Benjamin Lewis

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
January 6, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-072-0214
1 %
Mr. Benjamin Lewis
2200 Mill Road
Richmond, Virginia 23231
Dear Mr. Lewis:
4

Reference your application for a Department of the Army permit
to excavate a basin, construct and backfill a bulkhead, and
construct a pier on Albemarle Sound, Holiday Island, Perquimans
County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
. If any change in your work is required because of unforeseen
or altered conditions or for any other reason, plans revised to
show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any
such change or alteration. Such action is necessary as revised
plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Y
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
?ater 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. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
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
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, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

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DEED Pr(;pUred` by:.
Michael I.. Szymanski
1io-a CAROLINA ?t ( lloliday Island, Inc.
1 +? 1112 Laskin Rd.
PLN IK&NS COUNTY BOOK 10OPAGE 1U
? Virginia Beach, Va. 23.151 •, •, .'
THIS DEED, made the 31 day of August 1981 , by and between
e BOLIDAY ISLAND, INC., hereinafter called Grantor, Michael C. Brown, Trustee,
and Benjamin F. Lewis and Frankye W. Lewis, of Rt. 5, Box 320-L, Richmond, Va. 23231
t { ts'f.??
hereinafter called Grantee, whether one or morel
WITNESSETII:
That said Grantor in consideration of One Hundred Dollars and other vslugalq•':::Inr
considerations, paid by the Grantee, receipt of which is hereby acknowledged, has' r;.
'I
bargained and sold and by-this instrument does grant, bargain, sell and convoy
a:
unto the said-Grantee, hdwstreccor their) heirs and aaaigns the following dsllCrlki 4.i.: .
real property situated in Perquimans County, North Carolina: 1 I "
as shown on
Lot (a) No. 91 Section _ M
Plat of Holiday Island, recorded in Perquimans County Public Hagistry 4
is Plat Book 4 rage 283 ;( ..?
"
Grantor reserves all sub-surface oil, gas and mineral rights in the pboyr,
described property.
TO HAVE AND TO HOLD the aforesaid lot or ?,arcel of land and all :mprovemants ,.
privileges and appurtenances thereunto belonging to the said Grantee,h11Xx?tx or t
their) heirs and assigns, in fee simple absolute forever. This conveyance is nado t
subject to easements and rights of way of record, to ad valorem taxes for the
current year, and co all reservations, restrictions on use, covenants,,-and obltuatloglti'
relating to Holiday Island which are of record in Parquimans County, North Carolina,`''
all of which restrictions, payments of charges, and all other coventnas, agrsamentp?
obligations and recordations, including but not limited to, the obligatign'to rack
I. payment of assessments for the improvement and maintenance of holiday Irland and f:
?. its recreation areas, parks, and facilities, arty incorporated herein by rsfsrence:
and shall constitute covenants running with the land, equitable servitua4o,,Ap •4'.'c:` `
lions on the lot hereby conveyed.
Grantor covenants to and with Grantee that it is seized of said prepegy
fee,. and has the right to convey the same in fee simple; that same 1a free of
t that Grantor n
xaa..,ttl?rc,?caa except as above .at fort.:, and .. t.:st Gr: n..__ d:e'e hereby e.rehy warrent and
vi11 forever derand the ti_le to the same against tha lawful, claims at
whoaaoever. ll j ,', 1Y"`sI
MICHAEL C. BROWN, Trustee, joins in the execution of this dood'for Fhe pu>;pgq' It,1I
of releasing the property herein conveyed from the lien of the Deed of Trust 4t1 q4
May 29, 1975 recorded in Deed of Trust Book 59, at Page 263, Perqulman+l Gpun?X ''.': ;.. .";•:;;;.y`y?
Registry. ?,.:' ~• r•?:;
IN TESTIMONY WHEREOF, the said Grantor has caused this dead to by gulled
its corporate name by its President and attested by its Assistant Secretary, and''
r
sealed with its common corporate seal, and the said Trustee has hereunto oat hid
hand and attached as his seal the typewritten word "SEAT." appearin bssis¢ 4d
name, the day and year first above written. $
HOLIDAY STAND INC.
:r
(CJRl pB&?'.?.' r.?.1L)^ A't/ ST: BY: 1
James E. Johnson, Jr., Prsq dint
AagigC:ant Sec:.;L. ,. •:
-. .r a.„•
} .:'a
.."•. `''TATE OF ti MiC til C. Brown, Trust;a
/!! f7/!TATE
T' • a ;'t:7
CISE TAX %•;?"
501 {F .:
u___. ?'p{ 3
STATE O-?f: SST TE OF t?
N F{ROLINA NOR 9! OLINA
l R AL ESTATE dG-{ F?SE?SSTTTpA.
GE ISji TAX R`V X - 11r.••.T.'aL.Y.1"',?VUI.?rSJ•?µi'..
t o.oo $5.0o Tax S tamps $ h ?j?
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
BOOK 100PAGE 163
I, the undersigned notary public, certify that MICIIAFL L. SZYMANSKI
personally came before me this day and acknowledged that he is Assistant
Secretary of Holiday Island, Inc, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal, and attested by himself as
Assistant Secretary. ;Y•r.
• rr rlll 7?'%'
WITNESS my hand and notarial seal, this 11,e day of
t ary Palic _- i- -?S
My oom !-ssion exnires-
j4II

STATE OF NOR`PH CAROLINA
COUNTY OF 1) U S (? -
I, ?'Cllt`Cc Y}? l)?l? Gr\) a Notary Public, due hereby certify that
MICHAEL C. BROWN,' 4s Trustee personally appeared before me this day and acknow-
ledged the due execution of the foregoing instrument for the purpose therein stated.
WITNESS my hand and official seal, this the day of 2,.?• ./, 1981.
All-,
Notary Public . "'Z
My commission expires: 'a'j r a
1301 .SCS `'' •?, : N
STATE OF NORTH CAROLINA COUNTY OF PERQUIMANS
The foregoing certificates of Notaries Public are certified to be correct.
This instrument was presented for registration this day and hour and duly '.recorded
in the Office of the Register of Deeds of Porquimans County, North Carolina, in
Book 100 Page 162
1982
This 17th day of May JQIJ1, at 9;00 o'clock A. M.
Jeanne C. White
Register of Deeds
'^l Perquimans County
BY: +? AQ Qnah-?Assistant

Permit Class Permit Number
Minor Modification STATE OF NORTH CAROLINA 123-82
Department of Natural Rem-end Community Development
Coa al.,Resb rc6s- rssion
f? t
r fq--N
nt'in'y . ' onmental
X j to
p1n
? Ma ofi1 v?
Conc A
/
it 12, 0
tJ
a Excavat`ion?atid?br g/pb?fit to NCGS 113-229
issuedto Benjamin F. Lewis, 2200 Mill Road, Richmond, VA 23231
authorizing development in Perqui mans County at Albemarle Sound at Hol i da_y Island
Subdivision as requested in the permittee's application dated 3/17/86 including
attached plats, 3, 2 dated received 3/21/86 and revised bulkhead alignment dated 9/23/86.
This permit, issued one 1q ? , 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) The new bulkhead (which will replace an authorized bulkhead destroyed in
the fall of 1985) will be positioned on the alignment depicted in the attached
plat dated 9/23/86.
(2) The fill material will be clean and free of any
quantities. Metal products, organic materials,
not be used.
pollutants, except in trace
or unsightly debris will
cavation of the new channel will begin offshore at the four (4) foot
an low water depth in the existing channel and proceed landward. Water
pth should be constant or decrease in the landward direction, and in
case, exceed 4' NWL.
1 excavated materials will be confined above mean high water and landward
regularly or irregularly flooded marsh behind adequate dikes or other
taining structures to prevent spillover of solids into any marsh or surroun-
ng waters.
,iit action may be appealed by the permittee
,d persons within twenty (20) days of the
peal requires resolution prior to work
fiance, as the case may be.
'tst be accessible on-site to Department
eject is inspected for compliance.
`e work or project modification
requires further Departmental
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
when the permit expires on
`e State of North Carolina
nsistent with the North
rogram.
This permit and its conditions are hereby accepted.
Signature of Permittee
0

Benjamin F. Lewis
Permit #123-82
Page 2 of 2
ADDITIONAL CONDITIONS
(5) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or below the normal water level to prevent gully erosion
and unnecessary siltation.
(6) The terminal end of the pipeline will be positioned at or greater than
fifty (50) feet from any part of the dike and a maximum distance from spill-
ways to allow settlement of suspended solids.
(7) A water control structure will be installed at the intake end of the effluent
pipe to assure compliance with water quality standards.
(8) The diked disposal area will be constructed a sufficient distance from
the mean high water level or any marsh to eliminate the possibility of
dike erosion into or upon any marsh and/or surrounding waters.
(9) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge. Increases such that the turbidity in the waterbody is 50 NTUs
or less are not considered significant.
(10) Vegetated wetlands will not be excavated or filled.
(11) The disturbed area will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project completion.
NOTE: The project site,,is located in an area having a high probability of con-
taining cultural resources such as artifacts, human remains, etc. If
such materials are encountered, the permittee must immediately stop work
and notify the District Engineer, Wilmington Corps of Engineers, 343-4629
and the N. C. Division of Coastal Management at [phone].
NOTE: The permittee and/or his contractor is urged to meet with representatives
of the Division of Coastal Management and/or the Army Corps of Engineers
prior to project initiation.
E: •
D A . i::;
AMMENTS
. I I::. !.,::. :
LOCATED AT L'I
OL.....DA Y ISL
AND DEVELOPMENT NEAR HERY
FORD
,. .'ii.....l....t...,.`I
?! I tl!•. ..I .. ,..,.. 11'?'..!'.,i..j`:"``" ., t_
`..i ...?..I...?.. T :.. CONSTRUC
O
i ?? •.: ,:°. L.
T i? ..'. WOODEN PIE R , i':"::' L..i:.. OF WOODEN
BULKH EAD; AND A I 65 X 30 F..,. ACCESS CHANNEL IN 1" MAN-MADE CANs;
rlEI:.I:.. .I.;:':. ..:.O!!L:. t.:ONI°U:.; .I:OI.: Ri::::. TI"I E:: TYPE OF ....QU.i.PMI..:i, TO BE ,_.,.:E..• FOR THE EXCAVATION
1"IE PLAT INDICATES A HYDRAULIC DREDG... WH.i....E THE APPLICA TION 1i • !.::.:::
'?t..?.i.t.;t l 1 A

10 MEASURES I••iitVE ;{I.:.I.:. N P.:.i:ir'L.t.:I..D O i"{.:;..t.lRE THAT THE SPOIL WIL..L.. BE •.?.!..:::i'O:.>i:.D +i,..

i !. ? I::'1...4.i??l1'`?
t..:
I CONTACTED L?'i:::. {1°i.L.: IS SUE ADDITIONAL COMMENTS
U:I? . ti:.{`•..f.!..i`G
i.iP.I:I:::;:::: WAj;:O....i..::Ei'•:..1 RAI... ....i' :I:I...i...:::.....is5R'i A4'•.,
RE CEI E
APR 2 5 1986
WATER QUALITY SECTION
OPERAYIONS BRANCH
a
d Nt 5CATF
?? CIUM ?•
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 Director
April 14, 1986
Mr. R. Paul Wilms, Director
Division of Environmental Management
Raleigh, North Carolina 27611
®??1:.
Dear Mr. Wilms: V-t
Xi
The attached copy of an application submitted'by:
BENJAMIN F. LEWIS
Applicant's Name
91M Holiday Island Subdivision, Albemarle Sound Perquimans
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
development permit...
for a CAMA major development permit (only) ...
is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than May 5, 1986
Sincerely,
h R. Parker, Jr., Chief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

MEMORANDUM
TO: BILL MOORE
FROM: LuAnn Bryan
SUBJECT: Application for CAMA Major. Permit and/or Dredge ?qs
and Fill Permit
cr NFL
DATE: April 14, 1986 ?'7 OA-
Attached is an application by BENJAMIN F. LEWIS
which was received by me on 4/7/86 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions, do not hesitate to contact me.

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name BENJAMIN F. LEWIS
2. Location of project site Perquimans County, Holiday Island Subdivision, Lot 91,
- Section R.
79 Phnto-Raf _ #196+-1581 , .1R, .17
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 4/7/86
(B) Was applicant present yes
5. Processing procedure:
6. Site description: (A)
Application received 4/7/86 _ Office Elizabeth City
Local Land Use Plan Perquimans County
Land classification from LUP
Development constraints identified in LUP none identified
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing
Planned Septic tank
(F) Type of structures: Existing
Planned Single family residence
(G) Estimated annual rate of erosion Source SCS SEI
7. Habitat description:
(A) Vegetated wetlands:
AREA
Dredged Filled Other
(B) Non-vegetated wetlands:
Access channel
(C) Other:
4800 sq. ft.
(D) Total area disturbed: 5975 sq. ft.
8. Project summary The applicant proposes to construct an access channel, pier and
bulkhead at his property located at 91 M Holiday Island Subdivision, Perquimans County,
Albemarle Sound.

BENJAMIN F. LEWIS
BIO REPORT
PAGE 2
PROJECT DESCRIPTION
The applicant's property is located in Perquimans County in Holiday Island
Subdivision, Lot 91, Section M on the Albemarle Sound. The lot is undeveloped,
with the bulkhead and pier, according to the applicant, having been destroyed
last fall during the storm after Hurricane Gloria which caused such a high tide.
The lot now is eroding badly. The property is high ground, with no low areas and
no evidence of submergent or emergent grasses.
The applicant proposes to construct a bulkhead approximately 195' in length
and an average of 5' from NWL, with the maximum distance beyond being 107. The
applicant proposes to bulkhead along his old alignment and connect with two existing
bulkheads.
The applicant also proposes to construct a wooden elevated deck 20' wide X 25'
long, to a height of 12' above the proposed bulkhead. Underneath of this proposed
deck, the applicant proposes a boat basin, approximately 10' wide X 20' length and
4' in depth, connecting to a proposed access channel 165' long by 30' wide and 4'
deep to connect to adjacent waters of the same depth. The applicant proposes to use
a hydraulic dredge to perform this work. The applicant had a CAMA major permit #
123-82 for this channel and basin and also a pier and bulkhead. The only work the
applicant undertook under the permit was construction.
The proposed basin and access channel. would result in the excavation of,5150
square feet of shallow sound bottom, with approximately 740 cubic yards of soil
material being excavated. The proposed bulkhead would result in the filling of
975 square feet of shallow sound bottom which until recently had been bulkheaded.
Approximately 110 cubic yards of soil would be placed below the NWL but would be
confined by a proposed bulkhead. This excavation would result in increased levels
of turbidity, however, if timed during periods of least biological activity, should
have minimum impacts.
Submitted by: LuAnn Bryan Date: April 14, 1986
''b- APPLICATION ? kItu
FOR .
'? PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPM @?M
Department of Administration State of North Carolina Departmentbae `r4h'q'"'•^-^
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Distri,
(GS 113.229, 143.215.3(x)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)

'i
.,4

"3
Please type or print and fill in all blanks. If information is not applicable, so indicate by plaeing N/A in blank.
1. Applicant Information
A. Name imins, BENJAMIN F.
Last First Middle
B. Address 2200 Mill Road
Street, P. O. Box or Route
Richmond Virginia 23231 804 795-2074
City or Town State Zip Code Phone,
11. Location of Proposed Project:
A. County Perguimans
B. 1. City, town, community or landmark Holiday Island, North Carolina
2. Is proposed work within city limits? Yes . No No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Albemarle Sound at Holiday Isilmd, North Carelina
111. Description of Project -
A. 1. Maintenance of existing project 2. New work Bulkhead. Boat. basin and. Deck
B. Purpose of excavation or fill
1. Access channel length-.,.160 width _30 depth 4
2. Boat basin length... .lwidth. 219-depth 4 Ft.
3. Fill area length width depth
4. Other elevated deck length 20 width 25 depth
C. 1. Bulkhead length 195 Ft a Average distance waterward of MHW (shoreline) Ft. _
2. Type of bulkhead construction (material) j"x 60 Salt Treated Post, 411x 67 "(ST) Planking and
D. Excavated material (total for project) 2t x 811 (ST) Runner.
1. Cubic yards Aporo 6„000 D.T. 2. Type of material - Clay
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated includt any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland; swamps or other wetland? Yes No X
C. Disposal Area
1. Location Place as Pill indicated area
2. Do you claim title to disposal area? Yes .
D. Fill material source if fill is to be trucked in Vv-land Location
E. How will excavated material be entrapped and erosion controlled? N/A
F. Type of equipment to be used Pr®asnre RIM hYdr-aill1r. dredging
G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO
D& F-B 1
Rev. 10178
?.? ' o7

` V. IntmWed Use of Project Area (Describe)
A. 1. Private S F residence Proposed
4+ 2. Commercial
3. Housing Development or Industrial
4. Other
y B. 1. Lot size(s). 3141 x`.7??1rx .19'9.41
2. Elevation of lot(s) above mean high water S F
3. Soil type and texture .Sandy
Y 4. Type of building facilities or structures proposed S F residence
S. Sewage disposal and/or wastewater treatment A. Existing Planned Septic Tank
B. Describe
6. Land Classification (circle one)( DEVELOPED) TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
r A. Does the proposed project involve the placement of fill materials below mean high water? Yes-X_No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_ No x
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known): 21 tier Year
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: 123-82 -CAMA October 1, 1982
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must 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'h X 11"white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
90
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served Mr- W- F. In se 90 nd 89M 1 -18-86 and M
D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Z.G. Holloway 92M
Such owners have 30 days in which to submit comments to agencies listed below. 3-18-86
and 89M Mr. Y.F. Voss, 925 Five ;corks Road, Virginia Beach, Virginia 23455
92M Mr_ M.G. Holloway. 1744 North Landstown RoAd. Virginia Beach, Virginia 2345E
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinals approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the developme described in this appli
cation and plat. Applicants should therefore describe in the application an plat II anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 3-17-86
D&F-82
Rev_ 10/78
SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
. Lewi
If
Signature

I
INAR?3?`,.
UENJAMIN LEWIS
PERQUIMANS COUNTY, NORTH CAROLINA 0cm
LOT 91 , SECT. M OF HOLIDAY ISLAND
RECORDED IN _.MAP BOOK 4 PAGE 283
SCALE I INCH= 40FEET SEPT. 19, 1978 40b
EG. SURVEYOR; n q ?ti ?
?, •L/?ret.r.t 1G: Property of 4 ` ,5??%,? i
Hr. Z.G. Holloway
d T Q1 3744 North Landetown Road
y -
.6 ',? o Virginia leach. Virginia -jr,i ',
Z i I
Q r`v d ; 23+56 60
Qt:
2D Ott' itt'I
A?v 4Cr `4 0 f.jo eo
!r/ QP
4 M
411
area to ~?1ed
d ii \ ev. 4
i I
N lpproz 6000 C.T. Natl. to be
V o ?g removed from channel by
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4. 41 below Water Line
5. 121 Height of Boat-.Basin
6. 101 With of Boat Opening
7. 251 Length of the Boat Basin
8. 201 Width of the Boat Basin
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 7, 1986
SUBJECT: File No. SAWC086-N-071-0214
APR 14 1986
Mr. Benjamin F. Lewis
2200 Mill Road
Richmond, Virginia 23231
Dear Mr. Lewis:
RECEIVED
WATER QUALITY SECTION
OPERATIONS BRANCH
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 20, 1986, for a
Department of the Army permit to excavate a basin, construct and
backfill a bulkhead, and construct a pier on Albemarle Sound,
Holiday Island, Perquimans 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 and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-072-0214 and will be coordinated by
Mr. Jeff Richter, telephone [phone]. He is available to
address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch

Enclosure
-2-

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
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, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management ,
108 South Water Street
Elizabeth City, ;North Carolina 27909
IN ntrLr IitrtH I V
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 7, 1986
SUBJECT: File No. SAWCO86-N-072-0214
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
RF' "ED
APR n ?? aI???
WATER. 4` rit.J' t`;710N
OPERATIONS BRANCH{
Dear Mr. Mills:
Enclosed is the application of Mr. Benjamin F. Lewis for a
Department of the Army permit and a State Water Quality
Certification to excavate a basin, construct and backfill a
bulkhead, and construct a pier on Albemarle Sound, Holiday Island,
Perquimans County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by June 2, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
4,h sW. H1 is
Regula ory Branch
Enclosure
a
-2-
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
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
4 Akp1L
APPLICATION
FOR
yes t y C a"° ?'?' C ar
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR *Wi°rt+ ?D
pp t.
Department of Administration State of North Carolina Dap tl TiQ?? IdiiANCH
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113.229, 143-215.3(x)(1), 143.215.3(c), 113A•118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/Ttfy?w
1. Applicant Information
A. Name LEWIS, BENJAMIN F.
Last First Middle
B. Address 2200 Mill Road
Street, P. O. Box or Route
Richmond Virginia 23231 804 795-2074
City or Town State Zip Code Phone
I. Location of Proposed Project:
A. County Perguimans
B. 1. City, town, community or landmark Holiday Island, North Carolina
2. Is proposed work within city limits? Yes No No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Albemarle Sound at Holiday Island, North Carolina
111. Description of Project
A. 1. Maintenance of existing project 2. New work Bulkhead, Boat- ba>3in and Deck
•B. Purpose of excavation or fill
1. Access channel length- _-width_ . depth
2. Boat basin length-10 Ztwidth.30: to depth 4 Ft
3. Fill area length__width__depth
4. Other length width depth
C. 1. Bulkhead length 195 Ft. Average distance waterward of MHW (shoreline) 5 Ft.
2. Type of bulkhead construction (material) j"X 60 Salt Treated Post, 411x 4# (ST) Planking and
D. Excavated material (total for project) 211 x 8" (ST) Runner.
1. Cubic yards Appro 62000 C.Y. 2. Type of material. clay
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location Place as Fill indicated area
2. Do you claim title to disposal area?_. Yes
D. Fill material source if fill is to be trucked in Upland Location
E. How will excavated material be entrapped and erosion controlled? NIA
F. Type of equipment to be used Pressure Pi=
R
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
D& F-B 1
Rev. 10/78
4"u?? d /

f.

V. Intended Use of Project Area (Describe)
A. 1: Private S F residence Proposed
2, Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 3141 x, 4 e192 19 .?Vt
2. Elevation of lot(s) above mean high water S F
3. Soil type and texture Sandy
4. Type of building facilities or structures Proposed S F residence
5. Sewage disposal and/or waste water treatment A. Existing Planned 5entie Tank
B. Describe
6. Land Classification (circle one)( DEVELOPED) TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land. Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes-X-No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known): 21 per Year
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: 123-82 -CAMA October 1, 1982
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must 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 i
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 paper (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 adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served Mrs 1. F. Voce 90 And' 89M '3-18-86 and Mr.
D. List names and complete addresses of the riparian landowners with property adjoining applicant's. 3' G' Holloway 92M
Such owners have 30 days in which to submit comments to agencies listed below. 3-18-86
90 and 89M Mr. V.F. Voss, 925 Five Forks Road, Virginia Beach, Virginia 23455
92M Mr. M.G. Hollow v. '3744 North Landstown RoAd. Virginia Beach, Virginia 23456
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinaks approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the developme t described in this appli•
cation and plat. Applicants should therefore describe in the application an plat II anticipated devel-
V
opment activities, including construction, excavation, filling, and land clea ng.
ATE 3-17-86 Benj . hewi
D
Applica 's Signature
D&F-02 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 5, 1986
SUBJECT: File No. SAWC086-N-0072-0214
?' aaa0 .
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:
r
W Ai Q':1 to 11 'Stc? ?
OPERATIONS BRANCH
Reference the application of Mr. Benjamin F. Lewis for a
Department of the Army permit to excavate a basin, construct and
backfill a bulkhead, and construct a pier on Albemarle Sound,
Holiday Island, Perquimans 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:
a. The new bulkhead will be positioned on the alignment of
the deteriorated bulkhead. It will be positioned no farther than
an average of 5 feet or a maximum distance of 10 feet from the
normal water elevation contour at any point along its alignment.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. The fill material will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials, or
unsightly debris will not be used.
d. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of this
permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without transferring it to a third
party.
-2-
e. All excavated materials will be confined landward of the
normal water elevation contour within adequate dikes or other
retaining structures to prevent spillover of solids into any
vegetated wetlands or surrounding waters.
f. The terminal end of the pipeline from the dredge into the
diked retention area will be positioned at or greater than 50 feet
from any part of the dike and at a maximum distance from spillways
to prevent dike erosion and to allow adequate settlement of
suspended solids.
g. A water control structure will be installed at the intake
end of the effluent pipe leading from the retention area in order
to ensure maximum settlement of suspended solids.
h. Flow from the diked retention area will be confined by
pipe, trough, or similar device to a point at or below the normal
water elevation contour to prevent gully erosion and resultant
unnecessary siltation.
i. Excavation will not exceed 4 feet below the elevation of
normal water.
J. Vegetated wetlands will not be excavated or filled.
k. 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 are not
considered significant.
1. This permit does not convey any property rights, either in
real estate or material, or any exclusive privileges; and that it
does not authorize any injury to property or invasion of rights,
or any infringement of Federal, State, or local laws or
regulations.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
-3-
Copies Furnished:
/Mr. 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, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Permit Class
1st Renewal/,- STATE OF NORTH CAROLINA
Mi nor fro iii cati on Department of Naturall_ nd Community Development
Hi s K 71K,
0
ED
? J
1 ?jin4
,?n_ 1pRlL 12. {7?6 _,.,c
to NCGS 113-229
Issuedto Benjamin F. Lewis, 2200 Mill Road, Richmond, VA 23231
Permit Number
123-82
authorizing development in Perguimans Countyat Albemarle Sound at Holiday Island
Subdivision as requested in the permittee's application dated 3/17/86 including
attached plats, 2, dated received 3/21/86.
This permit, issued on 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
aermittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile fin fish populations, no excavation or filling
will be permitted between February 15 and May 15 of any year without the
prior approval of the Division of Coastal Management.
(2) The new bulkhead will be positioned on the alignment of the deteriorated
bulkhead. It will be positioned no farther than an average of 5 feet or
a maximum distance of 10 feet from the normal water elevation contour at
any point along its alignment.
(3) The fill material will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials, or unsightly debris will
not be used.
(4) Excavation of the new channel will begin offshore at the four (4) foot mean
low water depth in the existing channel and proceed landward. Water depth
should be constant or decrease in the landward direction, and in no case,
exceed 4' NWL.
h
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
May 1, 1987
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

Benjamin F. Lewis
ADDITIONAL CONDITIONS
Permit #123-82
Page 2 of 2
(5) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or surrounding
waters.
(6) The disposal area effluent will be contained by pipe, trough or similar device
to a point at or below the normal-water level to prevent gully erosion and
unnecessary siltation.
(1) The terminal end of the pipeline will be positioned at or greater than fifty
(50) feet from any part of the dike and a maximum distance from spillways
to allow settlement of suspended solids.
(8) A water control structure will be installed at the intake end of the effluent
pipe to assure compliance with water quality standards.
(9) The diked disposal area will be constructed a sufficient distance from the
mean high water level or any marsh to eliminate the possibility of dike erosion
into or upon any marsh and/or surrounding waters.
(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 NTUs
or less are not considered significant.
(11) Vegetated wetlands will not be excavated or filled.
(12) The disturbed area will be properly graded and provided a ground cover sufficient
to restrain erosion within thirty (30) days of project completion.
NOTE: The project site is located in an area having a high probability of containing
cultural resources such as artifacts, human remains, etc. If such materials
are encountered, the permittee must immediately stop work and notify the
District Engineer, Wilmington Corps of Engineers, 343-4629 and the N.
C. Division of Coastal Management at [phone].
NOTE: The permittee and/or his contractor is urged to meet with representatives
of the Division of Coastal Management and/or the Army Corps of Engineers
prior to project initiation.

5

Ill. Description of Project
A. 1. Maintenance of existing project 2. New work Bulkhead, Boat. basin and Deck
B. Purpose of excavation or fill
1. Access channel length- .160 width _30 depth 4
2. Boat basin length.,--' Fttwidth,?6 t depth 4 Ft.
3. Fill area length_ .10 width depth
4. Other elevated deck length 20 width 25 depth
C. 1. Bulkhead length _ 195 Ft• Average distance waterward of MHW (shoreline) 5 Ft.
2. Type of bulkhead construction (material) G."x b" Salt Treated Post, 4111 60 (ST) Plonking and
D. Excavated material (total for project) 20 x S" (ST) Runner.
_ C13'
I. Cubicyards + ,,nr_o 61000 J..La 2. Type ofmaterial
?
E. Fill material to be placed below MHW (see also V1. A)
1. Cubic yards None 2, Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No S
C. Disposal Area
1. Location Place as Fill indacated area
2- Do you claim title to disposal area? Yes
D. Fill material source if fill is to be trucked in Upland Location
E. How will excavated material be entrapped and erosion controlled? N jA
y
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATER
WATER QUALITY CERTIFICATION
CAMA PERMIT FOR MAJOR DEVE
Department of$ie
Corps of Engineers, Wilmington District
(33 CFR 209.320-329)
Department of Administration State of North Carolina
(GS 14612) Department of Natural Resources and Community Development
(GS 113.229, 143.215.3(a)(1), 143-215.3(c), 113A-118
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
A. Name LEWIS, BENJAVIN F.
Last First Middle
B. Address 2200 Mill Road
Street, P. O. Box or Route 2321 804 795-207
Richmond Virginia
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Ferguimans
B. 1. City, town, community or landmark Holiday Island, North Carolina.
2. Is proposed work within city limits? YES No No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Albemarle Sound at HolidMZ Island, North Carolina F. Type of equipment to be used Pr sure Pilmn h?r,;J j C dredg:-
G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO
D& F-B 1
Rev. 10/78
V. Intended Use of Project Area (Describe)
A. 1. Private S F residence Proposed
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) _ 3141 x: ?.? ? x 193.4
is
2. Elevation of lot(s) above mean high water S F
3. Soil type and texture Sandy
4. Type of building facilities or structures Proposed S _F residence
5. Sewage disposal and/or waste water treatment A. Existing Planned _Seetie Tsnk
B. Describe
6. Land Classification (circle one)( DEVELOPED) TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land. Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes-Z6.- No
8. 1. Will any runotf or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known): 21 Aer Year
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: 123-82 -c AMA October 1, 1982
IX- Length of time required to complete project:
X- In addition to the completed application form, the following items must 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'/2 X 11" white paper (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 adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served Mr_ W. V. Voce 90 and 89M 1-18-86 and. M.
B. G. 86 92M
D. List names and complete addresses of the riparian landowners with property adjoining applicant's. 3--1818-86
Such owners have 30 days in which to submit comments to agencies listed below.
90 and 89M Mr. V.F. Vose, 925 Five Forks Road, Virginia Beach, Virginia 23455
92M Mr. E.G.-Ho lowFLy, 1744 North Lp-ndstown Road, Virginia Beach, Virginia 23456
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli.
cation and plat. Applicants should therefore describe in the application an plat II anticipated devel-
opment activities, including construction, excavation, filling, and land clearing. c f?? 7
DATE 3-17-86
D& F-82
Rev. 10/78
Appl
SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
1 .
Lewis
'1s Signature
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