19870259 Ver 1_COMPLETE FILE_19870409

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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 April 9, 19.87 Director
Certified Mail
Return Receipt Requested
Mr. T. W. Poe, President
Portside Homeowners Association
Route 2, Box 678
Chocowinity, NC 27817
Dear Mr. Poe:
This letter is in response to your application request for permits under
the Coastal Area Management Act and the State Dredge and Fill Law to excavate
an earthen plug and entrance channel at the mouth-of an existing canal system
and add a culvert at a different location in the canal system to provide
flushing. The project site is located on the Pamlico River at Portside in
Beaufort County. Processing of your application under a joint state and
Federal review, including onsite investigation by cooperating agencies, is. now
complete.
Based on the foregoing review, the Division of Coastal Management has
made the following findings:
1) The project has been determined to be inconsistent with Coastal
Resources Commission Rule 15 NCAC 7H.0208(b)(1)(H) which states that
construction of finger canals will not be allowed. Canals shall be
either straight or meandering with no right angle corners;
2) All evidence available to this office leads us to conclude that
opening the canal will cause a significant adverse impact on
adjacent estuarine resources;
3) The project is essentially the same project denied by condition in a
permit for other work issued on April 24, 1985 to Mr. Warren
Wtiic ar -,
4) The required Section 401 Water Quality Certification for the project
covered in item 3, above, was denied by the Division of
Environmental Management on July 5, 1984;
5) Processing of the required U. S. Army Corps of Engineers permit is
in abeyance pending any further action on a court ordered canal
pA Bm 27687, RakWih North Carolina 27611-7687 Tekphone 919-733-2293
An Equal Opportunity Affirmative Action Employer
IV
Mr. T. W. Poe
Page 2
April 9, 1987
closure; and water quality issues as set forth by the Division of
Environmental Management in the review referred to earlier;
6) Three additional state agencies, i.e., the Wildlife Resources
Commission, the Division of Marine Fisheries and the Division of
Water Resources have expressed concern in this review that there
should be provided scientific evidence that the canal system
connection will not degrade the water quality of the Pamlico River,
and further, that all Corps legal action should be resolved prior to
a favorable state permit action.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which
provides for permit denial upon finding a significant adverse impact on
estuarine resources, G. S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fill Law,
and G. S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing to challenge the factual findings or legal conclusions regarding this
denial. A hearing is similar to a trial, involving appearing before a hearing
officer who listens to the evidence and arguments of both parties and then
makes a recommendation to the Coastal Resources Commission. A decision by the
Commission, adverse to you, may be appealed in the courts. Your request for
such a hearing must be in the form of a written petition, complying with the
requirements of Chapter- 150B of the General-Statutes of North Carolina, and
must be filed with the Office of Administrative Hearings, P. 0. Drawer 11666,
Raleigh, N. C.-, 27604. The request for a hearing must be submitted to the
Office of Administrative Hearings within twenty days of receipt of this
letter. A copy of this petition should be filed with this office. Enclosed,
please find a petition which may be used for'your hearing request.
If you request a hearing, you may have a choice of hearing officers,
either a hearing officer of the Office of Administrative Hearings, or a
hearing officer selected by the CRC (usually.a member of the CRC).: Unless you
waive your right to a hearing before the Office of Administrative Hearings,
the hearing will be conducted by a hearing officer of that agency. If you
prefer to have your hearing before a hearing officer of the CRC, you must sign
the "Waiver" contained in the enclosed petition form.
---Als , v-ised--t-hat-as-ong-as-ttris-State-permit -denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
Mr. T. W. Poe
Page 3
April 9, 1987
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral, Assistant Director at 919/733-2293, P. 0. Box 27687,
Raleigh, N. C. 27611.
Sincerely,I
vid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, N. C.
Enclosure

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
March 30, 1987
M E M O R A N D U M
To: John Parker '
Front: Bill Mills
Subject: Application for CAMA Permit
Portside Homeowner
Beaufort County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
1. This proposal to remove the plug in the existing
canal is essentially the same project originally
proposed by Ormond Whichard in 1984. The 401
Water Quality Certification for the project was
denied and that denial still stands. Appeal of
the denial was filed by Whichard but to date has
never been finally resolved.
2. It is recommended that no further action be taken
on this application until resolution of the appeal
by Mr. Whichard of the proposal.
BM/k
CC: Jim Mulligan
Thomas Hilliard

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rVATER QUALITY SFCTi0;4
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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
23 January 1987
Mr. Joh R: Parker, Jr., Chief
Majo ermits Proc sing Section
,,,,Office of Coastal anagement
Raleigh, North Caro 'na 31
Dear Mr. Parker:
The attached copy of an application submitted by:
Portside Homeowners Association
Applicant's Name
Portside Development Beaufort County
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; attached; X will be forwarded later.
S"ncerely,
V.
Charles S. Jones, ief
Field Services Section
CSJ:ap:3566
P.O! Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1• Applicant's name Portside Homeowners Association
2. Location of project site Beaufort Count Portside Development off of Sk,,ll 6
Pamlico River, hphoto # 17-7742-72-598, N-22 0--17
3. Investigation type: Dredge 6 Fill, X CAMA X
4. Investigative procedure: (A) Dates of site visit 1-21-87
(B) Was applicant present No
5. Processing procedure: Application received 1-19-87 Office Washinqton
6. Site description: (A) Local Land Use Plan Beaufort County
Land classification from LUP Coriseryatlon
Development constraintq identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Coo,ercial
(E) Type of wastewater treatment: Existing Individual septic tanks
Planned Additional septic tanks possible on unsubdivided land
(E) Type of structures: Existing. Mobile homes
Planned None ...
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description:
AREA
(A) Vegetated wetlands: Dredged Filled Other
None _N/A N/A
(B) Non-vegetated wetlands:
(C) Other:
Open water area + 4,000 sq.ft.
(D) Total area disturbed: + 4,000 sq.ft.
8. Project aummary The applicant is proposing to permanently establish an opening of
the Portside Canal System to the Pamlico River and to try to improve water
circulation by the placement of a culvert within the canal system
Environmental setting
The Portside Canal System was developed in the early-1970's by Mr. Warren
Whichard apparently without proper permits from the Corps of Engineers. The
development consisted of a meandering finger canal system with adjacent lots on
which were placed mostly mobile homes. As a result of various court actions,
the Corps of Engineers has required the main ditch which connects the entire
canal system to the Pamlico River be kept plugged. However, this has not been
done, and at this time there is a + 20' wide navigable opening which connects
the canal system to the Pamlico River. This opening has been present for well
over 1 year.
On 12 January 1984, Mr. Whichard applied for permits to open the canal system and
those permits were denied due to comments from various agencies.
At this time in addition to the canal being open to the Pamlico River, 74 platted
lots occur around the canal system (see attached plats). As previously stated,
most of these lots are developed with septic tank systems and mobile homes.
Possible future development areas exist between the southern canal and SR 1116.
This area has not yet been subdivided (see attached plats). The present canal
system varies in length due to the number of T-canals and deadend canals. The
width also varies from + 50' to + 100', and the depth varies from -2.5' NWL at
the mouth to -6.0' throughout most of the canals. Most of the canal system is
bulkheaded and no wetland vegetation is present.
Project proposal
The a licant
(1) The excavation of a permanent navigable opening of the canal system at the
point where the plug is supposed to be located. Proposed is the deepening of
the + 20' wide, -2.5' deep at normal water level opening to a depth of -6.0'
at N9L. The area to be excavated will be 200' in length with a width of 20'.
The area will be excavated by a dragline on a barge, and all spoils will be
placed landward of an adjacent bulkhead.
(2) The placement of a 50' long by a 48" in width culvert underneath one of the
development roads. The culvert will connect the canal system to another canal
which is not part of the development. This canal is open to the Pamlico River.
The purpose of this culvert is to improve water circulation within the Portside
Canal System. (see attached plats)
Environmental impact
If the project is conducted as proposed, no wetland vegetation will be excavated
or filled. The environmental concerns are those which have been previously raised
which regard water quality of the canal system.
David L. Gossett - Washington Office - 23 January 1987
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
V %
1-11-e7
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina
(GS 146.12) Department of Natural Resources and Community Development Department of the Army
Corps of Engineers, Wilmington District
(GS 113-229,14 3-215.3(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.
1. Applicant Information
A. Name- ORTSIDE HOMEOWNERS ASSOCIATION -- T W Poe, President
Last First Middle
B. Address Rt R,,,r Aug
Street, P. O. Box or Route
Chocowinitir. NC 27817 946-1419
City or Town State Zip Code Phone
if. Location of Proposed Project:
A. County BEAUFORT
B. 1. City, town, community or landmark PORTSIDE
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
canals off Pamlico River
111. Description of Project
A. 1. Maintenance of existing project 2. New work X
B. Purpose of excavation or fill
1. Access channel length 200' width 20' d I 6, MLW
C.
D
cpt t
2. liuat basin _ n/a length width depth
n?a
3. 1 ill area length width depth
4. Other culvert
length0
_?_.___-width y,? depth i
I. Bulkhead length ---na Average distance waterward of MHW (shoreline) n/a
2. 'rype of bulkhead construction (material) n/a
Excavated material,(total for project)
1. Cubic yards 720
2. Type of material sand
fill material to be placed below MHW (see also VI. A)
1. Cubic yards none 2. Type of material n/a
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
13. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location High ground yard areas
2. Do you claim title to disposal area?_ yes
D. V ill material source if till is to be trucked in
E. How will excavated material be entrapped and erosion controlled? natural basin in yards, geo-textile
behind bulkheads
I I ype of equipment to be used dragline
G. Will marshland be crossed in transporting equipment to project site? If yes, explain no
i,( tom{ -c?i
-e 1
- V. Intended Use of Project Area (Describe)
A. 1. Private Private boat access to 78 residential lots
2. Commercial
3. Housing Development or Industrial nnnp
4. Other none
B. I. Lot size(s) 150' x200'
2. Elevation of lot(s) above mean high water 4,-5 ,
3. Soil type and texture san loam
4. Type of building facilities or structures _ single family dwellings
5. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe septic tank
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local nd 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 X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project com letion? Yes No X
2. Type of discharge n a
3. Location of discharge- a/a
VII. Present rate of shoreline erosion (if known): unknown
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State
work in project area if applicable: n/a Permits for
IX. Length of time required to complete project: two weeks
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!/2X 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 see at?aehed letters
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.
(Wya't.t. & D?sh^ Wood R Box 685 Chocowinitv NC 27817 ®JohnW.& Patricia M. Shut
?-?R l l O A 11 _
nc 1 nox G1?1A Kinston NC 28501 Kinston, NC 28501
Arthur & Jackie Tyndall Rt.2 Box 682 hoc winti , NC 2 817 7
xi. Jj? bttcay De Jo Any Whichard, P.O. Box ?72 Fhocow?nty, N.L. William H. Whichard
t ron r urrement: certi that to the best of my knowledge, the proposed activity complies P.0. Box 746
with the State of North Carolina's approved coastal management program and will be conducted in a Washington, N. C .
manner consistent with such program.
X11. 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 anticip devel-
opment activities, including construction, excavation, filling, and land clearirr4_
DATE A/a 7
06 F•82
Rev. in/7o

CFF t?G.VFDCC cenr
Applicant's Signa ure

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PROPOSED IMPROVEMENTS to
EXISTING CANAL SYSTEM
Portside Home.Owners Association
Chocowinity Township Beaufort County
November 6, 1986
By: Hood Richardson, P. A.
Washington Square Mall
Washington, I:. C.
PAML/CO
Groin

R /VER FLOW
- 4.5' ---.-
Groin
Bulkhead
Property of
(I
l LOT

Property of 1 li
JOHN W.,JR. 8 BATRICIA M. High
SHUTE Water
0.8.870, Mark
P94 1
Canal
Property of
BOBBY D. 8 JO ANN
W H (CHAR D
D. 8.744, P. 49
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v
1 0
N wASNINf{Tod
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t) ti ?.RG(?
CNOGO?-jINIry
ry
VICINITY MAP"-no scale ry
RUSSELL H. 8 CATHY
LEDBETTER
D.B. 789, P.224-
Proposed 48"X 90'
(-Corrugated Metal Culvert

?
Bulkhead
AI ,
,(-6.0' Canal
7.0'

- v
a: E
vi >> Property of
(Hi h,
o LOT Water
Mark
W YATT F.
8
DOSHA WOOD - 6.0'
0. 8.784,8 331 1
!? a
U
.A Pavement AI
Sloped 3/1
With Granite
Rip Rap Both
Soil Sides
J
High
Nbter
Pro Level
ConCreTe Culvert
48«x 90'
Proposed Construction
AXIAL CROSS SECTION
Scale: Horizontal 11-c50' -Vertical 1"= 5'
Ji
NOTES, I. ELEVATIONS FROM HIGH
WATER MARK.
2. SUPLUS SPOIL TO BE USED
TO REPAIR EXISTING BULKHEADS
AND AS FILL ON HIGH
GROUND IN THE PORTSIOE
MOBILE HOME PARK.
Revised 12/8/86
Proposed To provwnents
Existing Canal System
Pbrtskie Home Owners Association
CNOCOWINITY TOWNSHIFLWAUFORT COUNTY
SCALEtl--100' DATE: 11/06/06
BY: H000 RICHARDSON, PA.
WASHIGMN SQUARE MALL
WAS14040TON. N.C.
86-01-298-3
1
-4.5 '
A
Pier 1
4
3: 10
J ?-
U-
R/
A
1
?l
Property of -6.0
WARREN C. 6 WILLIAM HENRY
W HI CHARD
D. S. 731 , P. 34 / -5.5 Canal
.
-6.0
-5.0
l1 Bulkhead-5 0 _ Property of \\
-3. _ AI / Lot # 1,221 \
0 -3.5 Canal ?. \
Groin - ?" ARTHUR F. S JACQUELINE
l -? TYNDALL \
3o Groin 1 ' Q.B. 737, P. 116 \
LL
V Proposed 1!?
v Excavation
k Area t - Froperty of
'K C111
LOT# (2' 4
LESLIE EARL a
\ OELLA ROUSE
1 0. 0. 709, P.920
t0
1 0
1 I-
A
I
Oposed Excavation
INAYELY / 600 ACUSIC
AXIAL CROSS SECTION OF PROPOSED EXCAVATION AREA
SCALE: Horizontal 1=5O'-Vortical 1-=S'
NOTES: 1. Elevations from high water mark.
2. Surplus spoil to be used to repair
existing bulkheads and to be
placed on high ground In the
Pbrtside Mobile Home Park. SITE II
Groin I
A
I High
I Water
Mark
l?
tl
I I
1
Proposed Improvements
To
Existing Canal System
IF brtside Home Owners Association
HOCOWINITY TOWNSHIP-BEAUFORT COUNTY
SCALE:1"-100' DATE* 11/06/66
BY: HOOD RICHARDSON, PA.
WASHINGTON SQUARE FALL
WASHINGTON. N.C.