19870176 Ver 1_COMPLETE FILE_19871013

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 5, 1987
SUBJECT: File No. SAWC087-N-048-0439
Mr. Gary B. Mayo
Route 1, Box 136-A
Swanquarter, North Carolina 27885
RECCIVEO
OCT131987
Wq?tn .; ?,...
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Dear Mr. Mayo:
Reference your application for a Department of the Army permit
to rebuild a dock, construct and backfill a bulkhead, construct
piers, maintain and deepen canals and place excavated material in
a wetland area on Rose Bay Canal, near Rose Bay, Hyde 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. Please note that excavation of your proposed 400-
foot-long canal is not authorized. 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. Ken Jolly,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
4,,.
-2-
Copies Furnished (with 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. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
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
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
ED
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Permit Class Permit Number
New STATE OF NORTH CAROLINA 198-87
Department of Natural end n4 Community Development
41 C?'
.R r Coal ?Sb rc?s Mion
Major,Developpmeent in onmental
FX1
Concewssuant-ta
12. 597' ? ?JA
Excavation tidJor. gph~rsuarf to NCGS 113-229
FRI
issued to Gary B. Mayo, Route 1, Box 136-A, Swanquarter, NC 27885
authorizing development in Hyde County at Rose Bay Canal at U. S. Hwy. 264
crossing as requested in the permittee's application dated 7/22/87 including
attached plats, 2, plan view and cross section dated received 7/30/87.
This permit, issued on V42 , 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) In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approvalof the Division of Coastal Management.
(2) Excavation of the 440 foot canal is hereby deleted.
(3) Excavation will not exceed 5 feet below the normal water level.
(4) No excavated or fill material will be placed at any time in any marsh or
surrounding waters outside of the alignment of the fill area indicated on
the work plats.
(5) All excavated materials, except as provided in Condition No. 4 above, 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) In order to prevent spoil material or other sediments from entering Rose
See attached sheet for Additional
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31. 1990
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.
<- i7a, w J i
David W. Owens, Director.
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
A
Gary B. Mayo
ADDITIONAL CONDITIONS
Bay Canal and associated waters:
Permit #198-87
Page 2 of 2
a) the exterior dike slopes must be at an angle no steeper than 2H:1V;
b) erosion control measures or devices must be used to prevent sediment
from the dike going onto adjacent land; and
c) a ground cover sufficient to restrain erosion must be provided within
30 working days of completion of the dike.
(7) The bulkhead will be aligned an average of 2 feet and a maximum of 5 feet
waterward of the normal water elevation contour at the time of construction.
(8) The material used to backfill the bulkhead will be obtained from an upland
source and confined landward of the permitted bulkhead.
(9) The backfill material will be clean and free of any pollutants, except in
trace quantities. Metal products, organic mateials, or unsightly. debris
will not be used.
(1:0) The activities will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge.
NOTE: Future- development on the permittee's property may require a modification
of this permit. Contact a representative of this Division at [phone]
prior to commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has issued an NPDES permit for
the discharge from the oyster shucking operation.

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
September 10, 1987
M E M O R A N D U M
TO: John Parker
FROM: Bill Mills
SUBJECT: Application for CAMA Permit
Rose Bay Oyster Company
Hyde County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. Rose Bay Canal is classified SC waters and is
designated a Primary Nursery Area by the Division
of Marine Fisheries. The canal is approximately
six feet deep and is tributary to Rose Bay which
is classified SA waters. The existing canals are
approximately two to three feet deep. According
to the plats the proposed depth of excavation
would be five feet. Discussion with the applicant
established that three to four feet would be
adequate. The applicant also advised that he had
no real desire to maintain the 440-foot canal at
this time.
b. Specific concerns about the application revolve
around the discharge from the fish house and the
excessive length and depth of the 440-foot canal.
An NPDES permit has been issued for the discharge
from the oyster shucking operation. Dissolved
oxygen violations could potentially occur in this
area due to a lack of mixing.
It is recommended that the permit be conditioned to
limit the maintenance excavation in the canals to a maximum
depth of four feet MLW, and further that the maintenance of
the 440-foot canal be deleted from the project.
BM/dkb
cc: Jim Mulligan
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 2, 1987
MEMORANDUM
TO:
FROM:
SUBJECT:
Bill Mills
Operations Branch
William J. Moore, Environmental
Water Quality Section
Washington Regional Office
DF/CAMA Review
Rose Bay Oyster Company
Hyde County
Technician
01A '?/?-
The proposed project site is located west of US 264 and SR 1304 near Rose Bay.
The applicant operates an Oyster Shucking House which is located adjacent to
Rose Bay Canal. Rose Bay Canal is classified SC waters and is designated a
Primary Nursery Area by the DMF. The canal is approximately six feet deep and
is tributary to Rose Bay Creek which is classified SA waters.
The applicant proposes to construct 70 l.f. of wood bulkhead, 470 l.f. of wooden
docks and perform maintenance excavation in three existing canals. The canals
are 200'x33'; 160'x25'; and 440'x15'. The existing depths are approximately 2-3
feet. According to the plats, the proposed depth of excavation would be 5 feet.
After talking with Mr. Gary Mayo (applicant), it was learned that depths of 3-4
feet would be adequate. Mr. Mayo also stated that he had no real desire to
maintain the 440 ft. canal at this time.
Our primary concerns regarding the proposed project revolve around the discharge
from the fish house and the excessive length and depth in the 440 ft. canal. An
NPDES permit has been issued for the oyster shucking operation.
It is recommended that the DF/CAMA permit be conditioned to limit the
maintenance excavation in the canals to a maximum depth of 4 feet MLW, and
further that the maintenance of the 440' canal be deleted from the project.
WJM/ekw

NKDATA DF/CAMA/401 REV DATE 09/040
ACTION ) ING FILE > DFC A A401 P WD > FORMAT > NRDFCr• MA iVf.-::X'T' RCD > 00;
RECORD HAS BEEN CHANGED, RECORD NO 00269 F RD DATA
F'RCJJO : 00269 PF:OJ : ROSE BAY OYSTER CO. COUNTY: HYDE:: REGION: 07
ASSIGNED TO: WJM Qw, JOINT NOTICE: N
TYPE C.:F:::R•TIFI LA'T:I:(:JN RECOMMENDATION DATES yymi
404 I'N : 401 REG : ISSUE: `! RECEIVED: 870..
CAMA ONLY: GC: BULKHEADS DENY: INITIAL REPORT: 070(
DF'%Cr1MA : Y GC : HOLD: FINAL REPORT: 8 0'
RECEIVING STREAM: ROSE BAY CANAL CLASS: SC BASIN: TAI:-,'
COMMENTS:
SITE LOCATED WEST OF US 64 AND SR 1304 NEAR ROSE DAY
PROPOSAL TO PREFORM MAINTENANCE EXCAVATION IN 3 CANALS
ALSO, 470 L.F OF WOODEN DOCKS AND 70 LF OF WOODEN BULKHEADS
PROJECT WILL F':h:;il.LT• IN FILLING OF 1100 SQ.FT. OF MARSH
SEE ATTACHED MEMO
COPIES: t,}r:71::t1....CF::NTRAL.•-MILL..S-(:OS;>E TT.
RE CEIVF n
sFp 0 8 187
OPERATIONS BRANCH
NKDATA DF/CAMA/401 REV DATE 08/ 03/87
ACTION ADD FILE ? X i (.; AM1.<1 i : • ) 1 #" I 1 1 T ) ) FORMAT i v R ° f : ; r r i r - r , t .. RC D ; i 0,,)...i7R
ACTION ADD, :..
ENTER DATA, I??:;:::(:; :. r'?ra}:iii:::%? ;. ,; ,S t?,:.?.;'6;:? f'Rli DATA
PRO= ,. PROJ: .'i.:E.`.:I:'. BA'i. OYSTER CO. COUNTY: HYDE ; i ii.i - r;
A?:S1.GNI:'..?? TO: W,.ii'1 `"?t?- ..iO.i.Nl NOTICE: N
TYPE CERTIFICATION RECOMMENDATION PATES t ; MMDr
404 PN: 40 1 #,#::# # NS#)E: J#. C# :#:V1. P ;::i7 {:; .'.;.:
C:r1MA ONLY: GC. BULKHEADS. PENN: INITIAL REPORT: 8708OZ
D /C:P'ra'- A : Y GC: i-#tai...C> : Y FINAL REPORT:
RECEIVING STREAM: ROSE BAY CANAL.. CLASS: C' BASIN:
C{ai"fME::NT;
SITE LOCATED WEST OF US 264 AND SR 1304 NEAR ROSE SAY
PROPOSAL TO PREFORM MAINTENANCE EXCAVATION IN 3 CANALS

ALSO, 470 '#..#` OF t (:.O° Fig. DOCKS AND 70 i.. f isFI.,,IO{:iT: r.:.N C{U#._KHi:::AD :'
PROJECT WILL RESULT IN FILLING OF 1100 107T. OF MARSH
,APPLICANT HAS .(1# i i..[E D FOR NPD '.':' _PI #:M:#: I' FOR OY,'Tl:::E SHUCKING OPERATION
ADDJ'.#':#:t:tNAi_ T::t:TSENT PENDING SITE ir.i.SIT
COPIES: l'JARO t..E ! 1 ftA#...._!°1:Ei.. L. ..:.Gtt . S4..:.T..T.
FIELD INVESTIGATION REPORT
1• Applicant's name Gary Mayo
2. Location of project site Hyde County, Rose Bay Oyster Co. - Rose Bay
-photo number 12-19-84 89-1063 H-13, I-13, I-12
3. Investigation type: Dredge b Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 4-8-87
(B) Was applicant present Yes
5. Processing procedure: Application received 7-20-87 Office Washington
6. Site description: (A) Local Land Use Plan Hyde County
Land classification from LUP 'Cnns'1=* tinn
Development constraints identified in LUP Nnnp
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands x Public trust waters
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private Commercial X
(E) Type of waste water treatment: Existing Septic tank
Planned pester shucking discharge to R se y Canal
(E) Type of structures: Existing. Seafood processing hnuse
Planned Renovation of Pxistina far•iiity
(G) Estimated annual rate of erosion N/A Source m./A
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
Juncus roemerianus
is is is spicata + 1,100 SQ.FT.
(B) Non-vegetated wetlands:
(C) Other:
Open water ( r; imam + 13,200 SQ.FT.
nurser: a rPa 1
(D) Total area disturbed: + 13,200 SQ.FT. + 1,100 SQ.FT.
8. Project summary The applicant is proposing to perform maintenance excavation within
manmade canals, construct piers, and a bulkhead; all of which is associated with he
reopening of Rose Bay Oyster Company.
Environmental settin
The applicant has recently purchased the Rose Bay Oyster Company site on Rose
Bay Canal adjacent to U.S. 264 in Hyde County. The property has located on it the
old oyster shucking house which Mr. Mayo has remodeled, existing bulkhead and
piers along Rose Bay Canal, and three canals which were excavated many years ago.
The property adjacent to the building and U.S. 264 is highground (elevation 2.0'
to 3.0') and is utilized for parking. The area to the east of the 200' long and
160' long canals has an elevation of + 1.5' and has been used historically for
the storage of oyster shells. All the shells have been removed for many years
except for a thin layer. This area due to its elevation is vegetated with Juncus
roemerianus and Distichlis spicata marsh. Old spoil areas are located between
the three canals and just north of the 440' long canal. The entire area south
of the 440' long canal is Juncus marsh.
Project proposal
The applicant is proposing the following:
(1) The construction of 70' of bulkhead west of the existing building on Rose Bay
Canal. The bulkhead will average 2' beyond the normal water level and will be
+ 5' at the furthest point.
(2) Perform maintenance excavation within the three existing canals. Canal #1
will be excavated to a length of 200' and a width of 33' and to a depth of
-5' at NWL. Canal #2 will be excavated to a length of 160' and a width of 25'
and to a depth of -5' at NWL. Canal #3 will be excavated to a length of 440'
and a width of 15' and to a depth of -5' at NWL. All three canals will be,
used for vessel moorings and the spoils will be used to raise adjacent elevations.
(3) The construction of + 110' of dock in Rose Bay Canal and + 360' of dock
within two of the existing canals. All of the docks will be used for mooring
commercial fishing vessels.
Environmental impact
If the project is conducted as proposed (1) + 1,100 sq.ft. of marsh will be
filled within the area that was historically used for oyster shell storage;
(2) + 13,200 sq.ft. of open water area within manmade canals off of Rose Bay
Canal will be excavated. These canals as well as Rose Bay Canal are classified
as primary nursery areas by the Division of Marine Fisheries. (3) The applicant
has applied for an NPDES Permit from the Division of Environmental Management to
discharge wastewater from an oyster shucking operation to Rose-Bay Canal.
David L. Gossett - Washington Office - 29 July 1987
EAST CAROLINA UNIVERSITY
REGIONAL DEVELOPMENT INSTITUTE
Willis Building - Corner First and Reade Streets
Greenville, North Carolina 27858-4353
Phone [phone]
June 16, 1987
District Engineer
U.S. Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Sir:
Enclosed please find an application to dredge and/or fill submitted in
behalf of Gary Mayo, owner of Rose Bay Oyster Company. There are two parts
associated with this project. The first is located at the intersection of
Highway 264 and Rose Bay Canal, approximately 1.5 miles west of Rose Bay,
N.C. Part two is located on land owned by Jimmy Spencer, at the
intersection of U.S. 264 and Far Creek in Englehard, N.C.
Concerning Part One, Mr. Mayo would like to continue an existing dock
along his seafood business building following the alignment of the old
pilings still left in the water. A salt treated wood bulkhead is proposed
at the wateiward toe of the pier. This will be backfilled with broken
concrete fran the interior of the building (as per existing bulkhead and
backfill). Connecting at the southern end of the existing dock, a 5' wide
pier is proposed to run the length of the existing canal (2401±). In
addition, a 160' x 3' pier is proposed along the northern side of the
adjacent shorter canal. These docks will enable commercial vessels to moor
and tie up when at port. Mr. Mayo would like to excavate these two canals
as well as the "perimeter" canal to a depth of -51, thus accomiodating the
draw of commercial boats.
There is an existing low area on the site (see drawing) that Mr. Mayo
would like to fill with material fran the canal excavations. He contends
that over the years before he purchased the property, this area was used to
store oyster shells. When the shells were removed for replanting in
coastal waters, the bulldozer would scoop out the shells and a little
earth. With enough repetitions, the area was slowly lowered to the point
that some marsh patches grew up. The last former owner of the property was
Mr. W. Lee Miles. Eight years have elapsed since Mr. Miles used this area
to store and retrieve shells; thus, the lack of activity has allowed the
marsh to prosper in places. Mr. Mayo states that fifteen years ago, the
i
1..... 11 rl :N Ulrlvl?!'.Ily Iti ill (rl r\ilf llr•I II Ill?lrl 1111411 r Of 11x.. 11rl,vl•1-IN 1.1 t'I„I11. 1,,111x1 •r I,I
alr l IJ.I. r! Opt r,.r ll.lr,ll it/I. III.. 1" '. Al'f.r.ri / / r 1
N.C. Division of Marine Fisheries needed a place to stockpile oyster shells
and asked if they could do so on this land. Mr. Miles let the state do so.
Therefore, with a history of similar uses, Mr. Mayo wishes to continue the
practice. The anticipated buildup of this low area (1,100 square ft.±) is
1.5' fran the canal excavations. Any additional spil will be spread
towards the proposed parking area (see drawing). The increased elevation
of this existing low area will provide Mr. Mayo with enough latitude to
scoop out the shells and a little dirt without worry of the area beccuing
low again for many years.
Fart TWO of this application involves Mr. Mayo's desire to construct a
mooring dock in Far Creek from land owned by Mr. Jimmy Spencer (see
attached letter of consent). The 10' x 80' dock will connect to an
existing "L" shaped dock on the western side, and to an existing loading
dock on the east side. There are 3 catwalks proposed that will connect to
the shore. No filling is associated with part two of the application. The
pier structure will be constructed as per the dock construction in part
one.
If there are questions concerning Mr. Mayo's application, please do
not hesitate to call me at 757-6650. Thank you for your favorable
consideration to his proposal.
Sincerely,
t
B ell
Developmen Specialist
BP/wer
Enclosures
APPLICAI ION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229,143-215.3(a)(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/A in blank.
I. Applicant Information
A. Name y ? EA150^1
Last rst Middle
B. Address C/
- f / Oak /3(0 /}
Street, P. O. Box or Route
SwA?cl9uA,P?E.P 14.6. 17885' 9.? - 9i 67
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Nylbh?'
B. 1. City, town, community or landmark 905E /34y CWAL E UPS, 24*
2. Is proposed work within city limits? Yes No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project RQSE RAy
111. Description of Project
A. 1. Maintenance of existing project 4 «A? ? 2. New work
40
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin A14 length ' width if' depth d'
3. Fill area length 100 width x•20• depth ?•S
4. Other- AHAL length 'ftO' width /S" depth -5'
C. I. Bulkhead length 7070 ± Average distance waterward of MHW (shoreline) 7- f
2. Type of bulkhead construction (material) hAlr 2TL-b LA-_W
U. Excavated material (total for project)
1. Cubic yards 4714 2. Type of material -1 lUIX
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 10-Sr 2. Type of material BJ'ZOKfJt C.QNG1-67-6
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No V_
B. Does the disposal area include any marshland, swamps or other wetland? Yes ? No
C. Disposal Area
1. Location W L0011, b Z154ATAbIA11ILv UAL) Fog !WR& 6_ OY61-ER ?itlE !?
2. Do you claim title to disposal area?_ Vf$
U. Fill material source if fill is to be trucked in _ t41A
L. Hew will excavated material be entrapped and erosion controlled? FA2lME?_ D/K$
I I ype of equipment to be used_D2,6bu JF_ ? 6i./a nAg
G. Will marshland be missed in tfamporting equipment to project site? If yes, explain
Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial QO(2r- al y' 0'y6ii2 C0/1)~y
3. Housing Development or Industrial
4. Other
B. I . Lot size(s) - 4 14CR-6 t
2. Elevation of lot (s) above mean high water_ / • S - 4.0
3. Soil type and texture 6L1WDY 4.4m e GugY
4. Type of building facilities or structures ?Fi4Frnn pROGF55/n/ ldougg
5. Sewage disposal and/or wastewater treatment A. Existing ?aEPT G 7;40&, planned I-JAM-:
8. Describe
b. 'Land Classification'(circle one DEVELOPS ? TRANSITIONAL COMMUNITY RURAL
CONSERVATI 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 >/ 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
2. Type of discharge P-AdAIIAIAV?
3. Location of discharge
VII. Present rate of shoreline erosion (if known): -11dLtew6 04 fb . mpsT' - &"L , not gay
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: /J IA-
IX. Length of time required to complete project: 6 43%Tki-
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'/i 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 - - Z-7--17
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
-AV dd&O rC,0_ All-
Z7?3 ?? sP.f
XI. Certification requirement: I certify that to the best of my knowledge, the prop d activity complies
with the State of North Carolina's approved coastal management program and II be conducted in a
manner consistent with such program.
XI1. 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 and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
TE -?-??
F•82
V. 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
September 3, 1987
SUBJECT: File No. SAWC087-N-048-0439
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:
RECEIVED
S?8081987
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference the application of Mr. Gary B. Mayo for a Department
of the Army permit to rebuild a dock, construct and backfill a
bulkhead, construct piers, maintain and deepen canals and place
excavated material in a wetland area on Rose Bay Canal, near Rose
Bay, Hyde County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
We recommend that the following conditions be included in the
State authorization:
a. With the exception of the material placed
landward of the authorized bulkhead, no excavated
will be placed in any waters or wetlands. No exc
material will be placed within the existing shell
which supports wetland vegetation. (See enclosed
Wildlife letter, dated August 26, 1987.)
as backfill
or fill material
3vated or fill
storage area
U.S. Fish and
b. All excavated materials will be confined landward of the
normal water elevation contour and any irregularly flooded
vegetated wetlands.
c. The temporary placement or double handling of excavated or
fill materials within waters or vegetated wetlands is not authorized.
t'
-2-
d. Vegetated wetlands will not be excavated or filled.
e. Excavation will not exceed 5 feet below the elevation of
normal water.
f. The bulkhead will not be positioned farther than 5 feet
waterward of the normal water elevation contour at any point along
its alignment. The alignment will not average more than 2 feet
waterward of the normal water elevation contour.
g. The material used to backfill the bulkhead will be
obtained from an upland source and confined landward of the
permitted bulkhead.
h. The backfill material will be clean and free of any
pollutants except in trace quantities. Metal products, organic
materials, or unsightly debris will not be used.
i. 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.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
r.
-3-
Copies Furnished (without enclosure):
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 1, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-048-0439.
Mr. Gary B. Mayo
Route 1, Box 136-A
Swanquarter, North Carolina 27885
Dear Mr. Mayo:
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, submitted on your behalf by
Mr. Bill Powell of the East Carolina University Regional
Development Institute, received June 24, 1987, for a Department of
the Army permit to rebuild a dock, construct and backfill a
bulkhead, construct piers, maintain and deepen canals and place
excavated material in a wetland area on Rose Bay Canal, near Rose
Bay, Hyde 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
-2-

assigned No. SAWC087-N-048-0439 and
Jolly. He is available to address
have at telephone [phone].
Enclosure
will be coordinated by Mr. Ken
questions or comments you may
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
Mr. Bill Powell
East Carolina University
Regional Development Institute
Willis Building - Corner First and
Reade Streets
Greenville, North Carolina 27858-4353
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 1, 1987
SUBJECT: File No. SAWCO87-N-048-0439
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:
RECEIVE
D
,JUL 06 1987
WATER QUALITY SECTION
0PERpT'ONS BRANCH
Enclosed is the application of Mr. Gary B. Mayo, prepared by
Mr. Bill Powell of the East Carolina University Regional
Development Institute, for a Department of the Army permit and a
State Water Quality Certification to rebuild a dock, construct and
backfill a bulkhead, construct piers, maintain and deepen canals
and place excavated material in a wetland area on Rose Bay Canal,
near Rose Bay, Hyde 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 September 2, 1987, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
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. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
R.".n 911,96 s or .j T
101 Koo xW"V nn!
OT Mon, 11
414y
-56 LO C40'97- /y-o q a- o4/,5c)
EAST CAROLINA UNIVERSITY
REGIONAL DEVELOPMENT INSTITUTE
Willis Birk ing - Corner !-first and Reade Streets
Greenville, North Carolina 27858-4353
Phol/o J 19-- 157- 6650
June 16, 1987
District Engineer
U.S. Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Sir:
?_' 1 l
Enclosed please find an application to dredge and/or fill submitted in
behalf of Gary Mayo, owner of Rose Bay Oyster Canpany. There are two parts
associated with this project. The first is located at the intersection of
Highway 264 and Rose Bay Canal, approximately 1.5 miles west of Rose Bay,
N.C. Part two is located on land awned by Jimmy Spencer, at the
intersection of U.S. 264 and Far Creek in Englehard, N.C.
Concerning Part One, Mr. Mayo would like to continue an existing dock
along his seafood business building following the alignment of the old
pilings still left in the water. A salt treated wood bulkhead is proposed
at the waterward toe of the pier. This will be backfilled with broken
concrete from the interior of the building (as per existing bulkhead and
backfill). Connecting at the southern end of the existing dock, a 5' wide
pier is proposed to run the length of the existing canal (24010. In
addition, a 160' x 3' pier is proposed along the northern side of the
adjacent shorter canal. These docks will enable commercial vessels to moor
and tie up when at port. Mr. Mayo would like to excavate these two canals
as well as the "perimeter" canal to a depth of -51, thus accarnmodating the
draw of commercial boats.
There is an existing low area on the site (see drawing) that Mr. Mayo
would like to fill with material frcm the canal excavations. He contends
that over the years before he purchased the property, this area was used to
store oyster shells. When the shells were removed for replanting in
coastal waters, the bulldozer would scoop out the shells and a little
earth. With enough repetitions, the area was slowly lowered to the point
that some marsh patches grew up. The last former owner of the property was
Mr. W. Lee Miles. Eight years have elapsed since Mr. Miles used this area
to store and retrieve shells; thus, the lack of activity has allowed the
marsh to prosper in places. Mr. Mayo states that fifteen-years ago, the
i
- - ----.._ ...a

N.C. Division of Marine Fisheries needed a place to stockpile oyster shells
and asked if they could do so on this land. Mr. Miles let the state do so.
Therefore, with a history of similar uses, Mr. Mayo wishes to continue the
practice. The anticipated buildup of this low area (1,100 square ft.±) is
1.5' fran the canal excavations. Any additional spil will be spread
towards the proposed parking area (see drawing). The increased elevation
of this existing low area will provide Mr. Mayo with enough latitude to
scoop out the shells and a little dirt without worry of the area becoming
law again for many years.
Part Two of this application involves Mr. Mayo's desire to construct a
mooring dock in Far Creek fran land awned by Mr. Jimmy Spencer (see
attached letter of consent). The 10' x 80' dock will connect to an
existing "L" shaped dock on the western side, and to an existing loading
dock on the east side. There are 3 catwalks proposed that will connect to
the shore. No filling is associated with part two of the application. The
pier structure will be constructed as per the dock construction in part
one.
If there are questions concerning Mr. Mayo's application, please do
not hesitate to call me at 757-6650. Thank you for your favorable
consideration to his proposal.
Sincerely,
Bi ell
Developmen Specialist
BP/w er
Enclosures
APPLICATION
FOR
,..
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIF?16TION'
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DE!.VELOP,
y
}{7'a?r ,.. x tea 1
Department of Administration State of North Carolina Departmen'at (?"? ( eRANCH
(GS 146-12) Department of Natural Resources and Community Development Corps of Eng' M, "Iilmington District
(GS 113-229, 143-215.3(a)(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/A in blank..
t. '
1. Applicant Information
A. Name
0
Last First Middle
B. Address ?Z! r' 10ok L36 -A
Street, P. O. Box or Route
60J4,-JA(441 ?%?R 111J. C , :zJQ'?5-
C1a(a s i
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County hlyhY
B. 1. City, town, community or landmark -_QOSr= 1,34Y C/f AI/ E U,6, U?4-
2. Is proposed work within city limits? Yes No ?
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Ill. Description of Project F11'eT! i14TL7- i PA'2% L
A. 1. Maintenance of existing project 1264vf7 CAA/AGh ' 2. New work /21- 1- 14'j'? 14APE,B codnDe"161OC1C/L
B. Purpose of excavation or fill
1. Access channel length width depth
c 191V94. Z00' B 3'
2. Boat basin ca.r?L length-Eeae' width sr- depth -7'
3. Fill area length width 1,10' depth 1,5'
4. Other caN?t length +f-^' width / 5" depth - 5'
C. I. Bulkhead length 70' ? Average distance waterward of MHW (shoreline) -Z-'
t
2. Type of bulkhead construction (material) _ 61A 'I-PCATti:b L? e'trD
D. Excavated material (total for project)
1. Cubic yards f 7-L 2. Type of material ?f'1Lf(M-
E. Fill material to be placed below MHW (see also VI. A)
CCNGt2i ?:
1. Cubic yards ?0 •S? 2. Type of material 01-20Ki;14
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dies 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
C. Disposal Area
1. Location 0- 4,06 x,46 7144-6171-fiL UY U6&) AN? 61CO Wh OYS%l=G. '?rt1?;Gh
2. Do you claim title to disposal area? k/E5
D. Fil! material source if fill is to be trucked in _ N1[1
E. How will excavated material be entrapped and erosion controlled? _ h?,4271?,Q',/ L)1KC%
F . I pe of equipment to be used j? ftidN? i3UL?DOZ?JZ
G. Will marshland be crossed in transporting equipment to project site? If yes, explain tJ0
„ V. Intended Use of Project Area (Describe)
VIII
IX.
A. 1. Private
2. Commercial-1z1) 04Y' OY6rt5e C.0,1011T/Y
3. Housing Development or Industrial
4. Other
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B. 1. Lot size(s)-4 11C,eE6
2. Elevation of lot(s) above mean high water- / • S 4,0'
3. Soil type and texture /e, t'n GGAY
4. Type of building facilities or structures 'jcl?12Y?J? 7?ROGE55/nl;? ,ypuhC
5. Sewage disposal and/or waste water treatment A. Existing -6 T G Zee Planned LInNf-?_'
B. Describe _61661,1
6. 'Land Classification'(circle one) DEVELOPE TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A.
B.
Does the proposed project involve the placement of fill materials below mean high water? Yes Z No
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 V11
2. Type of discharge TRNA1 JJ I %,P.
Location of discharge
VII. Present rate of shoreline erosion (if known):
aze
List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: Al -JA-
Length of time required t& complete project: ?1']Cnf>klEh
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%s 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 - 7
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
17140 14J67kto114,1 1/9 IV /'.
1) / - _ , L6?Z?,A
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XI. Certification requirement: I certify that to the best of my knowledge, the prop ed activity complies
with the State of North Carolina's approved coastal management program and w II 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 and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE CZ

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