19870019 Ver 1_COMPLETE FILE_19871013

James G. Martin, Governor
S. Thomas Rhodes, Secretary
CERTIFIED MAIL
Return Receipt Requested
Mr. Bob E. Covey
Ms. Gloria Halliday
Bay Sound Exper;i.mental Center
Raute 1`, Box 437
Bayboro, NC 28515
Dear Mr. Covey & Ms. Halliday:
October 13, 1987
David W. Owens
Director
This letter is in response to your application request for a Coastal Area
Management Act (CAMA) permit to develop an experimental shrimp rearing tank
and other structural amenities at your property located on Bear Creek off of
SR 1224 at Mesic in Pamlico County. Processing of your application, under a
joint state and Federal review, is now complete. The application was
determined to be complete on June 8. Bxtended processing was necessary and a
notice was forwarded on September 30.
Based on the foregoing review, the Division of Coastal Management has
made the following findings:
1) The waters of Bear Creek are classified SA by the Division of
Environmental Management for shellfish harvesting and classified as
primary nursery area by the Division of Marine Fisheries;
2) Wetlands provide important buffering from, and filtration of, runoff from
higher ground, thus, performing a valuable water quality function for the
waters described above;
3) The project calls for the filling of a relatively small but important
area of wetland;
4) The project description indicates that drain lines for an expanded septic
tank system will be placed in fill. This part of the project has
resulted in an objection being submitted by the Division of Health
Services;
.? ?,. SPATE
o?
?Y
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Fm-l-
w

Mr. Bob E. Covey
Ms. Gloria Halliday
Page 2
October 13, 1987
5) During the course of the review, three state agencies, in addition to the
Division of Health Services, and three Federal agencies objected to the
project based primarily on the filling of wetlands to create highground.
The review does not indicate objection to the shrimp rearing project, per
se;
6) The project is determined to be inconsistent with Coastal Resources
Commission Rule NCAC 7H.0209(e)(4) which requires that development not
have an adverse impact on estuarine resources.
Given the foregoing findings, it is necessary that your application
request be denied. This denial is pursuant to N.C.G.S. 113A-120(8) which
requires denial when the project is found to be inconsistent with the State
Guidelines for Areas of Environmental Concern.
Although alternatives have not been discussed, several review agencies
have emphasized that a favorable result is probable provided filling is
eliminated from the project design. Aquaculture is not being objected to in
this review.
If you wish to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge 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
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,
within twenty days of receipt of this letter. A copy of the petition should
be filed with this office.
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 'Lone 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.
1.
Mr. .Bob E. Covey
Ms. Gloria Halliday
Page 3
October 13, 1987
If you have any questions concerning the appeal procedure, please contact
Mr. John Parker at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sincerely,
avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U.S. Department of Commerce, OCRM
Washington, D. C.

Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, NC

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
September 2, 1987
M E M O R A N D U M
TO: John Parker
FROM: Bill Mills
SUBJECT: Application for CAMA Permit
Gloria Halliday - Bay Sound Experimental
Center
Pamlico County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. The proposed project will not require a 401 water
quality certification.
b. Proposed development density does conform to our
current stormwater requirements.
C. Applicant advises that no water will be discharged
from the shrimp tank to surface waters. Applicant
was advised that any discharges associated with
the shrimp operation may require an NPDES permit
from this Division.
BM/dkb
cc: Jim Mulligan

N1<DAT'r'-i DF /CAMr"7:'401 REV DATE::
ACTION ) :I:ND F:I:L..E:: : DFCAMA401 I°';:SWD ` FORMAT ` NRDF°C;AMA NEXT RC'D ` 00258
NRr ; 0 ENTERED THIS DATA, RECORD IS NO 00257 ) DATA
PR(.1..?O: 002 > r F'RO,..: HAL..L IDAY , i:;Li:iR:I:A COUNTY: PAML..:I:C.;O REGION : O ,r'
ASS1GN1*:1) TO : W,.)M Ld % " JOINT NOTICE: Id
TYPE CERTIFICATION RECOMMENDATION DATES YYMMDD
404 F'N : 401 RED: ISSUE: Y RECEIVED: 870621?
LAMA ONLY: Y GC: DENY: INITIAL REPORT: 870702
DF CAMA : Gi : ,
_ ._. , I . I-- 1..1(:?L..C? : 1
I::.I:ivN Al... REPORT:
870828
RECEIVING STREAM: UT-BEAR CREEK'
RE::E K' CLASS: SA
BASIN:
COMMENTS:
SITE LOCATED OFF SR 1224 NEAR MESIC,
PROPOSED HOME SITE AND E»XPE::Rl:ivENTAL.. SHRIMP TANK
DEVELOPED AREAS INVOLVE < 200 IMPERVIOUS (:OVER
APPLICANT STATED THAT THERE IS NO DISCHARGE FROM ,`.SHR IMP TANK
APPLICANT WAS ADVISED THAT ANY DISCHARGE:: ASSOCIATED WITH THE SHRIMP OPERATION
MAY REQUIRE AN NPDES PERMIT
COPIES: WARO-°CENTRAL-041I L:A-PAlll.:
RECEIVE[)
SE p Q 1 1987
'HATER QUALITY SECT10'L
- OpEpAT?C`M`; EFANC'I
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RE CE/ VC
JUL 0 6 1987
WATER QUALITY SECTION
OPERATIONS BRANCH
FIELD INVESTIGATION REPORT Long: 763617
1. Applicant's Name Gloria R. Halliday, Bay Sound Experimental Center
2. Location of project site Bear Creek, off SR 1224, Mesic, Pamlico Co.
3. Investigation type: Dredge & Fill CAMA X
4. Investigative procedure:
(A) Dates of site visit 3/26/87 6/11/87
(B) Was applicant present Y-- yes
5. Processing procedure: Application received 6/8/87
Office Morehead City
6. Site description: (A) Local Land Use Plan Pamlico County
Land classification from LUP Conservation
Development constraints identified in LUP
See Narrative
(B) AEC(s) involved: Ocean Hazard Estaurine shoreline x
Coastal wetlands Public trust waters-
Estaurine waters Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public. Private X Commercial
X
(E) Type of waste water treatment: Existing Septic Tank
Planned None
(F) Type of structures: Existing
Planned
(G) Estimated annual rate of erosion Source
7. Habitat description:
(A) Vegetated Wetlands
Wooded swamp/Pocosin
type wetlands
AREA
Dredged Filled Other
9500 SF
(B) Non-vegetated wetlands:
(C) Other:
House construction
625 SF
(D) Total area disturbed: 10,125 SF
i .
8. Project summary Applicant proposes to construct a residence and
an experimental shrimp tank at property located on Bear Creek
off SR 1224, Mesic, Pamlico County.
s
i
9. Narrative description
Applicants property is a tract approximately 5 acres in size
located on a private road off SR 1224 near Mesic in Pamlico
County. The property borders Bear Creek on the southern side
and consists primarily of land with elevations lower than 3
feet. These lands are primarily vegetated with mixed high
marsh near Bear Creek and this is transect with mosquito
control ditches. This property is relatively flat over the
majority of the tract, however it grades upward slightly in
the vicinity of the wooded portions. Mosquito control ditches
extend from Bear Creek right up to the private road. The
applicants mobile home is roughly centered on an area which
was filled prior to permit requirements. This area is
approximately 100 feet wide and 240 feet long. A mobile home
and dog pens exist on this area of highground which is
accessed by a fill culvert driveway crossing the mosquito
control ditch from the private road.
Wooded areas are characterized by Pond Pine, Loblolly Pine and
Red Maple with understory black needlerush and salt meadow
grass. This vegetation is growing on a hydric type soil.
The applicant has constructed his experimental shrimp tank
which is approximately 76 feet from the estuarine waters of the
mosquito control canal. This structure is wooden framed with
a plastic liner. For the present time the applicant has not
begun placing fill or begun constructing his residence as shown
on the permit plats. Applicant is seeking authorization with
this application for these additional development activities.
10. Anticipated impacts
Conducting this project as proposed will involve the filling of
approximately 9,500 square feet of these wooded swamp/pocosin
type wetlands with this development activity. The applicant
will also disturb approximately 625 square feet of previously
filled highground area with the construction of his proposed
residence. Bear Creek is classified as SA according to the
Division of Environmental Management; is a primary nursery
area according to the Division of Marine Fisheries and is
currently open to shellfishing according to the Division of
Health Services.
CAMA REVIEW
The Pamlico County land use plan classifies this area as
conservation. The purpose of conservation classification is to
manage areas that has significant limited or irreplaceable area.
This includes major wetlands. Pamlico County allows development
within the conservation classification in order to ensure
public access.
Nelson Paul

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Field Services Section Director
P.O. Box 769
Morehead City, NC 28557
919 726-7021
June 22, 1987
Gloria R. Halliday
Bay Sound Experimental Center
Route 1 Box 437
Bayboro, NC 28515
Dear Ms. Halliday:
The Division of Coastal Management hereby acknowledges receipt
of your application for state approval for development of your
property located on Bear Creek off SR 1224 near the community
of Mesic in Pamlico County. It was received on June 8, 1987,
and appears to be adequate for processing at this time. The
projected deadline for making a decision is August 24, 1987.
An additional 75-day review period may be necessary and if so
you will be advised of the extension and the new deadline.
NCGS 113A-119 (b) requires that Notice of an application be
posted at the location of the proposed development. Enclosed
you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You
should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some
examples would be: nailing the notice card to a telephone pole
or tree along the road right-of-way fronting your property, or at
a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could
result in an incomplete application.
An onsite inspection will be made and if additional information
is required, you will be contacted by the appropriate state or
federal agency. If you have any questions, contact me.
Cordially yours,
Nelson Paul
Field Consultant
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r
i
X
Am1CAT10N
FOR 5%
PERMIT TO EXCAVATE ANOtM FILL WATER 04JAUTY CERTIFICATION T
EASEMENT IN LANDS COVERED 8Y WATER C^MA PERMIT FOR MAEOR OEVUWMLW
ONerpwwt of AlttrMistretlew Still of NMte Cantrlwe Oepertwwe of the Amty
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(43 113.22!, 14121 3.3(&911. 143.213.3(c). It 3A- I IS (33 UIt 201.320.1291
Flow type w Piet and fill in all blanks If informatmet b not aA00kabb, w itdi w by piad" N/A inb/lank.
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1. Applkant In(oretatran GG'VE i3csb - e'od..://s Jw2c?
A. Name G' /, le-1 r( PK
C,Iv ar Town State
IL
Last First Middle
B. Address
Streets. P O Boa M Route _ a, fq
Loestim o(Pr Protect.
A. County "M / i C o ?1 e ,.
L I. City, town. community or landmark s `-sl?.r:-F .
2. Is prooosed work within city limit-0 Yts No
C Cmk, nver• round or bar moon which protect is located or nearest named body
IV. Land Type. Disposal Area. and Construction Eauloment /
A-
0*" the area to be eac-ivated include any m4(tht4nd. %wamps Of other wetland)- Yes No ?
S. Does the diw%4i Area include 4AV Ta(Mland. swamps or Whe( wetland' Yes No
C. Oisoosal Area --) j _
1. location ! k _
2. Oo yw( elatm title In drsaosal Area!
0. Fill material to,u,ce ,1 Iail ,s to be tn,ched
E. How wait eatavatcd m,140ri41 be entrapped 4nd erounn con(rrrlledr
to oroNct
IIL Dowiotian of Project
} i {
-' U LJ U L_J a
A. 1. Maintenance o(esrsunt profcct 2. New work t?
a. Purpose of excavation or fill
1. Access channel Itngth? wrdth deoch
2. Boat basin length width -
J
3
FRI area k
?
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;& depth
.
ngt-
width
- depth -
4. Other length - width ? deoth
C. 1. Bulkhead length Average distance waterwa(d of MHW {shc rettne)
. 2. Type of bulkhead construction (material) X,)?. AJ?
0. Excavated materRa soul for ofolect)

1. Cubic rods -1? 4D19 2. T rpe of mat•.nal 1 `
. I. ?.
E. Fill material to be ol.ced ow MHW (we aho VI A) 1
.
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1. Cubic rArds ? - _2. Tyoe of mate•,al l
F. Type of "u,oment w he used i.) y -z. rte" 12
G. Will marshland he crnsud in transporting eQu,otntnt to protect s,ter If res• taplatn
Zip Codt
CAP-41
Rev. 14/711

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S. Swage disposal and/or waste wuw tr.atin"t A. Exi'sart _ Maimed
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i. Land Clastafwuan fc,rcle ortr) OEVELOP60 TRAtii, ClfjNA;- COMMUNITY RURAL
G7NSEQvATWta CITHER _ (S" CAMA Lodi Land'Ust Plan Synot»et)
VL Pauktim to Fill and Water Quat,ty
A. Do" the orooosed cratec t ;rvolve the oimmwent A( roll Taurm% !fe14w •,e.•, st3h water? Y.e ? No
L 1. Will amv ninaff or a,Wtarle enter adwA"t watan as A result of oro•ect activity or planned tae of the
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VIL htae.u raft e>< ehaMi,te res:on lit kne?rw): t` t`Til? )` u t ,..' ) ; .?-?
VUL Lint Pwmk wAvAen and jaw data of pnviow Oeoartment of Arry -'?
n+y cm" e( Eittll?.rs ?r Sea r??;r b l ;
writ M OrM?d area, it aodieable:
UL Law* at time Mquir'ed to cawdea privet,: ?N PC _ - - ' - - -
X lA ddhMw to dtt Cal Weted amolicad- hem the ("*ill" ittmts must file or v
A. Attach a coot' of the d_ «d (with Sute aedicatiom only) or otnv mstcw,.rnt umdar whicch aopf,"M
claims cite to that affected orvoorty. OR If aodica e is not clai-fle to be the o• "M of said orcowty.
Ueat forvrard a co" of the deed or other imavj went umdr wAicA the o-w clawm tide plus written
permiuson from the owner to carry out the oroiect on his land.
•. Attach an accurate work otat drawn to scale on 8-h X 1 t" .hilt pacer (saw inurutuon booklet for
details). Note: Original draw,nts preferred - only h.qh Quality ca9,e% ,cceated.
C A coot' of the 40ohc ,son and plat must be nerved upon adiacant rioar,an tandow,ws.bv re>E,stered at
certdiad "tall w br ouclicat,nn (G.S. 113.224 (d))Enter date served u 0 r-tf'??
0. List name and comckte addreises of the noanan landowners with waawty adloitung aggilcant's.
Such owners have 30 davs in which to wont co.nntents to aeenc,es listed belay.
XL Carttr,catiow nquirer••.nt: 1 cen,ly that to the best of ^Y know4edu, the prooored activity corttp„ts
with the State of North Carolt"att aooroved coastal rnanaee„lent orowant and will be con' C* ?n a
mtarwer consistent with wch of Ceram.
XIL Any permit awed ourtu4nc to thrs aool,cat"" will 31110- only the dt-rlloament describod in this 40911
cation and plat. Aoolitantt should there}ore describe in tht aoel,catton and plat all anUuoated devei-
open"t activihet, inctuding construction. excavation, rillint, and land cterin%.
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40 r FIELD INVESTIGATION REPORT Long: 763617
1. Applicant's Name Gloria R. Halliday, Bay Sound Experimental Center
2. Location of project site Bear Creek, off SR 1224, Mesic, Pamlico Co.
3. Investigation type: Dredge & Fill CAMA X
4. Investigative procedure:/26/87 6/11/87
(A) Dates of site visit 3
(B) Was applicant present yes yes
5. Processing procedure: Application received 6/8/87
Office Morehead City
6. Site description: (A) Local Land Use Plan Pamlico County
Land classification from LUP Conservation
Development constraints identified in LUP
See Narrative
(B) AEC(s) involved: Ocean Hazard Estaurine shoreline x
Coastal wetlands Public trust waters
Estaurine waters Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public Pri,-Vate x Commercial. X
(E) Type of waste water treatment: Existing Septic Tank
Planned None
(F) Type of structures: Existing
Planned
(G) Estimated annual rate of erosion Source
7. Habitat description:
(A) Vegetated Wetlands
wooded swamp/Pocosin
tune wetlands
(B) Non-vegetated wetlands:
(C) Other:
House construction
AREA
Dredged Filled Other
9500 SF
F7S cr
(D) Total area disturbed: 10,125 SF
i
8. Project summary Applicant proposes to construct a residence and
an experimental shrimp tank at property located on Bear Creek
off SR 1224, Mesic, Pamlico Countv.

+i?T 1
9. Narrative description
Applicants property is a tract approximately 5 acres in size
located on a private road off SR 1224 near Mesic in Pamlico
County. The property borders Bear Creek on the southern side
and consists primarily of land with elevations lower than 3
feet. These lands are primarily vegetated with mixed high
marsh near Bear Creek and this is transect with mosquito
control ditches. This property is relatively flat over the
majority of the tract, however it grades upward slightly in
the vicinity of the wooded portions. Mosquito control ditches
extend from Bear Creek right up to the private road. The
applicants mobile home is roughly centered on an area which
was filled prior to permit requirements. This area is
approximately 100 feet wide and 240 feet long. A mobile home
and dog pens exist on this area of highground which is
accessed by a fill culvert driveway crossing the mosquito
control ditch from the private road.
Wooded areas are characterized by Pond Pine, Loblolly Pine and
Red Maple with understory black needlerush and salt meadow
grass. This vegetation is growing on a hydric type soil.
The applicant has constructed his experimental shrimp tank
which is approximately 76 feet from the estuarine waters of the
mosquito control canal. This structure is wooden framed with
a plastic liner. For the present time the applicant has not
begun placing fill or begun constructing his residence as shown
on the permit plats. Applicant is seeking authorization with
this application for these additional development activities.
10. Anticipated impacts
Conducting this project as proposed will involve the filling of
approximately 9,500 square feet of these wooded swamp/pocosin
type wetlands with this development activity. The applicant
will also disturb approximately 625 square feet of previously
filled highground area with the construction of his proposed
residence. Bear Creek is classified as SA according to the
Division of Environmental Management; is a primary nursery
area according to the Division of Marine Fisheries and is
currently open to shellfishing according to the Division of
Health Services.
CAMA REVIEW
The Pamlico County land use plan classifies this area as
conservation. The purpose of conservation classification is to
manage areas that has significant limited or irreplaceable area.
This includes major wetlands. Pamlico County allows development
within the conservation classification in order to ensure
public access.
Nelson Paul
6/22/87
4
'?. STATf???
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 Field Services Section Director
P.O. Box 769
Morehead City, NC 28557
919 726-7021
June 22, 1987
Gloria R. Halliday
Bay Sound Experimental Center
Route 1 Box 437
Bayboro, NC 28515
Dear Ms. Halliday:
The Division of Coastal Management hereby acknowledges receipt
of your application for state approval for development of your
property located on Bear Creek off SR 1224 near the community
of Mesic in Pamlico County. It was received on June 8, 1987,
and appears to be adequate for processing at this time. The
projected deadline for making a decision is August 24, 1987.
An additional 75-day review period may be necessary and if so
you will be advised of the extension and the new deadline.
NCGS 113A-119 (b) requires that Notice of an application be
posted at the location of the proposed development. Enclosed
you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You
should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some
examples would be: nailing the notice card to a telephone pole
or tree along the road right-of-way fronting your property, or at
a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could
result in an incomplete application.
An onsite inspection will be made and if additional information
is required, you will be contacted by the appropriate state or
federal agency. If you have any questions, contact me.
Cordially yours,
Nelson Paul
Field Consultant
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone. [phone]
An Equal Opportunity Affirmative Action Employer
1
I i
a
A VLICATXM
FOR
PERMI'T TO EXCAVATE AND/OR FILL (MATER WALM CERTIFICATION
EASEMENT IN LANDS COVERED 8y WATER CAAIA PERMIT FOR MAJOR DEVELOMrIIENT
0@0WORON of A4mistillWaden Stste N Monk cars"" DOOMOiieist Of dft Amity
(41 114&121 Depar"N it of tlanwd Oeewireat W CawrntuMty oevelopmou car" of Conk" "% witmitistwt ottafts
(GS 11122!, 143i213.3(al(11. 143.213.3(61. 113A•11a (33 Ult 209•320.32!1
last First Middle
8. Address
Street, P O. Box me Rnute
Plot type or print and fill in all blanks It informatWo Is not applicable, w indicate by piaci q N/A in blank.
04
19 /2-fil 1-t- A),t
1. Appkant Information GG yE i3?b - e'?1? isl2c/
f rf - foci ?G,
A. Nance A f?i C l O 'K.
Citv it Town State
IL
Leeation o(Ppposed Protect:
A. County 1`_A 4 I i C r
L 1. City. warn. community or landmark
2. Is proposed work within city hmihl Yes No Y_
C Creek. river. sound or bay upon which protect is located or neuest named body
. __ n
to project
111. Dowiption of Project
A. 1. Maintenance of existint protect 2. New work
B. Pumote of excavation or fill
1. Access channel lentth -width . depth
2. Boat basin lentth width .
f depth
3. Fill area lent[ 5
width - depth
4. Other lentth - width- depth
C. 1. Bulkhead lentth Average distance waterward o/ MHW (inC reiinel
. 2. Type of bulkhead construction (material)
0. Excavated material dotal for protect) !
1. Cubic yard: S©L 2. Type of material t. I. ?.
E. Fill material to be ol.ced below MHW (see also VI Al
1
1. Cubic yards 7 6 i /' 2. Type of material _ 1. 1
IV. Land Type, Disposal Area, and Construction Equipment
A. Does the area to be excavated Include any marshland, swamps or Other wetland)" Yes No
S. Does the disont.tl area include anv marsnland, swamps n( other wetland' Yes _I---- No
C Disposal Area `-) 1. Location -
2. Do you claim title to disoosal areal
0. Fill material vruri,t if till n to be trussed in
E. How will ttuva(cd material be entrapped and rrosinn 4.0nirnlledr k"er IA- 1-2-r
F. Type of equipment t.1 he used L) 0 -z- /iz 4
Ca. Will marshland he crnssed in transporting equipment to protect situ 11 yes, explain
A SI 5"S VV
Zip Code Phone
CMP?1
Rev, 14(78
46:
V. heir! Unit d Preiiitct Apr (DGK7201 1. rtihta. lull i?, f^ f , ; , ?' 1, ;?,.1? tiff .` F` `; ti?a (r ??
Z Cages
4. Oehr
•..1. Lot tilaa(si ?? %?? IQC FZks =p
2 Etavadon of lothi abom m"an hitch wimw
1 Soil type WW tnwm - A k .l
4. Typo of buildinE fyciltttes at stomas ,LJtiyF_ ?L? /?/? ?+?fl?S
S. Swag dimosal and/or waste waive treaunent A. ?E sun Manor
L Oesctibe
6, Land Clasuficauon (circle onel OEVELOPFO TRANiI rviN &:. COstMUNITy RURAL
CONSERVATION ATHlR (See CAMA Loci Laid Use Plan Synoosh)
VL Pwuini" to Fill and Water Quality
A. Oea the practised orniec::rvoive tite placement of fill Tatarm% hetaw eitt .'itjh water? yes ? No
L 1. Will any runoff or dtscharge enter adwent Water u a result of orogect activity or planned use of the
area (aNowns ptaect collie ti?a yet_? me -'
2 Typo of discharge r-t
7. Lotatlon of disc.+arle
VII. rraeoiM raw of shoreline eraiia fit knewal:
VUL List pow tMrnben and issue dues of previoias Oeoartmewt of Army Cares of £
wit in 0 i.c: area, If aoolicable:
UL LAVO of ti we mQuired to cawdea 004" t: - I AG L4 C, _ - - " - -
X to S*Odaw to the cm 014ted a Wkmiew hr'", tM (OYwis" ieeets P%m be of-ev :
A. Attach a coot of the dead (with State aoplieation onlyI of other inttument undsr vrhwh aoolteant
dalwts title to the affected otooerty. OR if aoolicant is not Claiming to be the oit?nr of tad property,
then fm-wd a coot of the deed or other instftltnewt under wbich the owner clai n• title plus written
prmisaion frog" the owner to carry out the araiect on his land.
L Attach an accurate wank plat drawn to scale on 1PA X 1 1" white passer (see instruction booklet for
details). Note: Original drawints preferred. only h.qh Quality copti:s acccoted.
C. A cony of the aoolication and plat must be served upon adiacant riparian Iandowners.br te>Etstered w
certified mad or by outficatren (G.S. 113.224 (d))Enter date serves T7-3-, a rte0. List names and cnmolete addresses of the riparian landowners with oroomfr adioinint applicant's.
Such owom have 30 davs in worth to sudmit comments tit weenies liued below.
XL Csertificuien reauireg••r+it: 1 certify that to the best of ny knowledge, the Mowed activity compues
with the State of North Grchnass aeproved coastal g"anaeime""t proe?am and will be conducted -n a
MWOner consistent with such program.
Xit Any pernitt awed pursuant to this aoolieati "Trill 3110- only the deveicoment described in this appli
Cation and plat. Atiolicants should therefore describe in the aoolication and plat all anticipated devei~-
oOrwent activities. including construction, excavation. filling, 3r_iQ land clearing.
Aoolicant's tnaturr
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JUL 15 1987
4WMD-MEB/L.P
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I
REGION IV
345 COURTLAND STREET
ATLANTA, GEORGIA 30365
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Ernest Jahnke
SUBJECT: Bay Sound Experimental Center
(Public. Notice No. 87-N-069-0342)
F TIC I 't 7/.-

Div. of Erwir(jnri!niimi Mgt
Raleigh, N, C"
Dear Colonel Woodbury:
This is in response to the subject public notice describing a proposal to
place fill material in wetlands adjacent to Bear Creek near Vandemere,
Pamlico County, North Carolina.
Based on information provided by the applicant, it appears that the proposed
activity would result in filling approximately 2.2 acres of coastal wetlands.
The purpose of the project is to construct an experimental shrimp culture
facility. Phase I of the project involves the construction of a 75-foot by
60-foot above ground shrimp culture tank. The tank will be placed on 0.1
acre of fill material. Phase II of the proposed project would involve the
construction of earthen-diked shrimp rearing impoundments within the remaining
area. Floristic species inhabiting the project site include: loblolly pine
(Pins taeda), bayberry ( rica cerifera), red maple (Acer rubrum), cane
(Arundinaria gigantea), Baccharis halimifolia and bushy bluestem (Andropogon
glcmeratos).
Coastal wetlands perform valuable functions within the aquatic system including:
fish and wildlife habitat values, water quality services, detrital export,
and stormwater retention capabilities.
Based on a June 15, 1987, on-site inspection by a member of my staff, we have
determined that Phase I of the project will have minor envirornnental impacts.
However, we do have concerns pertaining to the second phase of the project
which requires significant filling of wetlands to construct diked shrimp-
rearing impoundments.
Consequently, we recommend that the proposed activity be denied unless the
following modifications are made to the subject project.
1. Fill shall be restricted to the immediate area surrounding the experimental
tank and septic tank drainfield.

-2-
2. Additional filling (Phase II) for future diked impoundment construction
in wetlands shall be eliminated from the project.
Sincerely yours,
6 ?/
-IW ,, 'f , ?
E.T. Hei , Chief V-T'
Marine a d Estuari Branch
Water Management Division
cc: See enclosed

cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Ser4ice
Raliegh, NC
R. Paul Wilms, Director
NC Division of Ernvironmental 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

ACTION > ADD F:I:L..I.. : ) DF CAMA401 F•SWD > FORMAT
ACTION ::: (DD ENTER DATA, REC.. ADDE D IN 00 22
PRO JO : 00 226 F'I t':J.. J BAY SOUND CENTER COUNTY:
ASS IGNED TO : WJM iayg%w- JOINT NOTICE:
TYPE CERT IFICATION RECOMME NDATION
404 PN: Y 401 RED: Y ISSUE:
C;AMA ONLY : GC: DENY:
DF /C;AMA : GC.:: HOLD: Y
RECEIVING STREAM: BEAR CREEK (:;LASS : SA
FRD DATA
PAMLICO REGION: 0-7
a`d
DATES' YYMMDD
RI..:Ci::::I:VE::D: 8700
INITIAL REPORT: 870529
FINAL. REPORT:
BASIN: NEU
COMMENTS:
SITE LOCATED OFF SR 1 224 ADJACENT TO BEAR CREEK NEAR MESIC
F1Fi(:JPOSAL TO DEVELOP A COMMERCIAL SHRIMP AQUACUL TURE FACILITY
PROJECT WILL INVOLVE FILL IN 404 WETLANDS AREA 475 k 200 FT.
ADDITIONAL C OMMENTS PENDING
COPIES: WARD -CENTRAL -MILLS
Lo'
V 1;
JUN 0 '1 ll?'W

Y.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-069-0342
May 14, 1987
PUBLIC NOTICE
BAY SOUND EXPERIMENTAL CENTER, Route 1, Box-437, Bayboro, North Carolina
28515 has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN WETLANDS ADJACENT TO BEAR CREEK NEAR VANDEMERE, Pamlico County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show placement of fill in an area 475 feet long by 200 feet wide
to an average depth of 2 feet. The first stage of the project will involve
construction of a 75-foot-long by 60-foot-wide fill platform for placement of
an above-ground experimental shrimp tank and appurtenances. The second phase
of the project will entail filling the remaining area to construct earthen
diked shrimp rearing impoundments. Vegetation present to varying degress at
the site includes loblolly pine (Pinus taeda), pond pine (Pinus serotina),
black needlerush (Juncus roemerianus), saltmeadow cordgrass (Spartina patens),
red maple (Acer rubrum), broomsedge (Andropogon spp.), and Iva frutescens.
The area is underlain with Fork loamy fine sand saturated soil. The purpose
of the work is to establish a commercial shrimp aquaculture facility. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,

-l-
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control'Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
.< V 7
-3-
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
June 22, 1987
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 15, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
June 13, 1987, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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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 12, 1987 F-
M. AY 15 f?87
SUBJECT: File No. SAWC087-N-069-0342 {}"r I '(- i0114
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
Dear Mr. Mills:
Enclosed is the application of Bay Sound Experimental Center,
for a Department of the Army permit and a State Water Quality
Certification to place fill materials in wetlands adjacent to Bear
Creek, for construction of a commercial shrimp aquaculture
facility, near Vandemere, Pamlico 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 July 11, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
Cha a W. Ho is
hie Regulatory Branch
Enclosure
C +
-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. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

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APPLICATION
FOR 3 a 198?
.r
PERMIT TO EXCAVATE ANO/OR FILL. (MATER QUALITY CERTIFICATION
EASEMENT IN LANOS COVERED 3Y WATER LAMA PERMIT FOR MAKOR DEVELOPMENT
i
peprewntst M OW Anwy r
Depwaame of A40101Wetttltee $tan N items CAM""
O
(a3 14 ,131 DNereitiettt e/ HAOMM Renwsee ae4 CetttetuMW AeveleMwent Cam of a Of Ire, WYittYtjgtett LtAd
(45 113-329.143-315-311411). 143.215.344. 113A•119 "'`(33'Cfft=Mi320-3291"?- ""
pkM type or print and fill in all blanks. If inlormatim Is &9010 k" a indicate by pil A 1n 10
1. Applk:ant Infortrtaeion e14
A. Name 41 ' alotZ14 'e" {-
- j? last First Middle
8. Address ?T '7 -
_ ?? 5 refit, P O. Bo: or Route ,2
... City ,)r Town State 2tp Code Phone
IL Lennon of Proooed Pryiect.
A. County H4n1 /, r A"?
B. 1. City, town, community of landmark N • `
2. Is proposed work within city limits? Yes No
C_ Creek, river. round or bay upon which protect is located or nearest named body of water to project
111. Oeitaiption of Project
A. 1. Maintenance of existent protect 2. New work
8. Purpose of excavation or till
1. Access channel Ientth width depth
(lf 2. Boat basin Ientth wi th 40 depth
3. Fill area + Ientth ?5 r width co"depth
4. Other Ientth width depth
C. w
aterward of MHW (sncreiinel
1. Bulkhead length Average distance
. 2. Type of bulkhead construction (material) `
,
r?U/U FL
0. Excawted material (t cal for protect) t
1. Cubic yards - 194) 2. Type of material
E. Fill matenal to be ol.ced below MHW (se also VI A)
1. Cubic yards :.?2. Type of material i
IV. Land Type, Disposal Area, and Construction Equipment
A. Does the area to be excavated include any marshland, swamps or other wetland) Yes 40- No (f
B. Does the disonwl area include any marsnland, swamps n( other wetland) Yes t- No
C. Disposal Area ??
1. Location
t
2. Do you claim title to disciosal area! Rog 4 It
D. Fill material sa,u)ce if lill is to be trucked in 2 i ?f21 me
E. How will cm ivatrd material be entrapped and erosion i.ontri led) ?A:% IA
F. Type of equipment to he used V6Z6-t?,
G. Will marshland he crnssed in transportint equipment to project site) II yes, explain
Di F-i 1
RAW- truce

V. 1tt111trtid UPW of ?reinrt Apr (Cnofte1
x?+ r?rsucv ? ?,??ciw? >
A. L PrM"
2. CamillomW
3. Houskle oa-+O l.t. t QV e
or iwdueeihs -- --
4. albs
L 1. La *9(11
2 Ebeatlon of lot(s) altars twttect him wats-???._,?.?,?
9. Sall t"W and tzatttre
d. Type of building facalttmts or urucautts
S. Satrap diw*W andror waste water treattmer±t isnrt-? Harmed
F A l L'Ea£Cih 1 r 1? ES
i. Describe r Z
L Land Clasuftc.ation (circle site) 0EVELOPf 0 TRAM' . t rifiN-m. COMMUNITY AURA
CONSERVATION ATHkR . (See LAMA, Local Usa Plan Synopsis)
VL hnalnkM to Fill and Water Quality
A. Dan the orooosed orelect twelve the olacement of fill rtattriaM hefaw -esir !+1-111 weer? Y.s V No.?
L 1. Wilt any runoff or distharte enter adsaeent watan as a r It of oraect activity or placated uw of d"
area following pro
2. Tyne of discharge
3. Location of disC.•a
VU. fill mK rate of shoreline erosion lif known):
VUL Uet Permit numbers and issue dates of previou Deoartnrent of Army Corps of Enpnaen or S&M permits for
. wwk in proiect witia, if applicable r A
13L Lamm of blow squired to cowtolite prefect: l /
X Iw addlthw to the co a!lic d anolicatlon form, the fallawiciq loom wtoee be Perm
A. Al<taeis a cony of the dead (with Stan aoolieadon oMy) of other inwuatent under which aooltcant
tdakels title to the affected oroowty. OR if aoolicant is not daintiest to be the owner of sand prooortV.
Own forward a coot' of the deed or other Insaume tt under which the owner claim% title plus written
permission from the owner to airy out the orcieet on his land.
L Attach an accurate wwk plat drawn to scale on &A X 1 I" white pacer (son instruction hooklet for
dmiis). Note: Original drawings preferred • only hdlh Quality copiei.cceoted.
C A coot' of the aoolication and aiat must be served uoon adiacent ricarian landowners legislated or
carttfied mad or by puelication (G.S. 113.229 (d)JEnter date serves .°s 0 kit-p-''s
0. List names and comolete addresses of the rioartan landowners with oroeerty adioicwn[ applicant's.
Such owners have 30 darn in which to submit cor""writs to aetncses listed below.
XL Gasification requirernertt: 1 certify that to t.9e best of my krsowledyt, the proposed activity compiles
with the State of North Carolinais aeloroved caastal enanaeement oropam and will be conducted in a
manner consistent with such program.
XIL Any pe- it isuted purswnt to this acchcatinn will allow only the develooment described in this apph
Cation and olat. Aoolicants should therefore describe in the aoolieation and plat all anticipated devel-
ownent activities, including construction, excavation, rillint. and land clearing.
DATE
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