19870287 Ver 1_COMPLETE FILE_19880215

4 1
Permit Class
Renewal
STATE OF NORTH CAROLINA
Department of Natural ResiSir nd,`Community Development
%" ?t14
f+.

® Excavation d?6r1 g pUS?
to NCGS 113-229
Permit Number
38-84
Issued to Norman J. Selby, Route 2, Box 122 Belhaven, NC 27810
authorizing development in Beaufort County at Mixon Creek
as requested in the permittee's application dated 9/2/83 including
attached plats, sheets 1-5 of 5 dated 6/83.
This permit, issued on -)-/ILI Cf , 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) Prior to any work authorized by this permit, the permittee must contact
the Division of Coastal Management at 946-6481 and the Corps of Engineers
at 343-4632 and request a pre-construction meeting so as to preclude any
misunderstanding of the permit conditions.
(2) The proposed wooden bulkhead will average no more than 5' beyond the normal
water level and will be staked by a representative of the Division of Coastal
Management.
(3) No fill materials will be placed landward of the rock rip-rap, where the
rip-rap is aligned waterward of marsh or wetland borders of Mixon Creek.
(4) The proposed basin must not be excavated deeper than 4 feet below the normal
water level to more closely match near-shore water depths thereby providing
for better circulation and maintenance of water quality within the basin.
(5) All fill (excluding rip-rap) material to be placed below normal water level
See attached sheet for Additional
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing 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.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
January 31, 1989
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
.4 I
Norman J. Selby
Permit #38-84
Page 2 of 2
ADDITIONAL CONDITIONS
will be confined behind the permitted bulkhead.
(6) No marsh grass will be filled.
(7) No excavated or fill materials will be placed at any time outside of the
alignment of the fill area indicated on the plat.
(8) The rip-rap material must be free from loose dirt or any other pollutant
in other than trace quantities.
(9) The boardwalk to be constructed along the east side of the proposed basin
will be no wider than 6' to prevent shading of the marsh.
(.NOTE: The Division of Environmental Management has issued Water Quality Certif i-
cation #1709 for this project.
NOTE: In keeping with the provisions of GS 146-6(c) the State Property Office
of the Department of Administration has granted authorization to fill
State-owned submerged lands as described in this permit.

0
„tST/v?q
puM
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary July 22, 1987 Director
Certified Mail
Return Receipt Requested
Mr. Norman J. Selby
Route 2, Box 122
Belhaven, NC 27810
Dear Mr. Selby:
This letter is with reference to your application request for permits
under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law
to excavate two boat basins, with separate channels, as a part of a
subdivision development in the Smithton community on Scott's Creek in
Beaufort County. The application, which was accepted as complete on February
26, 1987, also depicts additional boating facility amenities.
Processing of your application, under an extended review, including
onsite investigation by cooperating state and Federal agencies, is now
complete. In the course of this review, four state and two Federal agencies
either objected directly or expressed concern over the project proposal.
Objections were based primarily on suspected impacts to water quality. Based
on the foregoing review, the Division of Coastal Management has made the
following findings:
1) The waters of Scott Creek to which the two proposed basin channels would
connect function as nursery areas for numerous estuarine fish and
shellfish;
2) Based on observation and data collection for similarly designed canals
and basins, there is a high probability that, due to poor flushing and
salinity stratification, the waters of the proposed basin system would
result in low dissolved oxygen with subsequent fish kills. Poor flushing
in basins of the design proposed is exacerbated by the lack of tidal
amplitude at the project site. The wind effect would not be expected to
assist in flushing the-proposed basin.
It should be noted the objection from the Corps of Engineers contained a
request from the Environmental Protection Agency for information from you on
basin flushing rate and expected dissolved oxygen levels. This information
has not been provided and, therefore, the concerns of EPA have have not been
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
MW
Mr. Norman J. Selby
Page 2
July 22, 1987
resolved.
3) Due to the projected impacts to the quality of the waters of Scott Creek,
it has been determined that the project would have a subsequent adverse
impact on estuarine fisheries resources;
4) It has been deteriflined that the proposed project is inconsistent with the
following partial listing of the Rules of the Coastal Resources
Commission: a) 15 NCAC 7H.0206(c) Management Objective gives the highest
priority to the conservation and management of the important features of
estuarine (and public trust) waters so as to safeguard and perpetuate
their biological values; b) 15 NCAC 7H.0208(a)(2)(c) requires that
development not violate water quality standards, and c) 15 NCAC
7H.0208(b)(1)(A) requires specifically that navigation channels or canals
have not significant adverse impact on water quality.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which
provides for permit denial upon finding a significant adverse impact on
estuarine resources; G.S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fill Law,
and G.S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
If you wish to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before a hearing officer who listens to the
evidence and arguments of both parties and then makes a recommendation to the
Coastal Resources Commission. Your request for a hearing must be in the form
of a written petition, complying with the requirements of Chapter 1506 of the
General Statutes of North Carolina, and must be filed with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, N.C. 27604, within
twenty days of receipt of this letter. A copy of the petition should be filed
with this office.
If you request a hearing, you may have a choice of hearing
officers--either a hearing officer from the Office of Administrative Hearings
or a member of the CRC. Unless you waive your right to a hearing before the
Office of Administrative-, Hearings in your petition, the hearing will be
conducted by a hearing officer of that agency.
14W
Mr. Norman J. Selby
Page 3
July 22, 1987
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sincerely,
-??- David W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, NC
Enclosure
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
June 2, 1987
SUBJECT: File No. SAWC087-N-007-0272
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Mr. Norman Jerol Selby for a
Department of the Army permit to excavate two canals and two
basins and construct wet boat storage and boat launching
facilities associated with commercial marina operations off Scott
Creek, near Smithton, Beaufort County, North Carolina.
Neither the U.S. Fish and Wildlife Service or the National
Marine Fisheries Service posed any objection to Mr. Selby's
proposal, but by letter of April 1, 1987 (copy enclosed), the U.S.
Environmental Protection Agency (EPA) voiced concerns regarding
the possibility of degradation of water quality. By letter of
April 22, 1987 (copy enclosed), we requested Mr. Selby to provide
additional information needed for EPA to formulate final comments.
To date, Mr. Selby has not complied with our request; and
therefore, we have no alternative but to recommend that the
application be denied.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
-2-
v
Copies Furnished without Enclosures:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
May 6, 1987
M E M O R A N D U M
TO: John Parker
FROM: ?Bill Mills &??
SUBJECT: Application for CAMA Permit
Jerol Selby
Beaufort County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
1. Excavation of the two high ground borrow areas
does not present a problem for water quality as
long as they are not connected to area surface
waters.
2. Plans to connect these two basins to Scott Creek
by two access channels will create long, dead-end
canal systems. Such systems, because of poor
flushing characteristics and salinity
stratification, often result in low dissolved
oxygen below state standards and fish kills. It
is very likely that these problems would develop
on this proposed system.
BM/dkb
cc: Roger Thorpe
.01- 4
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 28, 1987
MEMORANDUM
TO: Bill Mills
Permits and Engineering
THROUGH: Roger K. Thorpd45N t r ality Supervisor
Washington Regional Office
FROM: William J. MooY`e, "EnVvirronmental Technician
Water Quality Section
Washington Regional Office
SUBJECT: DF/CAMA Recommendations
Jero1 Selby
Beaufort County

The applicant proposes to excavate two borrow pit areas on existing high.
ground. These areas are currently used for agricultural row crops. After
the borrow material has been removed, the two pits would be converted to
boat basins. Plans are to connect the boat basins to Scott Creek by
excavating two access channels. One system would be a total length of 681
L.F., the other sytem would be 950 L.F. in length.
I have no objections to the owner excavating borrow areas on high ground;
however, the connection of the borrow areas to Scott Creek will cause problems
with regard to water quality. By connecting the borrow areas to Scott Creek,
the owner would create two systems that would experience poor flushing and
result in D.O. and salinity stratification. D.O. violations and subsequent
fish kills in long dead-end canal systems have been documented on numerous
occasions.
Because the proposed development will lead to violations of water quality
standards, it is recommended that the DF/CAMA application be denied.
WJM/ekw

NKDA.TA tCAMA/4 01 REV RATE 43/?.0f8Z J
AQ- ION )' ADD FILE > ` DFCAMA401 PSWI) > =t; . EOfi?fA1 > NRDF£AMA NEXT RCI? ; > 00204
ACTION = ADD. ENTER THE DATA TO DE STORED 'RI) DATA
PRDJ.wn-: 00200. PRGJ: SELDY; 'JEROL COUNTX' ;BERUFCIR7 REGION: .0'7
ASSIGNED TO: WJ ? - JOINT NOTICE : N
TYPE - CERI IFTCATION RECOMMENDATION DATES YYM"D
,401 EQn ISSUE' °RECEIVED 8703f<3
AM#? ON{lf GC :: DENY ZNITIAL REPORT- F370320
D AMA:. Y -GC
' FtOLi? Y- ` ' ? FIN ` REROPT
' RECtIVING, STREAM =
SCOTT CREEK" = CSS SCE
T A?
COMMENTS ,
SITE .LOCATEI?: JUST dFF HW,Y 99 °LAT THE 1 UNI"T CIF SMITHTON , .:NEAt?'. BtLHAVEN
,
EXISTING :89- ACRE TRACT USED 'FOR AGRICULTURE
P'ROP'OSAL TO (i )DEVELOP 44 RESIDENTIAL , LQ7-S• .(2) EXCAVATE i BOAT RASIN; 500 X I5G
X 4.5 FT DEEP CONNECTED TO CREEK B Y i$,i LF ACCESS CANAL(3) EXCAVATE
450 X,200 X 4.5 FT DEEP BOAT BASIN CONNECTEO.:'TO CREEK BY 504 LF::ACCESS CANAL
. (4) CONSTRUCT COMMUNITY BLDG. WITH POOL AND ; 4 GA FF' , L I TES
ADDITIONAL COMMENTS PENDING
COPIES: WAR©-CENTRAL-MILLS-GOSSETT
V F
87
Orr ;iLi,,;

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1- Applicant's name -No rman Jerol Selby
2- Location of project site Beaufort Countv:•Smithton Scott Creek
No photo
3• Investigation type: Dredge b Fill' X.CANA X
4. Investigative procedure: (A) Dates of site visit 2-26-87
_
(B) Was applicant present -7es-
5• Processing procedure: Application received 2-26-87 Office- Washington
6. Site description: (A) Local Land Use Plan Beaufort Count
Land classification from LUP• ura
Development cam traintq identifibd in LUP•_She Rural C ass
provides for agriculture-and-other Tow i
t
it
- n
ens
y uses

(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters X
Estuarine waters Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private Commercial X
(E) Type of waste water treatment: -
Existing
Planned Septic tank
(E) Type of.structures: Existing. None
Planned- Single family dwelling s, possibly future townhouses
(G) Estimated annual rate of erosion N/A Source N/A
7. Habi tat description:

(A)
Vegetated wetlands:
Dredged AREA
Filled Other
Cladium jamaicense +_ 1000 sq.ft.
Distichlis spicata
Foxtail + 10,000 sq.ft.
(B) Non-vegetated wetlands:
(C) Other:
Highground + 1739000 sq.ft.
(D) Total area disturbed: + 184,000 sq.ft.
8. Project summary The applicant is proposing to develno a 69.31 acre tract of land
.on Scott Creek into a 40 lot subdivision, with two large marina basins, recreation
facilities and'possibly a future townhouse complex.

Environmental setting
The applicant's property (69.31 acres), is located in the Smithton Community in
Beaufort County. The majority of the property is being utilized for agriculture
except for that portion which borders Scott Creek. This area which varies from
+ 100' to + 500' in width is vegetated by various species of coastal wetlands.
Located on the property are two drainage ditches which extend from the edge of
highground through the wetland area to Scott Creek. The ditches vary from 181'
to 550' in length and from 12' to 15' in width. The-ditches average + 2' in depth
at normal water. Spoil piles which vary from 15' to.21' in width are located
alongside each ditch. The majority of both spoil areas is vegetated with Cladium
lamaicense, Distchlis s icata, and Foxtail, and other wetland vegetation.

The applicant is proposing the following:
(1) The subdivision of the 69.31 acre tract of land into:(a) Approximately 40 lots
for single family dwellings. The lots will vary from 26,000 sq.ft. to 43,560 sq.ft.
Each lot will have a separate well and septic tank system. (b) An area which
will be reserved for future condominium development. (c) An area which will be
reserved for commercial use. (d) An area which will be used as a recreation area.
Located in this area will be 4 to 6 camping sites, swimming pool, tennis courts
and restrooms.
(2) The excavation of two boat basins. (a) Boat basin number 1 will be 500' in
length by 150' in width. It will be excavated to a depth of -4.5' at normal water.
The basin will be excavated within an existing agricultural area. Access to the
basin will be obtained by widening the existing 1811 long ditch to a width of
35' and to a depth of -5' at NWL. This will be accomplished by excavating the
existing spoil area which is located beside the existing ditch. All spoils will
be transported to highground. Located within the basin will be a 150' long by 40'
wide boat storage area, and a 40' long by 28' wide boat ramp with side piers.
Beside the basin will be a dry boat storage facility. (b) Boat basin number 2
will be 450' in length by 200' in width. It will be also excavated to a depth
of -4.5' at normal water, and will also be excavated within an existing agricul-
tural area. Access to this basin will be obtained by widening the existing
500' long ditch to a width of 35' and to a depth of -5' at NWL. This will be
accomplished by excavating the existing spoil area which is located beside the
existing ditch. All spoils will be transported to highground. Located within
the basin will be a 200' long by 40' wide boat storage area and a 40'.long by
28' wide boat ramp with side piers. A dry boat storage facility will. be
constructedbeside this-basin also.
Environmental impact
(1) If the project is conducted as proposed + 11,000 $qq ft. of various.species`of
wetland vegetation will be excavated. All of this vegetation is ?groNing.atop.:
existing spoil areas.
(2) Potential water quality degradation within the two canal-boat basin systems.
Environmental impact (continued)
(3) No wetland vegetation will be filled.
(4) Some turbidity will exist in Scott Creek when the existing ditch is widened
and the earthen plug between the canal and basin is removed.
David L. Gossett - Washington office - 13 March 1987

it,
l
DownEast Land Surveys
Clifton L Diawp
Red/c/arad Land Sveyayor
P.O. Box 711
Plymouth, MQ 27962
0"'C* (919) 79 -OW Res. 793-4690
February 10, 1987
Scott Creek Subdivision
(Narrative)
N. Jerol Selby
t'--me-ek-,'D 8*64opwent-i s'wde Q i gne"
a residential subdivision with outdoor recreational
activities for all age groups.
The Project's main feature will consist of two
boat basins which will be developed over a period of
five years. Material from the basins will be sold and
hauled away from the site throughout this time frame.
It is planned to excavate Boat Basin No. 1 first. The
access ditch to Scott Creek will not be excavated at
this time, but will remain as is until all excavation of
Basin 1 is complete. Once water in the pond achieves a
high degree of clarity, the ditch and dam will then be
removed and hauled away. Boat Basin No. 2 will be
constructed by the same method.
Following landscaping,;the.basins will be designed
and.developed for small run-about type boats supporting.
both wet and dry storage facilities. A boat ramp will ,be
constructed for each basin with small finger piers at
the .ramps plus day :mooring docks. Rest room facilities'"
be established. at each basin for -men andwomen.
l ' teal cam r s
_ p;, mite facility will be constructed "bn
'the south ;6nd. of Boat Basin No. 2. w
The camping.
a
will support from four to :a sites only and these'
part es: will have access to ,'Basin No. rest room ' k{s N
facilities.
1 1,
Scott Creek Subdivision Narrative - p. 2
t The area between the two Boat Basins will be
reserved as a recreational area and will be landscaped
with shrubs and trees - primarily the hardwood species.
Walking paths will be developed to connect all sites
within the recreational areas.
On the extreme east side of the recreational area
a planned small community building will be constructed
and will access a swimming pool and two tennis courts.
Area "G" on the preliminary-project design will be
WAS
reserved for a six to eight unit To se
construction will not be started for eight to ten years.
The remainder of the tract will be subdivided into
lots ranging from 26,000 sq. ft. up to one acre in
size. As home owners begin to establish residence, a
Homeowners Association will be organized to begin
governing the affairs of the development.
The projected time schedule for the construction
of the boat basins, recreational area and roads will be
over a five year period, followed by an additional
three to five year period for residential development.
Clifton L. Bro
for
N. Jerol Selby
S
1A
yam, ' •• .
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.1?`rs ?yZ
APPLICATION •L
FOR
PERMIT TO EXCAVATE AND/OR FILL
( WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration
(GS 141:12) Stan of North Carolina
epartment of the Army
Department of Natural Resources and Community Development DCorps o
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFf Engineers, WgmMtgton Olstrict
(33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1• Applicant Information .
,?. Name Selby Norman Jerol
First
Middle
Belhaven Street, P. O. Box or Route
N* CO 27810 964-4171
City or Town State
11. Location of Proposed Project:
A. County _Beaufort
B. 1. City, town, community or landmark Smithton
2. Is proposed work within city limits? Yes
C. Crock, river, sound or bay upon which project is located or nearest named body of water to project
-------------
Scott Creek
I11. Description of Project
A. V Maintenance of existing project Yes Yes
2
New wo
k
.
r
B. Purpose of excavation or fill
181'
35'
L /Access channel There are 2 Ic ngt i5 t
2 width r t d
h r
5
5 t
ept
2. Boat basin
550' 1 r
3. Fill area-_ None Icngth45UT Width -depth _
t
both - 4,5 ave. tide elv
length width
4. Other depth
C. I. Bulkhead length length width depth
- - Avenge distance waterward of MHW (shoreline)
2• Type of bulkhead co
aloe' shore r
aou basin

nstruction (material) treated wood
U. Excavated material (total f .
or project)
1. Cubic yards a- r n,r r,,S d sand
--__.?._2. Type of material
E. Fill material to be laced below MHW (sec also VI. A)
1
IY?O
C
.
ne
ubic yards
??
2 Type of material -.-`LA
IV. Land Type. Desposal:Area, and Construction
Equipment:
A Does the area
tc? be excavitod include
E ac s iltc d' marshland. swamps or other wetland? ... Yes
+sposal area 'Include any
hl
d
.._ No. a•CGess ..ditch
+nan
ari
, swamps or other wetland? Yes_
C. Disposal Area ; ..
,
N0 pY?3
1• " Lgcation 8 it ..from clean out of existi ditch
2 Do. You claim tick to di
posal ar
a?
oil ad t 1

s
e
e8 mat rOm amine
U. Fill material
source if fill 'Is to be trucked in None ;r
s
E. HqJh 118' material be entrapped
and erosion controlled? W i l l
t
inn
Or stream.
1 1 YPc al equipment to be used
G Will marshland be crossed in tran
ort*
n t
ror
+
S equupment to project Site? If Yes, explain
utlisi '-exileting spoil along ditch banks ?
No - . W i 1 1 b P

V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Hang Development or Industrial Hous ins?
4. Other Recreation as well as wet and dry boat storage faciliti s
Tract size is 69.31 acres - No. of lots will total approximately 40.
s. I. Lot size(s) Minimum size - 26000 s . ft. too 43560 so, ft-
2- Elevation of lot(s) above mean high water-- 4 f et n1„s
3. Soil type and texture sandy loam.
4. Type of building facilities or structures Homes; Boat Storage Units.
facilities 0501x40' Basin 1 & 200'x 40' Basin 2 Covered top on pig
S. Sewage disposal and/or waste water treatment A. Existing Planned - Yes
e• Descrwe All water derived from wells- gewa e b septic tank & fields
6' Land Classification4l (citicle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL.
.
,-? CONSERVATION OTHER Sea Y (iIl.SYARPsis)
A. Does the Proposed project involve the Placement of fill materials below mean high water? Yes No X
6. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project com tion? Yes S No
2. Type of discharge sur?eace runoff meowing rains ad j aeent to basins.
3. Location ofdischargearound edges of basins. Note attachment A
VlL Present rate of shoreline erosion (if known); Nan P
Vlll. List permit numbers and issue dates of previous
work in Department of Army Corps of Engineers or State permits for
project area, if applicable:
IX. Length of time requkW to complete pry: goy ?, a period of five ears. eve opment an
X. In addition to the eompbted application form, the following items trust be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11" white papa (see instruction booklet for
details). Note: Original drawings Preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon ad t riparian landowners by registered or
certified trail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses'pf theriparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
letters showi g Tevi.ew of Pro i ect by ad i oini landowners are
attached to this a lication.
77- -
XI.. CettifiatJpoaj _ '
with the Ststie of North' tY ?t to the best of my knowledge, the proposed activity complies
?: tipptoved coastal management pr llyarn and will be cotnd XW 1n a
manner consistent with strdr pragr?n +
X11. An
y permit issued purm ant to this application wg! allow onl the d
cation and plat. Applicants shouldtherefore y evelopment described in this**i•
describe
opment activities, including construction: excavation, filling, and land clearing.
)ATE _..?1r?
10,
Applicant's ture
C/71
,.
AF_
? • b
Attachment "A"
Drainage
There will be some sheet flow in
the basins from the area that immediately
adjoins the Basins. The Recreational Area
type and vegetation. Drainage for the
proposed Subdivision Development areas
will be directed to the large drainage
ditch which is the eastern most property
line for the tract. Note Development
Map for detailed direction.
t.

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 28, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO87-N-007-0128
Mr. Norman Jerol Selby
Route 2, Box 122
Belhaven, North Carolina 27810
Dear Mr. Selby:
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of April 10, 1987, we have
been informed that your application for State authorization to
extend a canal, construct a boathouse and construct and backfill a
bulkhead on Mixon Creek, Bayview, Beaufort County, North Carolina,
has been denied. Under the administrative rules of our regulatory
program, denial of required State authorization precludes
favorable consideration of a Federal permit. Accordingly, your
Department of the Army application is hereby denied, and your file
has been retired.
Additionally, we received unfavorable comments from the
U.S. Fish and Wildlife Service (copy enclosed). Their reaction to
your proposal is the result of anticipated significant adverse
impacts. I have provided these Federal agency's comments to alert
you to concerns in addition to those identified in the State's
denial letter. While appealing the State permit is the next step
in pursuing State authorization, you should.be aware that the
Federal agency's comments will be unchanged by the outcome of that
appeal. Because of the Federal agency's influence on Department
of the Army permit decisions, it is unlikely a Department of the
Army permit would be available unless your project can be modified
to lessen its impacts.
Mr. Ken Jolly of my staff is available to answer any questions
you may have or to assist you in developing a revised plan. He
may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosure
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t? recommend that the permit be held in abeyance until the above referenced
information is received and analyzed by this Agency.
Sincerely yours,
r'
E 4.Hein/en,?Chief
Marine and Estuarine Branch
Aiater Management Division
cc: See enclosed
i
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cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management,
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL

..

"1 J
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-007-0272
Mr. Norman Jerol Selby
Route 2, Box 122
Belhaven, North Carolina 27810
Dear Mr. Selby:
RECEIVED
SAAR 3 0 1987
WAS LF QUALITY SECTION
OPERATIONS
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received March 16, 1987, for a
Department of the Army permit to excavate two canals and two
basins and construct wet boat storage and boat launching
facilities associated with commercial marina operations off Scotts
Creek, near Smithton, Beaufort County, North Carolina, indicates
it to be a candidate for Federal authorization under this general
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 general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC087-N-007-0272 and will be
coordinated by Mr. Ken Jolly. He is available to address
questions or comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 23, 1987
Enclosure
-2-
. 'w
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
Y orth Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S.. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889
.:_.?

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor April 10, 1987 David W. Owens
S. Thomas Rhodes, Secretary Director
Cerfified Mail
Return Receipt Requested
Mr. Norman J. Selby
Route 2, Box 122
Belhaven, NC 27810
Dear Mr. Selby:
This letter is in response to your application request to modify permit
No. 38-84, issued on March 21, 1984, under the Coastal Area Management Act
(CAMA) and the State Dredge and Fill Law for boat basin excavation, pier
extension and shoreline stabilization. - Permit No. 38-84 remains active. The
modification request is for basin extension at your property on Mixon
Creek, near Bayview, in Beaufort County. Processing of your application,
under a joint State and Federal review, including onsite_investigation, is now
complete.
Based on the foregoing review, the Division of Coastal Management has
made the following findings:
1) The site for the proposed basin has been determined to consist of:
a) a 1000 sq. ft. area of restored wetland which will most likely
show signs of vegetative recovery this growing season to reestablish
a viable marsh of Carex species; b) an approximately 6000 sq. ft.
forested wetland drain, containing black gum and oak;
2) The wetland described above, while relatively small in size, becomes
more valuable as other habitat types decrease and as shorelines are
bulkheaded. Wetland drains entering the Pamlico River and its
tributaries provide: a) water quality functions by filtering
impurities from upland runoff, b) breeding, nesting and feeding
habitat for a variety of fish and wildlife;
3) Alteration of wetland drains or headwaters in years past and the
loss of that valuable filtering action is, no doubt, a contributing
factor to the water quality problems in, and associative resources
depletion of, the Pamlico estuary today;
4) The project proposal is determined to be inconsistent with: a)
Rules of the Coastal Resources Commission covered in NCAC 15
7H40206(c) which describes the management objective for estuarine
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4
"Mr. Norman J. Selby
Page 2
April 10, 1987
waters as follows: To give the highest priority to the conservation
and management of the important features of estuarine waters so as
to safeguard and perpetuate their biological, social, aesthetic and
economic values, 2) provisions of the dredge and fill law which
state that a permit may be denied if it is determined that estuarine
resources will be adversely impacted.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which
provides for permit denial upon finding a significant adverse impact on
estuarine resources, G. S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fill Law,
and G. S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
During the course of the review, cooperating agencies suggested
alternatives which could possibly be approved and that might serve your needs.
The suggested alternatives were to: 1) turn the basin east into adjacent
highground or 2) construct the boat house over the landward or waterward end
of the pier. Department representatives are available to discuss these
alternatives. It is, of course, the, policy of this office to assist an
applicant with his project while protecting our vitally important coastal
resources.
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing to challenge the factual findings Or legal, condlus ions regarding this
denial. A hearing is 'similar to a trial, involving appearing before a hearing
officer who listens to the evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. A decision
by the Commission, adverse to you, may be appealed in the courts. Your
request for such a hearing must be in the form of a written petition,
complying with the requirements of Chapter- 150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings,
P. 0. Drawer 11666, Raleigh, N. C. -27604. The request for a hearing must be
submitted to the Office of Administrative Hearings within twenty days of
receipt of this letter. A copy of this petition should be filed with this
office. Enclosed, please find a petition which may be used for your hearing
request.
If you request a hearing, you may have a choice of hearing officers,
either a hearing officer of the Office of Administrative Hearings, or a
hearing officer selected by the CRC (usually a member of the CRC). Unless you
waive your right to a hearing before the Office of Administrative Hearings,
the hearing will be conducted by a hearing officer of that agency. If you
prefer to have your hearing before a hearing officer of the CRC, you must sign
the."Waiver" contained in the enclosed petition form.
Mr. Norman J. Selby
Page 3
April 10, 1987
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral, Assistant Director at 919/733-2293, P. 0. Box 27687,
Raleigh, N. C. 27611.
Sincerely,
e id W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, NC
Enclosure
.aSEA YrtE o
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
13 March 1987
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Office of Coastal Management
Raleigh, North Carolina 27611
Dear. Mr. Parker:
The attached copy of an application submitted by:
Norman Jerol Selby
Applicant's Name
David W. Owens
Director
Scott Creek Beaufort County
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencie's having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; attached; X will be forwarded later.
S'ncerely,
Charles S. Jones, ief
Field Services Section
CSJ:ap:3566
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer