 F1 :a1 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. cc: H. E. Whichard,Jr. Colonel James DeLony,ACOE Loretta Lautzenheiser„ Coastal Carolina Research, Inc. 19 AUG 2 9 2005 Morehead City DCM North Carolina Department of Cultural Resources State Historic Preservation Office Peter B.Sandbeck,Administrator Michael F.Easley,Governor Office of Archives and History Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretat David Brook,Director August 15,2005 MEMORANDUM TO: Doug Huggett, Chief Major Permits Processing Section Division of Coastal Management,DENR Colonel James DeLony,District Engineer Army Corps of Engineers,Wilmington District FROM: Peter Sandbec qvn���� SUBJECT: Management Summary by Coastal Carolina Research,Relocation and Evaluation of Archaeological Site 31HY6,J�. E. Whichard,Jr.,Hyde County, ER 05-0899 We have reviewed the Management Summary by Coastal Carolina Research,Inc. regarding the relocation and evaluation of archaeological site 31HY6 in Hyde County. The assessment of this site was a condition to Permit# 115-05 issued to H. E.Whichard,Jr. of Greenville,North Carolina. Survey and testing was undertaken within the general area originally designated as site 31HY6. Survey investigations and subsurface test excavations revealed that the site,as it presently exists,is severely deflated. The work strongly suggests that much of the site has been eroded and destroyed by shoreline degradation. The remaining portion probably consists of the back edge of the former shell midden deposits. As a result, the site was recommended as not eligible for inclusion on the National Register of Historic Places. We concur with the conclusions and recommendations of this study. A formal draft report is presently being produced for review by Coastal Carolina Research. We will await this report and provide additional comments upon its review. We are satisfied that the Archaeological Assessment condition set forth on this permit has been met by the permittee. The proposed undertaking will not impact any significant cultural resources. As a result,we recommend that the permittee be allowed to proceed with the undertaking as described in the permit application. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/7154MI Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley,environmental review coordinator, at 919-733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. cc: H. E. Whichard,Jr. Loretta Lautzenheiser, Coastal Carolina Research Instructions to Word Processing: This is a card letter 31. June 24, 2005 Regulatory Division Action ID No. 200510888 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 H.E. Whichard for a Department of the Army permit to excavate an access channel and boat basin, place riprap material along an eroding shoreline, and construct'a pier and a boathouse, on property located off State Road 1150, adjacent to the Pungo River,near Scranton, in Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. The construction of the ten 15-foot wide x 25-foot long riprap groins along the shoreline is not authorized and shall be deleted from this project. 2. All other 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. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,upon due notice from the U.S. Army Corps of Engineers,to remove, a relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 4. 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. 5. 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. 6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 7. The authorized structure and associated activity must not'interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. 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. 10. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland,P.W.S. Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail*Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office t North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 a� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 24, 2005 Mr. H.E. Whichard P.O. Box 1863 Greenville,NC 27835-1863 Dear Mr. Whichard: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to establish a single family residence complete with an upland boat basin, new pier, boathouse, and shoreline stabilization on a 76 acre tract of farm land in Hyde County adjacent to the Pungo River off SR 1150 east of Durants Point, Scranton,NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 08, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Dou g u ett gg Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Washington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net FROM :NCDENR FAX NO. :2529753716 Jun. 22 2005 09:03AM P2 Wirth Carolina Wildlife Resources Commissio Richard B.Hamilton,Executive Director MEMORANDUM TO: Doug Huggett,Major Permits Processing Coordinator Division of Coastal Management North Carolina Deparnnent of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator Habitat Conservation Section DATE: June 21,2005 SUBJECT: CAMA Dredge/Fill Permit Application for H.E.Whichard Jr,Hyde 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 off SR 1150,east of Durants Point near Scranton,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 construct an upland boat basin,pier,and boathouse,perform shoreline stabilization,and place riprap within the Pungo River.The proposed basin would be 100'x 100' x 3'with a 30'x 96'x 3' access channel that extends into the Pungo River.Two 20'x 50'riprap groins are proposed as stabilization leading to a 30'x 80' channel through uplands to connect the basin to the river.A boat ramp and pier with six slips are also proposed within the basin.Approximately 2,150' of shoreline will be stabilized with riprap extending a maximum 10'below NWL.Ten riprap groins, 15'wide extending 25' into the Pungo River,are also proposed along the riprapped shoreline for stabilization.The project as proposed would result in the excavation of 2,889 ft2 and filling of 27,250 ftz of the Pungo River bottom. NCWRC does not object to the construction of the upland basin,access channel,and shoreline stabilization.However,we believe the impacts and usurpation of public trust areas from the riprapped shoreline and proposed groins could be minimized.We request either the groins or riprapped shoreline be allowed,but not both.The shallow water areas filled by the groin structures and the 10' waterward extension of the riprap provide important habitat for aquatic resources within the Pungo River system.Impacts to these areas from this project should be minimized the furthest extent possible. 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. cc: McKenna. S.—NC Division of Marine Fisheries �—Marling Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)733-3633 ext.281 • Fax: (919)715-7643 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: .Fred Landa, DCM Washington District Planner Date: June 9, 2005 Subject: Major Permit Application, Requested by Graham Whitehurst to bulkhead and backfill 171' of shoreline. The applicant proposes to construct a pier with two step-down platforms and a T-head platform at the pier terminus. Also proposed is a single pile— supported jet ski lift to be located adjacent to the bulkhead. The property is located off SR 1344 at Newberry Landing on the south side of and adjacent to Albemarle Sound near Roper in Washington County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & Not In Conflict with the 1994 Washington County Land Use Plan certified by the CRC on July 29, 1994. Overview: The property is located off SR 1344 at Newberry Landing on the south side of and adjacent to Albemarle Sound near Roper in Washington County. The site is a .5-acre residential lot. The remnants remain of a bulkhead, all but destroyed by weather events and the elements. The result has been significant erosion of the shoreline landward of the bulkhead. Adjacent properties on both downstream and upstream sides are developed lots with bulkheaded shoreline. The applicant proposes to bulkhead and backfill 171' of shoreline on the same alignment as the downstream and upstream bulkheads. This alignment will place the bulkhead on average 19' waterward and a maximum distance of 26' waterward of the normal water level. The applicant proposes to construct a 6' x 48' pier with two 3' x 16' step-down platforms and a T-head platform at he terminal end of the pier. Also proposed is a single pile supported jet ski lift to be located adjacent to the bulkhead. Anticipated impacts: Associated impacts to the bulkhead and installation of backfill as proposed will result in the filling of 3,250 ft2 of sound bottom. The construction of the pier, finger piers, and platforms will result in the shading of 640 ft2 of sound bottom. 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper r tr Areas of Environmental Concern (AEC): AECs impacted by the proposal include Estuarine Water, Public Trust Area, and Coastal Shoreline. The Waters at the project site are classified as SB and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Washington County Land Classification Map designates the subject property as `Rural' and the AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "2. Preserve and protect Areas of Environmental Concern (AECs) within Washington County. a. Support and complement Coastal Resource commission efforts to protect preserve and manage Areas of Environmental concern (AECs)." c. Support development in AECs only if such development meets the management objectives in 15 [sic]NCAC 7H.0203 and use standards in 15 [sic] NCAC 7H.0208 and.0209" (Resource Protection goals, Objectives and Policies, pg. VIII-6) Cc: John Thayer, Manager of Planning and Grants OF W A TFR Michael F.Easley,Governor ,0� w�i William G.Ross Jr.,Secretary co North Carolina Department of Environment and Natural Resources .� Alan W.Klimek,P.E.Director Division of Water Quality June 7, 2005 DWQ Project#050697 Hyde County H.E. Whichard,Jr. , J P.O. Box 1863 v ' Greenville,NC 27835-1863 REC-111 JUN 1 3 2005 Subject Property: Terminus of SR 1150 DIV.OF COAS-IA:IV"AGciai�NT Durants Point on Pungo River R4E',GH r i Near Scranton Hyde County, NC Approval of 401 Water Quality Certification(GC3490) with Additional Conditions Dear Mr.Whichard: limo,,-,nead City DCM You have our approval,in accordance with the attached condi 'ons,to place fill material within or otherwise impact 0.76 acres of waters to install a pier,boathouse and shoreline stabilization as described in your application received by the Division of Water Quality(OWQ)Wetlands/401 Unit on April 21, 2005. After reviewing your application, we have determined that the Division of Water Quality(DWQ) General Water Quality Certification Number 3490 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers(USACE). In addition,you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and LAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) One 401 Wetlands Certification Unit mrQ!!y 1650 Mail Service Center,Raleigh,North Carolina 27699.1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:hftp://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer—500/6 Recycled/10%Post Consumer Paper H.E.Whichard,Jr. Page 2 of 2 June 7 404/CAMA Wetlands 0.76 (acres) DCM Field Investigation Re ort 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650. ' 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC)3490. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification,shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts),you may ask for an adjudicatory hearing. You must.act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative\Hearings,6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions ire final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W. Klimek, P.E. AWK/ijm Enclosures: GC 3490 Certification of Completion cc: Hood Richardson, 110 West Second Street,Washington,NC 27889 Doug Huggett,DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 050697HEWhichardJr(Hyde)401ApprovalCAMA DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO May 4, 2005 Regulatory Division Action ID No. 200510888 MAY 1 0 2000 Mr. H.E. Whichard, Jr. Morehead City pC M Post Office Box 1863 Greenville, North Carolina 27835-1863 Dear Mr. Whichard: On January 1, 2005, we renewed Standard Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 2, 2005, for Department of the Army authorization to excavate an access channel and boat basin, place riprap material along an eroding shoreline, and construct a pier and a boathouse, on property located off State Road 1150, adjacent to the Pungo River, near Scranton, in Hyde County, North Carolina, indicates it to be a candidate for Federal authorization under this permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason,you will be informed regarding its further management. If there are no unresolved differences in State- Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 200510888 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, RaleigkBd, P.W.S. Regulatory Project Manager -2- Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 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. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 May 1, 2005 MEMORANDUM i Il V MAY _ x TO: Doug Huggett1-061) FROM: Jeff Rheubottom Shellfish Sanitation and Recreational Water Quality Subject: CAMA Major Permit Review-Hyde County-H.E. Whichard,Jr. H.E. Whichard Jr.'s proposed project for nine slips would not cause a closure in open shellfishing waters in accordance with 15A NCAC 18A.0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS,no closures of shellfishing waters are required for a marina of 10 slips or less. If greater than ten slips(including temporary and linear dockage space)are available,then a minimum of 100-foot closure to surrounding waters will be recommended. There is potential for greater than ten boats to dock at this facility. There is potential for liner dockage at the new 220' pier and also the existing 290' pier. The 30'x 80' channel and 100' x 100' boat basin also have potential for liner dockage. This project does not appear to be a single-family residential project as stated in the proposal. If greater than 10 vessels were to use this facility for dockage,whether permanent or temporary,this would cause a new closure to open shellfishing waters. This project will result in excavation of 2,880 square feet of open waters of the Pungo River bottom. The proposed riprap and groins will result in filling of 27,250 square feet of open waters in the Pungo River. The effects from these disturbances may cause deterioration in the adjacent shellfishing waters which might ultimately result in a closure of open shellfishing waters. If this project is approved,we request that no tie off cleats or other means of securing a vessel be allowed along any of these potential linear dockage spaces, and that it be closely monitored to ensure that no more than ten boats are allowed dockage even on a temporary basis. i Vww MAY 0 2 2005 North Carolina Department of Cultural ResoMesehead Cj p, State Historic Preservation Office / D Peter B.Sandbeck,Administrator Michael F.Easley,Governor Office of Archives and History Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director April 26,2005 MEMORANDUM TO: Doug Huggett,Chief Major Permits Processing Section Division of Coastal Management,DENR Colonel James DeLony,District Engineer Army Corps of Engineers,Wilmington District f r� FROM: Peter Sandbeck�qt�5I r D,tiv s il,*( U r SUBJECT: CAMA/Dredge&Fill Application Review, Mr. H. E.Whichard,Jr. (Applicant), Hyde County,ER 05-0899 We have reviewed the permit application for the above project and would like to comment. The project is located within or near the boundaries of archaeological site 31HY6. This site is a prehistoric shell midden,recorded by William Haag in 1955. Due to the project's location,the comments address our concerns regarding the potential impact upon this archaeological resource. We recommend that any permits issued for the project include the following condition. Prior to initiation of any ground disturbing or dredging activities within the project area,the permittee shall engage an experienced archaeologist to relocate and identify the site boundaries of 31HY6 and determine if the proposed undertaking is within the boundaries of this site. If the proposed project is within the site boundaries, the investigator will evaluate whether the site is eligible for listing in the National Register of Historic Places (NRHP). In addition the investigator should determine whether the site may be adversely affected by the project activities;and,if so,develop and implement an appropriate mitigation plan should the site be considered eligible for the NRHP.All activities associated with the archaeological investigation shall be coordinated with the Office of State Archaeology through this office. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at htW://www.arch.dcr.state.nc.us/consultants.htm. The archaeologists listed, or any other experienced archaeologist,may be contacted to conduct the recommended investigation. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 919)733-4763 733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 47/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/715-4801 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley,environmental review coordinator, at 919-733-4763. In all future communication concerning this project,please cite the above-referenced tracking number. cc: Mr. H. E.Whichard,Jr. 0 W ATF9 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 'a Alan W.Klimek,P.E.Director —� Division of Water Quality April 21, 2005 Mr. H.E. Whichard, Jr. P.O. Box 1863 Bayboro, NC 27835-1863 �V'U`' Subject: Stormwater Permit No. SW70;4405 General Stormwater Permit Hyde County Dear Mr. Whichard: The Washington Regional Office received the completed Stormwater Application and supporting information on April 4, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7050405 dated April 21, 2005 to H.E. Whichard, Jr. for the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714 . Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3923. Sincerely, /n-Rog K. Thorpe Environmental Engineer Washington Regional Office cc: H d Richardson oug Hugget, CAMA Washington Regional Office Central Files o` NhCarc ,VWUra North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 (6 1 State Stormwater Management Systems Permit No. SW7050405 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO H.E. Whichard, Jr. Hyde County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grassed swales and buffers to serve a proposed residence, driveway, boat ramp and parking area located on the Pungo River at the end of SR 1150 in Hyde County. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. The total project area includes 76 acres. Approximately 0.8 acres of new impervious area is proposed. 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the proposed piping shall be allowed except: 1 a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1 . Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Change of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. r 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal)which have jurisdiction. Permit issued this the 21 th day of April, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, PE, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7050405 of corsrq�,, it z 0, l North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Preston P. Pate, Jr. Director Division of Marine Fisheries D 0 FROM: Doug Huggett 274 005 Major Permits Processing Coordinator JIM DATE: 19 April 2005 D VT d F SUBJECT: CAMA/Dredge & Fill Application Review APPLICANT: Mr. H.E. Whichard, Jr. PROJECT LOCATION: Hyde County PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed<�ly Date /Z z/0 S e VnoCarohna 943 Washington Square Mall,Washington,North Carolina 27889 mrally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 0. APR 21 2005 �— North Carolina Department of Environment and Natural ResourceUr +arm,o�f� Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM J TO: Renee Gledhill-Early NC Department of Cultural Resources Archives & History Building MAY o 2 �arl� FROM: Doug Huggett Major Permits Processing Coordinator Morehead �i�y IVI G� DATE: 19 April 2005 SUBJECT: CAMA/Dredge & Fill Application Review APPLICANT: Mr. H.E. Whichard, Jr. PROJECT LOCATION: Hyde County PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date ' Z G 0� NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 's of COAS7q�.7�y, 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 Dt Pay .17 To. Mr. William McNeil t,►oT Director Division of Community Assistance .. FROM: Doug Huggett Major Permits Processing Coordinator '✓/� DATE: 19 April 2005 SUBJECT: CAMA/Dredge & Fill Application Review APPLICANT: ,Whichard, Jr. PROJECT LOCATION: Hyde County PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. his office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date .One Carolina 943 Washington Square Mall,Washington,North Carolina 27889 Mural!f Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper o�coAS7gl n� z North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Jim D. Simons, P.G.,P.E. State Geologist& Director Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator DATE: 19 April 2005 SUBJECT: CAMA/Dredge &Fill Application Review APPLICANT: MfO%E.-W-highavd, Jr. PROJECT LOCATION: Hyde County PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 ache tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. ✓ This office approves of the proposed project only if the recommended changes are incorporated. See attached. rc, This office objects to the proposed project for reasons described in the attach d c ents. C Signed Date 7 O N�oneCarolina 943 Washington Square Mall,Washington,North Carolina 27889 ►Wffrallb, Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper apF COASlq�,� 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 Joe Henderson NC Department of Administration State Property Office FROM: Doug Huggett Major Permits Processing Coordinator _ i i t�wJ� 1`�l �-_ _`, t � 9 DATE: 19 April 2005 'I i�(!``1( {it 9, � .� SUBJECT: CAMA/Dredge & Fill Application Review U APO 2 ;,.:i APPLICANT: Mr. .WJaiGhard,Jr. DOA STATE F' PROJECT LOCATION: Hyde County PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed wli Date a b S oce N Carolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.netl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ap4 coasrq�a C!� o f North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director QQ]] Ross Jr., Secretary ir1���11�� �' MEMORANDUM eau City _,%WIif >hi�AC�DE�ENTPtl1MT TO: Ken Pace /,1 Urot 1407d-- NCDOT 'E— Jere(. %rJe W. Raads�de pe o State Construction/Materials Branch EC& r►�t'________` Held Oiler. ng. FROM: Doug Huggett Major Permits Processing Coordinator Wsi n DATE: 19 April 2005 q t Ei��e w9etetian Mqt.,, -- SUBJECT: CAMA/Dredge & Fill Application Review APPLICANT: &A , Jr. PROJECT LQCATION: 'Hyde County PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if'you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. _ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. r• This office objects to the proposed project for reasons described in the attached comments. Signed (�m. J ,kh Date y'Z��o Nor thCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nocoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r:. z � 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 MEMORANPUU__ TO: Patty Fowler { NCDENR Division of Environmental He It 2 -i V FROM: Doug Haggett sANITATln Major Permits Processing Coordinator'' 1 DATE: 19 April 2005 Err,. SUBJECT: CAMA/Dredge & Fill Application Review u 'i � z APPLICANT: MrjW. Whichard, Jr. i MAY _ 8 is PROJECT LOCATION: Hyde County SANITATIe?, PROPOSED PROJECT: Applicant proposes to establish a single-family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land. Please indicate below your position or viewpoint on the proposed project and return this form by 10 May 2005. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. ` Se,e, rf f 4 h 4,k REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed 4;V1 � �J� ,�'i. /�vwl e i Date .�— I-0 j— NorthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturallff Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Developme dType . FEE DCM% DWQ% 14300 16D1 4351 DOOM 1625 6253 (24300 1602 43510D095 2341) L Private,norncoarunerdal devfilling that a doe of an y not �ve S25D 100%(S250) D%(SO) the wetlands or open water areas: 11. Public or commercial development that does not involve the filling or S4OO 100%($400) SO° ( ) . excavation of any wetlands or open O,G waterareas 111. For development that involves the _ fang and/or excavation of up to 1 acre of wetlands and/or open water areas,defennine if&B.C,or D below applies_ tll(A} For Private,noncommercial development,If General water Quality MD 100%(S250) Certification No.33D1(see attached) can be appied: 111(13k For pubic or commercial development.if General water Quality $4D0 100%(5400) 0%($O) Certification No.3301(see attached) can be applied Ill(C} If General Water Quardy Certification Na 3301(see ached) could be applied,but DCM staff determined that additional review and $400 60%(S240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic fife: 111(D). If General Water Quality Certification No.3301(see attached) S4DD 60%(S240) 40%($160) can not be applied: IV. For development that involves the filing and/or excavation of more $475 60%(S2E5) 40%($190) than one axe of wetlands and/or open water areas: Ile 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 19 April 2005 BEAUFORT-HYDE NEWS Post Office Box 99 Belhaven, NC 27810 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 27 April 2005 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3812. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 Thank you. Sincerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: _Nor hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.netl 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 N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 11 April 2005. According to the said application, H.E. Whichard, Jr., proposes to establish a single family residence complete with an upland boat basin, new pier, boathouse and shoreline stabilization on a 76 acre tract of farm land at property located off State Road 1150 on the east side of the Pungo River, east of Durants Point, in Hyde County, near Scranton, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT DIVISION, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, 400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 22 May 2005 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 27 April 2005 in the BEAUFORT-HYDE NE`i'S for the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL MANAGEMENT DIVISION. COASLIl O� 3 8 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 19 April 2005 Mr. H.E. Whichard Post Office Box 1863 Greenville,NC 27835 Dear Mr. Whichard: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located off SR 1150 on the east side of the Pungo River, east of Durant's Point, in Hyde County,near Scranton,North Carolina. It was received on 11 April 2005 and appears to be adequate for processing at this time. The projected deadline for making a decision is 25 June 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 also serve as your notice of an extended revie«-. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the 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 Steven J. Trowell,Field Represe tative Division of Coastal Management Washington Regional Office ENCLOSURE c: Doug Huggett Terry Moore One NotthCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Al atmnally Phone:252-946.6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagementnett An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r i CAMA ERMIT APPI- IE F PROJE T: �LJCA S - E cvlz_ 7-le,!�-7 �7iQP /L G ,Qtf.�o�2 r- 11y' c /✓�Lt�� COMMENTS ACCEPTED THROUGH .21 d& 21JO-5- APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: _Yl��s�ii►/Gr��/I�C Z7��9 K� � G rcx/ �/L 2��'9 Postal Lrl CERTIFIED . (DomesticIL RECEIPT only; N ='CARRBORtl"HC ?751�1 1<°a Postage $ $1.06 o d.ol 03E? 0 Certified Fee Return Receipt Fee $1.75 Postmark C3 (Endorsement Required) Here cO Restricted Delivery Fee $I I.III) O (Endorsement Required) ft.l Total Postage&Fees $ $5.11 03!25/2005 O p Sent To t /-.4 ro i l.. t��_�. Street,Apt.No.: -..._ _...._....�--------- i or Po Box No. 13 N�v City,State,ZIP+4 — -- Cr� L 6 0n0 )1, Cr .27,-/d Postal Service mCERTIFIED MAIL RECEIPT ru (Domestic Mail Only; ru Er _ µ HEY BER?a HC=2E563 s � m ,I- Postage 5 $1.06 o $2.6 0399 Certified Fee , p5 _- O Return Receipt Fee $1.75 Poster.; Here O (Endorsement Required) -B $0.Ill) ro Restricted Delivery Fee c3 (Endorsement Required)f1J Total Postage S Fees $ $ •11 03/25/2005 O O Se To Street,Apt.No.; Q i or PO Box No. D. / �,[ /3 L !.. --------•--_-------L_.._..--..1 fCiiy�sfatt,ZIP+� ^/ 5 3 :11 11 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(P ase Print Clearly) B D e of elivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Si a re so that we can return the card to you. �o gen ■ Attach this card to the back of the mailpiece, X dd es or on the front if space permits. D. I elivery addre diffee 1? es 1. Article Addressed to: If YES,enter delivery ad ess Yo 6 3. Service Type ❑Certified Mail ❑ E press Mail /�C _� ❑ Registered eturn Receipt for Merchandise ((J� 5 ❑ Insured Mail 111���jjj C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy 7002 0860 0004 3079 2248 7002, o g PS Form 3811, July 1999 Domestic Return Receipt to2595•0 -N-oBS_ 04/11/05 MON 14:53 FA1 252 975 3751 HOOD RICHARDSON Q 003 (919) 975-3472 HOOD RICHARDSON, PA Engineers-Surveyors-Geologists 110 West Second Street Washington,North Carolina 27889 VB0-- re.cl� CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0860 0004 3079 2255 Mr. & Mrs. Antoni Kokot 313 Carol Street Carboro, NC 27510 Dear Mr. & Mrs. Kokot: I Mr. H. E. Whichard, Jr. has applied for a CAMA Major Permit to stabilize approximately 2,100 feet of shoreline, construct a boat basin, a boat ramp, repair a pier and build a new pier on a 76 acre tract of land that adjoins your land in Hyde County. I You have thirty days in which to make comments and/or present objections to: Mr. David Moye i CAMA Area`Consultant Coastal Area Management 943 Washington Square Mall Washington, North Carolina 27889 Telephone: 252-946-6481 Enclosed are a copy of the application and a copy of a site map. I am Very truly yours, Hood L. Richardson, PE HLR/sbr I i COMPLETESENDER: COMPLETE THIS SECTION • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received (Please Print Cl" B. Dii't f Delivery item 4 if Restricted Delivery is desired. e ■ Print your name and address on the reverse so that we can return the card to you. C. Si nature ■ Attach this card to the back of the mailpiece, Agent or on the front if space permits. ❑Addressee 1. Article Addressed to: D. Is delivery address different from Rem 17 ❑Yes If YES,enter delivery address below: ❑ No 3. Service Type ❑Certified Mail ❑ Express Mail ?i S ❑ Registered >�Retum Receipt for Merchandise ❑Insured Mail ❑C:O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number(Copy from s - --- 'E)02- 8 7002 0860 0004 3079 2255 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-I2.0952 { Est at Lrxu-`ss Tax DUIJ� PAGE 487 ----------------------[SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA]----------------- NORTH CAROLINA Prepared By: HORNE & HORNE, PLLC COUNTY OF HYDE Return To: U a 2004:z THIS DEED, made and entered into this the 10`h day of August, 2004, by and between EDNA BROOKS HARRELL, divorced, of Beaufort County,North Carolina, hereinafter called GRANTOR; and H.E. WHICHARD, JR., of Pitt County, North Carolina, hereinafter called GRANTEE; WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration to him in hand paid by Grantee, the receipt of which is hereby acknowledged, has given. granted, bargained, sold and conveyed and by these presents does give,grant, bargain,sell and convey unto the said Grantee. his heirs and assigns, in fee simple, the following described real property. to-Wit: BENG 76.04 acres together with right of egress along an access road with State Road 1 !550 as platted on survey map entitled,"Voliva Tract,Property of Harry S. Brooks, Sr., Heirs,"dated May 10. 1991 by Hood L. Richardson,RS,of record in Plat Cabinet C,Slide 117,Hyde County Registry. Further reference is made to the Third Tract described in deed of record in Deed Book 90,PaLe 282, and the Second"Tract described in Book 91,Page 42,Hyde County Registry,to which map and deed reference is herein made and incorporated for a more complete and detailed description. TO HAVE AND TO HOLD the above described real property with all the rights, privileges and appurtenances thereunto belonging or in anywise appertaining unto the said Grantee, his heirs and assigns, in fee simple forever. And the Grantor, fur himself, his heirs and assigns, covenants with Grantee, his heirs an: assigns. and rrssrididw of record and 2004 ad valorem taxes which are to be prorated between Grantor and Granter at the time of closing, noncompliance -oath local, county, state or federal governmental laws, ordinances, or regulaLi ons relative to zoning subdivision, occupancy,use,construction or the development of the subject property,if any,and that he xvill«•arrant and defend the title to the same against the lawful claims of all persons whomsoever. When reference is made to the Grantor or Grantee, the singular shall include the plural, and any reference to gender shall include masculine, feminine and neuter. IN WITNESS WHEREOF, Grantor has adopted the word "SEAL" as his seal and has hereunto set his hand and seal on this the day and year first above written. (SEAL) 4ETAO L-VROaOASARRELL STATE OF NORTH CAROLINA COUNTY4EDA T I, r a Notary Public of the aforesaid County and State do hereby certify thBROOKS HARRELL, personally appeared before me this day and ackno,ivledaed the due execution of the foregoing deed of conveyance. Witness my hand and Notarial Seal, this the/C/�day of August, 2004. {.S= SEAL HFRE) ,uuiullrrr,, . 1 NOT-XRY PUBLIC ;\ ,t My Commission E ires: -7 NORTH CAROLINA,HYDE COUNTY S I The foregoing gi t ate of l`I a Notary Pub!: of the County of r ,State of 9't , together with h —e� Notarial Seal attached is certified to be correct. This i strument was presented for registration and recorder: in Real Estate Booka0 page 8 1 This the D '^ day of -.,2oo t4 at oZ- !.3 o'clock 9. y �ne R`gisre�ofDe'ec B rr�-l-on.�`�