19920765 Ver 1_COMPLETE FILE_19930120

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a ?+ STATE a
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
January 20, 1993
Tommy Newman
Post Office Box 101
Swanquarter, N.C. 27885
Dear Mr. Newman:
Jonathan B. Howes, Secretary
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed basin enlargement, maintenance excavation,
borrow ditch fill and parking lot construction
Project # 92765
Hyde County
Attached hereto is a copy of Certification No. 2803 issued
to James M. Floyd dated January 20, 1993.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
rPP'r ,,..._Y'1 /(/ J 1 vk-o- ?
ston JHo"ward, P . E .
Attachments
cc: Wilmington District Cbrps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional office
Mr. John Dorney
Mr. John Parker
Central Files
James M. Floyd, Mt. Mitchell Lands and Golf Club
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax .[phone]
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Hyde County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to James Floyd pursuant to an application filed on the 11 day of
January 1993 to enlarge an existing basin through maintenance
excavation, fill and existing borrow ditch and create a parking
area.
The Application provides adequate assurance that the
discharge of fill material into the waters of Fodrey Creek in
conjunction with the proposed development in Hyde County will not
result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
2. Dredging in the basin and access canal shall at
most be to - 5.5 NWL.
3. The borrow pit shall be emptied of all non-natural
material before filling.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 20 day of January, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
0Y
S?P eston Howard, J . P.E.
WQC# 2803 1?
r__:1
RECEIVED
' WASHINGTON OFFICE
Cv 1 1992
State of North Carolina r? 1_ rya
Department of Environment, Health, and Natural Resources
Division of Coastal Management
1424 Carolina Avenue • Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
11 December 1992
MEMORAIRDUM
TO:
FROM:
Mr. A. Preston Howard, Acting Director
Division of Environmental Management
John R. Parker, Chief
Major Permits Processing Section
SUBJECT: LAMA/DREDGE & FILL Permit Application Review
Applicant: Tommy Newman
Roger N. Schecter
Director
Project Location: On SR 1136 in Swanquarter on a manmade canal adjacent Fodrey Creek,
in Hyde County
Proposed Project: The applicant proposes to enlarge an existing basin and do
maintenance excavation in the existing basin and entrance canal. A
dock in proposed on one side of the new section of basin and an
existing landlocked borrow ditch is proposed to be filled to create
a parking area.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by 1 January 1993. If you have any questions regarding the proposed
project, please contact David Moye at 946-6481. When appropriate, in-depth comments
with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
_? This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date I 120 h3,
Box 1507 • Washington, North Carolina 27889 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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JAN 191? ?I
NOME OV'P11 "ING OF
APPLICATION LAMA MAJOR
E V'ELOP r?,1' PE,`JI IT AND
WATER QUALl"". V CF-RTIFICATKIM
The a',J f ais jtal
"L, I:yt ti4" as roqUI 4 by
N C,Gi.S. , 13A 1z?;. 'Iii.! 14;; 2°a , f} tci.that
omrNsy -ww mC,? ! :: uY? '' ti isl ors 4 DeCoiliber
1 D9 ? to a permit I ,ol tDivisi?I)f ;?f Co l?stal
to Jov? ¢ In wi Area of Erivironml val
Concert and fof` c I icatlon from the? &Vlsiot of
EnKitonmsntai Man smont that,& clischar+ge (if till
rnsttt rliai In bra;9rt w lands will ndt v(oiate appllc?;iblo
water giJallty standards Aocord ng to ?sid
app?iut; r? Tp+r?m I`1t9wmQn proposes to ®nlarg?) an
ex suing asin anodo maiwenancme excavation I!n a
existing ?aslrl acrd en1ranoe canal. In addition, a (lock
pro),: ogod on one 910(4 of trio new section of b+ sin
n *xVI;ng iaodlocked borrow dil+ch Is propose I to
rie filled to ,,recta a parking area The site Is loc?cted
in Hyde (7.o . e,ty on R i `136 in Swanquarter ( n a
ma.nmifie .-in I ad11' cow Fodray Croek. A co?je of
Yid r, . vllGatEor and addntional infouni tion
.Ylq '+. ed (v copies furnished upon regl st
Wla ,i,!"Yf l re;)roductlon owns) dur:nq riolmal
buWrsess n: urs cat the Olvisiion of Coe star
' !an9ggmerst 4'4 Onrohna k4nuo, Wasi-iir Iton"
011rn (nn, ana,,vr the Div slori of f r w Jol7rnr ntal
9 1414 Carolina .Avenue. V`?r:shinc inn,
a t;I? ?,,w,, or Vironmental 1>?1esr.n0on 9n1
-196 tv" lakfi+ final acl;on on this water g4,Iai;ty
`ion c;r} n- p fore 30 January 1993 't'he
tt of trig (AMA Major Dovelopment p(irmlt
,r the So(ifti 401 Certification may deviate 1,om
inis projecled date dopending upon the nature n+ the
oornt,Qnts submitted rind s,;bsegaent hearrngs3 JIhat
miry exult.
All persons desiring, tv f!,ake r:un'?nt,?n±8 should d;! sa
in wgting to Mr Rogo*r got?r Dir'ec'tor, 0.v!sic11t of
Cogistal Managerrient, RQ t3ox Veil;7. F?alq K"r
N,C.-s. 27'61 1 prior to 20 J nus?ry 1993 ' '0ortt?SCUr;*10n fn .the 4A#M permit ?i0q, *?I,?I to ?
Mr, John Dorney, Divisicn of t; rlvirortrt'r6)1011
Managerroni, P.O. sox 27687, Raleigh NI)rlh
Carolina 27611 prior to 15 January 1993 ' for
co aideratlon in the water quality c.ert4(lcahun
decision. Lator comments on the CAW appiict) ?,ort
will be a pled and -considered up to 4,ne ti e;,, - of
ppeermlt decision. Project modiffceitions ?rl'o 1oUr
b08e0 on review ano Corr ment k?y the pudic ind
state and fedora.! a0encies. Notioo of the pe' mit
0,W)Sl4n In this matter will he prop Idea upon writen
requ?s2.
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MEJ ORANDUM
TO: John Dorney ` 19
Planning Branch
SUBJECT: WETLAND STAFF RED = IONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT I LE)***
INITIALS:
Reviewer•_
WQ Supv:
Dat
6V-
c PERMIT--Y . 92 PERMIT _NO: 000 COUNTY: HYDE
APPLICANT NA E• T MITCHEL LANDS & GOLF CLUB
PROJECT TY. . OAT BA ;RMIT TYPE: CAMA
COE #: 199300781 DOT #:
RCD_FROM_CDA: DCM DATE FRM CDA: 12/21/9
REG_OFFICE: WARD RIVER__AND_SUB-BASIN_#: rJ
Q.GtJ
STREAM-CLASS:
STR INDEX NO:
WL IMPACT?: YIN WL TYPE:
WL REQUESTED: WL ACR EST?: YIN
HYDRO CNECT?: YIN WL SCORE(#):
MITIGATION?: YIN ITI' ION_TYPE:
MITIGATION SIZE:
IS WET R 'I S EE' T HED?: YIN
RECOM/NLID TION (Circl One): ISSUE ISSUE/COND DENY
COMMENTS:
d-A
cc: Regional Office
Central Files
POW

I! i
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME
d i, M?
?_ 1 1992
g'
WATER O(JALITY SECT ON
2. LOCATION OF PROJECT SITE Hyde County on SR 1136 in Swanquarter on a man-
made canal adiacent Fodrey Creek
PHOTO INDEX: 1989: 98-3, K-11; J-11 1984: 90-1084, 0-17
STATE PLANE COORDINATES: X: 2,793,600 Y: 612,400
QUAD. NAME SWANOUARTER QUAD. (LOWER LEFT CORNER)
3.
4.
5.
6.
7
INVESTIGATION TYPE: DREDGE & FILL X CAMA X
INVESTIGATION PROCEDURE:
(A) DATES OF SITE VISIT 12-9-92 1-31-92
(B) WAS APPLICANT PRESENT YES YES
PROCESSING PROCEDURE: APPLICATION RECEIVED 12-4-92
WASHINGTON FIELD OFFICE
SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Hyde County
LAND CLASSIFICATION FROM LUP Conservation
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST AREAS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(t') TYPE OF WASTE -91\,.TER TREATMENT: EXISTING None
PLANNED None
(F) TYPE OF STRUCTURES: EXISTING
PLANNED None
(G) ESTIMATED ANNUAL RATE OF EROSION
HABITAT DESCRIPTION:
SOURCE Applicant
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
adiacent borrow ditch 7,280 ft2
(B) NON-VEGETATED WETLANDS:
canal, basin, and ditch 11,580 ft2 2,640 ft2
(C) OTHER:
highground 8,280 ft2
(D) TOTAL AREA DISTURBED: 23,540 ft2
(E) PRIMARY NURSERY AREA: YES X NO
(F) WATER CLASSIFICATION:
SA
OPEN: YES NO X
8. PROJECT SUMMARY: The applicant proposes to enlarge an existing basin and
do maintenance excavation in the existing basin and entrance canal In
addition, a dock is proposed on one side of the new section of basin An
existing landlocked borrow ditch is proposed to be filled to create a
parkina area.
I

Tommy Newman
Hyde County
Project Setting
The applicant is proposing to undertake development on property owned by
the estate of Edwin V. Floyd of which James M. Floyd is the trustee (see attached
letter of consent). The property is located on SR 1136 in Swanquarter on a
manmade canal adjacent Fodrey Creek in Hyde County, North Carolina. The overall
tract of property is approximately 36 acres and is dominated by Juncus
roemerianus marsh.
At the western edge of the property is an existing access canal (± 110' X
30') and basin (± 120' X 17'). An old borrow ditch (± 220' X 12') is present at
the same location and has been used over the years as a dumping area for local
residents. The project site is immediately adjacent SR 1136 and the canal and
basin banks are a mix of coastal wetlands (J. roemerianus and Distichlis spicata)
which give way to Phragmites spp., then herbaceous shrubs. The old spoil bank
is vegetated with red cedar, bay, herbaceous shrubs and upland grasses.
The site averages 1.5 feet above mean sea level. The manmade canal and
basin connect into Fodrey Creek which is classified as SA-ORW by the
Environmental Management Commission (EMC). The EMC does not carry the ORW
classification into the manmade canal. The Division of Marine Fisheries has
designated the area as a Primary Nursery Area.
Project Description
The applicant proposes to maintenance dredge the existing ± 110' X 30'
access canal and ± 120' X 17' basin to a controlling depth of -7' below the NWL.
In order to enlarge the basin, the adjacent ± 120' X 52' of spoil berm is to be
removed to a depth of -7' below the NWL to give a total basin size of ± 120' X
691. A 180' X 4' dock is proposed along the south and east sides of the basin.
The applicant proposes to fill in the ± 220' X 12' borrow ditch and fill
approximately 7,280 ft2 of adjacent wetland between the existing road and spoil
berm to create a parking area. A 6' wide swale will be created between the
existing road and the filled area and sloped towards the new basin for drainage.
Anticipated Impacts
The center line depth of Fodrey Creek was sounded at -5.5' on 9 December
1992 (value has been corrected to compensate for a -1' low water reading on that
day). No maintenance dredging or new dredging should be allowed below -5.5'.
The project as proposed will result in the filling of approximately 7,280 ftl of
highly impacted wetlands. Approximately 2,640 ft1 of standing water borrow ditch
will be filled which at the present time does not connect into the existing
basin. Localized turbidity would occur as a result of the excavation activities.
David W. Moye - Washington Office - 10 December 1992

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your If you plan to build a marina, also complete and
attach Form DCM-MP-2.
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects. b. Is the proposed activity maintenance of an
existing project, new work, or both?
1 APPLICANT
c. Will the project be for community, private, or
a. Name commercial use?
6c,,?1 MF-1Z c-! fJ U.
Address ?. a f1 k t y l - ---
City4_AL14,0Q ttA21FZ State t J-L . d. Describe the planned use of the project.
Alll)f?C1JAli "DC''(.k-1? fiR.. ?:.rniY1E12?i/!t. i-µ7?,/jl
Zip Day phone d iX('Q 426a 414D Liu L, _pizcJ?D;? paarantEj rriz u??r_,?s

Landowner or ? Authorized agent
b. Project name (if any) rJ JA
4 LAND AND WATER
c. If the applicant is not the landowner, also give the CHARACTERISTICS
owner's name and address.
a. Size of entire tract 7i` ,tclu%5
.ti1r ?
^OL
_
b. Size of individual lot(s) rd )A

c. Elevation of tract above mean sea level or
A National Geoce.ic Vertical Datum
2 LOCATION OF PROPOSED *-5'
PROJECT PFATT' C.?ca+?,L s.,fs,rea?,? CMDO! ?J}?ul?J
d. Soil type(s) and texture(s) of tract
-- APP,Lti,A,-n 1 C;L1Y(i4i614 Etk:':?N? r1A A5)
a. Street address or secondary road number TA.ICi .s r.. k?;-.ti,l:1L :? ?s 5,•.n?'
4; i t e. Vegetation on tract oL PelrJ •? = A A
9kta ? i ? rti'
st mA2?4 1 I p?2f DnSri,NA t1, ?jesl
b. City, town, community, or landmark 0L-%':) L,a?+DLCrrLe.u rn,zrt -r-iLiXD w,T,i Pu,0/S '
'?,? ?J a?,I Q U A IZTL- fZ, f. Man-made features now on tract
c. County I-i `f 72p,
d. Is proposed work within city limits or planning
jurisdiction? s lt'
e. Name of body of water nearest project
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
-_-?_ Conservation --Transitional
Developed Community
Rural Other
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). EIAL41Zis,fJti_
F20M W04 Lac`'-CWJP Wi-04 pi RiMETL' nc(Z J
?---
'Fpa rWl,; FiiiZi'> iJ;TN 11;?+w4 i D>-'Qi5. AL7C
i10oj 1¢?JAN(L• 0i ,4a.GX,5 CMJAL.
12/89
h. How is the tract zoned by local government?
i. flow are adjacent waters classified?
j. I las a professional archaeological survey been
carried out for the tract? _I J , __ Ifs so, by whom?
f. Dimensions of spoil disosal area
10, wo i 562. FT.- (Z(c X 40 Gvq .>
c. Shoreline erosion during preceding 12 months, in
feet CSI
g. Location of spoil disposal area Aa-f4KI-Ai ITo &_CA_U.A- d. Type of bulkhead material eJ /?
-nabl tv A L,, at, 6 )2, i i ?.el
h. Do you claim title to the disposal area? YE6
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? -iE5
If so, where? 01.4 h rfpa,
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? ?a, "'
1. Amount of fill in cubic yards _ G-F
?q
m. Type of fill material 6,"4jp ,rnuc;L,
n. Source of fill material I)D, i hum f'A,?-,,?J ac4J,4 nl
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
4g, Til' eP_L-b Sic?F,l?? iraL AR0
'Liv
Si?.T rLniC;:-S ?n?yTAtt.f=D _
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? t22?) 6 GijQ F Ru
s. Will wetlands be crossed in transporting equipment
to project site? Mc, If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap -1
b. Average distance waterwar of mean high water or
normal water level
e. Amount of fill, in cubic yards, to be placed below
mean high water "i f b _
f. Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the 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.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I 1 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
12/89
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To: John Dorney
Planning Branch
2
DIVISION OF ENVIRONMENTAL MANAGEMENT
?;1 ANDti'
CAMA/COE PERMIT APPLICATION REVIEW 41
??
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL Z-
AREA OF FILL: WATER : Q , t WETLAND : / 9'2"6
IS FILL ELIMINATING A SIGNIFI %fi.,N? USE?
DREDGING
AREA TO BE DREDGED: J/ 5 ? a
IS DREDGING ACTIVITY EX?ECTED'TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? ^-(
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?o
MARINA
RECOMMENDATION: ISSUE (ISSUE/COND DENY HOLD '
STORMWATER PLAN REQ: P.) ? I Y S, DAP APPROVED :
a'-
P JECT DE`SCARIPTION. 1
21
L''tezC4 Q ?a1-,
WATER QUALM CERT. 401
CERT. REQ'D:
IF YES, TYPE : _L..
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Q?
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
WL IMPACT: ` 9 2 WL TYPE:
WL REQUESTED: ?I WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: /y MITIGATION TYPE:
MITIGATION SIZE: RATING-SHEET-ATTACHED?
COD F: Cl?) DOT #: Z---
RCD FROM CDA: DATE FROM CDA: 1
REG OFFICE: WaRO U RIVER AN SUB BAS?N F- % i? -7
STREAM OR ADJACENT WATER BODY: ?/ ?? C?SQ fj
CLASS: STREAM INDEX F: 9 Q 1
OPEN OR CL OS D•'/9a°'r"-'
WaRO PROJECT F (3 - WQ SUPERVISOR: THPRPA
REVIEWER: SAWYER DATE: 7/73 w
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJECT NAME : ?Jc•v ^ -,1 1
PROJECT TYPE: ERMIT TYPE: AM ,&E
ARE THE FOLLOWING ADEQUATELY DRESSED?
SEWAGE DISPOSAL: /Ylq- MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
f
.?- FOR PERMIT RESTRICTIONS :
R/fB /CJOMN MED CONDITIONS
V ply

DIVISION OF MONDIENTAL MANAGEMENT
3
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project: /V
Project No.: -7 ? y C
DDattef Received: 2- 'zt--
F Date Comment: 1
Description of Project:
Comments:
/VW441-?

RECEIVE!;
WASHINGTON UFFICE
DIVISION OF COASTAL MANAGEMENT ULL; p ! , y 1992
FIELD INVESTIGATION REPORT
f4GfVtp
1. APPLICANT'S NAME Tommy Newman
2. LOCATION OF PROJECT SITE Hyde County on SR 1136 in Swanguarter on a man-
made canal adjacent Fodrey Creek
PHOTO INDEX: 1989: 98-3, K-11; J-11 1984: 90-1084, Q-17
STATE PLANE COORDINATES: X: 2,793,600 Y: 612,400
QUAD. NAME SWANQUARTER QUAD. (LOWER LEFT CORNER)
3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X
4. INVESTIGATION PROCEDURE:
(A) DATES OF SITE VISIT 12-9-92 1-31-92
(B) WAS APPLICANT PRESENT YES YES
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 12-4-92
WASHINGTON FIELD OFFICE
6. SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Hyde County
LAND CLASSIFICATION FROM LUP Conservation
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST AREAS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING None
PLANNED None
(F) TYPE OF STRUCTURES: EXISTING None
PLANNED None
(G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
adjacent borrow ditch 7,280 ft2
(B) NON-VEGETATED WETLANDS:
canal, basin, and ditch 11,580 ft2 2,640 ft2
(C) OTHER:
higharound 8,280 ft2
(D) TOTAL AREA DISTURBED: 23,540 ft2
(E) PRIMARY NURSERY AREA: YES X NO
(F) WATER CLASSIFICATION: SA OPEN: YES NO X
8. PROJECT SUMMARY: The applicant proposes to enlarge an existing basin and
do maintenance excavation in the existing basin and entrance canal. In
addition, a dock is proposed on one side of the new section of basin. An
existing landlocked borrow ditch is proposed to be filled to create a
parking area.
P
Tommy Newman
Hyde County
Project Settin
The applicant is proposing to undertake development on property owned by
the estate of Edwin V. Floyd of which James M. Floyd is the trustee (see attached
letter of consent). The property is located on SR 1136 in Swanquarter on a
manmade canal adjacent Fodrey Creek in Hyde County, North Carolina. The overall
tract of property is approximately 36 acres and is dominated by Juncus
roemerianus marsh.
At the western edge of the property is an existing access canal (± 110' X
30') and basin (± 120' X 17'). An old borrow ditch (± 220' X 12') is present at
the same location and has been used over the years as a dumping area for local
residents. The project site is immediately adjacent SR 1136 and the canal and
basin banks are a mix of coastal wetlands (J. roemerianus and Distichlis spicata)
which give way to Phragmites spp., then herbaceous shrubs. The old spoil bank
is vegetated with red cedar, bay, herbaceous shrubs and upland grasses.
The site averages 1.5 feet above mean sea level. The manmade canal and
basin connect into Fodrey Creek which is classified as SA-ORW by the
Environmental Management Commission (EMC). The EMC does not carry the ORW
classification into the manmade canal. The Division of Marine Fisheries has
designated the area as a Primary Nursery Area.
Project Description
The applicant proposes to maintenance dredge the existing ± 110' X 30'
access canal and ± 120' X 17' basin to a controlling depth of -7' below the NWL.
In order to enlarge the basin, the adjacent ± 120' X 52' of spoil berm is to be
removed to a depth of -7' below the NWL to give a total basin size of ± 120' X
691. A 180' X 4' dock is proposed along the south and east sides of the basin.
The applicant proposes to fill in the ± 220' X 12' borrow ditch and fill
approximately 7,280 ft2 of adjacent wetland between the existing road and spoil
berm to create a parking area. A 6' wide Swale will be created between the
existing road and the filled area and sloped towards the new basin for drainage.
Anticipated Impacts
The center line depth of Fodrey Creek was sounded at -5.5' on 9 D
(value has been corrected to compensate for a -1' low water reading thD-
1992 day). No maintenance dredging or new dredging should be allowed below: -5.5The project as proposed will result in the filling of approximately 7,28.0 z
highly impacted wetlands. Approximately 2,640 ft2 of standing water borrow ditch
will be filled which at the present time does not connect into the existing
basin. Localized turbidity would occur as a result of the excavation activities.
David W. Moye - Washington Office - 10 December 1992
own 11?111
E A S I'
CAROLINA
tTNIVERSI'I'T
Immeamom? November 2, 1992
Regional Development
Institute
Willis Building Mr. Terry Moore, District Manager
Corner First
and Reade Streets NC Division of Coastal Management
P. O. Box 1507
919-757-50
919-757-434356 Fax Washington, NC 27889
Dear Mr. Moore:
Enclosed you will find an application to dredge and/or
fill submitted on behalf of Mr. Tommy Newman, a commer-
cial seafood dealer in Swanquarter, NC. The project
site is located across the dirt road (S.R. 1129) from
the large boat shed off Swanquarter Canal, or approxi-
mately 200 yards toward Town from Mr. Newman's business
establishment. The owner of the property or which work
is proposed is Edwin V. Floyd (deceised). Mr. James M.
Floyd is trustee of the estate. (see attached letter
of consent)
At present, there is an old land-locked ditch (200' X
12' X 51) that runs parallel to S.R. 1129 that has, for
years, been used as a depository for trash and debris.
It has been an eyesore and source of embarrassment for
residents of the area for as long as anyone can remem-
ber. In addition, it has functioned as a breeding site
for mosquitoes, snake and rat habitat, etc. Immediate-
ly adjacent to this ditch is, presumably, the spoil
bank from which the ditch was created. Just 50' or so
from the northernmost end of this ditch there exists a
small boat basin that Mr. Newman intends to widen by
35' to accommodate more patrons. The entire area to be
excavated consists of the old spoil area from the small
boat basin.
Mr. Newman proposes to use the spoil from the basin
excavation to "wrap up" the debris laden ditch and
place spoil nearly to the crest of the adjacent spoil
pile (see cross-section). The slope of the finished
grade will drain towards the roadbed. No additional
runoff will enter the coastal wetlands because the
seaward toe of the "new" spoil will be lower than the
crest of the "old" spoil pile. A 6' wide by 4" swale
will be left along the existing dirt road to catch
runoff from the fill area and be graded to drain into
the basin (see drawings). The intent of the filling of
Greenville,
North Carolina Cult Ca,oina Unlversdy is a constduent u?,b wI,cn of The Unn-e,tidy of i -Ii n'.,nn
27858-4353 An Equal Opportunity -Affn cative Action En ;,toyer
the ditch is to (1) eliminate mosquito and rodent habi-
tat and (2) provide off street parking for users of the
newly expanded boat basin.
The basin is connected to Fodrey Creek by a 100' X 28"
access channel that varies in depth from -2" to -711.'
Mr. Newman would like to excavate this cannel to a
depth of 7' below the MWL. A portion of the bottom of Fodrey Creek will need to be deepened so that a 71
1
plane is established from Fodrey Creek to the basin. A
dragline will be used for all excavated materials.
This spoil will be used as fill, also. A 180' X 4'
treated-wood dock will run along the enlarged boat
basin (see drawing) to provide mooring and
ingress/egress for people using the basin. The dock
will extend 3' over the water (overhang) and extend
approximately 3' higher than the MWL.
The proposed project will have several benefits:
[1] the filling of the ditch will add a lot
esthetically,
[2] eliminate mosquito and rodent habitat,
[3] will provide needed off-street parking for
commercial fisherman, and
[4] will provide needed additional mooring for
commercial fisherman.
In addition, the removal of the existing spoil bank for
the basin expansion will allow quicker and more direct
inundation of the coastal wetlands between the existing
spoil piles from high water. No coastal wetlands will
be adversely effected by virtue of this proposed
project.
If there are any questions concerning this proposal,
please feel free to call me at 757-6650. Thank you for
your favorable consideration of this request.
Sincerely,
Bill el
Development Specialist
Enclosure
BP/dc
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT.
a. Name '(c m m Y N G t?J,,r, A-d
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Will the project be for community, private, or
commercial use?
cc?mmF?zu
Address O. OOX I b
City,?-,W44Q,iA4oaz State fJ.C_. d.
Zips gft' Day phone x,2(, - /A f 4
Landowner or ? Authorized agent
b. Project name (if any) 0JA
c. If the applicant is not the landowner, also give the
owner's name and address.
?4 *,tP?P2 ?,aMES, M. r-WYD_?TRu?iTeEZ
? 0u armjLy LAe4AS 4 CL?P?
2 go H??• S'o :??fr?1
SitRNhrI?LE .1.?.G? ?$?14'
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
b. City, town, community, or landmark
S0arJQ uAIZU2
Describe the planned use of the project.
ADDtTDt??%?s'S 2?lL?_ g, ?,'nmEl2ciAi. H?bhllld ?
YJnT3 AND 1iJ11.L 7QC41r)' }A/?kJNfj FC a E¢S
4 LAND AND WATER
CHARACTERISTICS
-a. Size of entire tract IU ?tclzfh
- b. Size of individual lot(s) n1 JA
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
o' To t-i'
?'1AS
PE4T' 02644-c 5545%, )I 'Ah"a 0FTu4dD 4
d. Soil type(s) and texture(s) of tract
P PY LoA+n o- G1.9Y(??brl E,Rc:?r/a 4L'E45 )
W)W,5r of 7;?>•4CT IS T4tiG1S ]2c>:.r?E2?Au?s? Sc.?+E
e. Vegetation on tract e? Pgnl
¢_.fr+???121?DV.%?'it A??iL ?'?AfaMITICS?
OtirD L 4DLC(1Nf_t7 t2nCA-FiWCD WIT#) r>LbZ/S
f. Man-made features now on tract 04,?-,InJ
c. County f-1`fDt? - g. What is the CAMA Land Use Plan Classification of
d. Is proposed work within city limits or planning the site? (Consult the local land use plan.)
jurisdiction? jjd ? Conservation Transitional
e. Name of body of water nearest project Developed Community
Ce"Jl, Rural Other
3 DESCRIPT!^'I AND PL 1,!r!"r) USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). L?RbIti1r5 ?ar??-t?N UTr ?39s/x1
f 2CM 44Ej4 4120 U42 (s1?fi1 pElZf M? [2 OC+d_
'PSd}-?14?.d-9D.SAlFl -S}?? AT j5
rA4,a -,E/JAWZ eF Aa:445 C 1?JA?,
12/89
h. How i the tract zoned by local government?
7--
- i. How are adjacent waters classified?
_IG AT c-12 APtJ A
j. Has a professional archaeological survey been
carried out for the tract? _ j a If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 0It
b. Number of lots or parcels N
c. Density (Give the number of residential units and the
units per acre.) rte
,d. Size of area to be graded or disturbed
o.
VA 9C sa , rr
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan beep submitted to the Division of Land
Resources? rt I ?A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
I °lo
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
C.Q"u 4 AAA Runt keen- ( (oI')
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? rJ ) -4
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
pir-,4F, ?i,lrJ ?n
m. Water supply source 4
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
nJ ) 4
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?_ q I&
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
V(MLW) or (NWL)
Boat basin r"Fa-Xy
Other (break ?eo -
water, pier, plex
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
j. Have these facilities received state or local approval? Upland fill
,t.1 /,& areas
k.. Describe existing treatment facilities.
L-J-0 J :
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). tiu .rte P-L40kFF
Length Width Depth
1 1O' 30' q ???, . Z? AYL .
17.0' 17 ?' VL`
/W1 5V -7

40

b. Amount of material to be excavated from below
water level iii ^u,ic yards
c. Type of material Sib t mu UL
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
31/,/
2 12/89
f. Dimensions of spoil disposal area
1 O, wo t SQ. i t'2too x 4o 0? .
c. Shoreline erosion during preceding 12 months, in
feet v'
g. Location of spoil disposal area &PY t Te ?LAild- d. Type of bulkhead material
-flo j d- A L? a h 6. i2, r IAq
h. Do you claim title to the disposal area? YE5
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance?_ k6
If so, where? _.o?4 h i-fp-
j. Does the disposal area include any marshland,
swamps, or water areas?
`rc 5
k. Will the fill material be placed below mean high
water?- YcS
1. Amount of fill in cubic yards.
m. Type of fill material 6 r) r rnuctL
n. Source of fill material IM- A(z-4 r &?A ExcAJ cn1
o. Will fill material be placed on marsh or other
wetlands?_ Y/Z-5
p. Dimensions of the wetland to be filled
- - 'rr?o'x z6' = 7 vfro ?. Ft'
q. How will excavated or fill material be kept on site
and erosion controlled?
rI W, w 1 w i5is -rote l;bv??ro w Ap-
gcdy Fium ay `J ?Vn??_?1cL eJn
Ss?,T rCNGGS rNS7AN,? b
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? 17E7 w a X t b u 6v12o16,P,
s. Will wetlands be crossed in transporting equipment
to project site? Mv_ If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap f-J I b
b. Average distance waterwar of mean high water or
normal water level 1.1 ?A
e. Amount of fill, in cubic yards, to be placed below
mean high water n1 J A
f. Type of fill material 4 Ik
01
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the 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.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I l white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
1289

Name L5 &MA VFW DAdis
Address J?-0- Sox 'V* 11_ 1?W ? &14Q_rE2? N C- 7Q8S
Name MR t. N F???}!= a?u ?-roa
Address 9T -7 P" q 71,
FL,q?JT UT'f KcpiflA 33??G
Name
Address
- A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
t? ?A If, rrntT 4- Ig3 - Y?
tis'o
A check for $JM made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
4
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of ? JSTI , , 19Z
Landowner or Authorized agent
12189
1b?71?v
r
-Box

161
swa,i,- a,4't

L-Lv"-k-
UAN-
CIL-
t
f/nOlAi-W

v7s??

P. O. Box 276
Swan Quarter, North Carolina 27885
October 7, 1992
Mr. Tommy Newman
P.O. Box 101
Swan Quarter, North Carolina 27885
Dear Tommy:
I not only have no objections to your dredge and fill
proposal as outlined in a letter dated October 7, 1992 from
Mr.Bill Powell, Development Specialist, Regional Development
Institute at East Carolina University, to Mr. Terry Moore,
District Manager, NC Division of Coastal Management, Washington,
North Carolina, but I heartily approve. As Mr. Powell said in
his letter, I think it will add a lot esthetically and will
benefit all the citizens of Swan Quarter.
Sincerely yours,
Z'A ??f `vis
1

t '

0
A 14M
.4 Ak
DEVELOPMENT s E )
WATER QUALITY CIERTIFIC ,,;.A r1CM
lr-?'l f)el.ir'A;brlkilf O,
13 A•119(lii
4T,J.•1v ^.i,•,Nrr;an fi:tod H',
I i7?+i) (i •! r3 1'1?r`E"ty,9 {r?)!\? t 1(I Ai'?r i i f1; lSiel
M-}.?.t: J,..'.?,rt: tNo c???ra?pp in ?r} hrts?.:7' i:.r• ? ' t,r?{<??
cull- '010 ErrSd iot orVflca-.:)'{ frorr 1EEe ni0i;,::,r) r)t
Er,-v:ror1,,)ontw Maria; emen! that a tt ?rCr?N?'?r; u4 ?,II
n,%3t t(?i in projeot v0Va',As wi l
Y i
Voi'i?el t ?'oflly LSlandards 1':,! r;;,. ;:f7Ct
ap(.1,1.C1.frr rrr?;!1 Y?r..}l`l.? ', (! ? ,"r"!at .. •i
ey ;;t a) no
i of ? f' ! r'?3(?ya 'i(ar' ?f h
Ar ?"ti 1??,r1?1 ;?y(}St "!C`k5(` %?)!'G>J? dltr
tiCi f1{i6Li iiJifl:fEi?1?9 CA 1
in il ,, v ,)onty or SR ", 136 in St., ?: c;
e+?,:)C1!11; ft3 C;ar aE ad;aow i, t oc!,-i)y! f t: Yt'. 'Jr!Y
the ent re appltCv', or l acid+t ,
rr' ay.i -:xaminod d,}t ° .,, ,? f arse ';! tr st
rzn pn,'irlgr?t df ra;?r+,d )C .;r} t c?5',, ,i;
n r!
ht, s rifjs?. hr?,.rr5 of q}?tya[e C)r}i???5;u,.
MEan:u)(;"r;or'!t: 1424 ' f.Jwofi!?u /'?vwI,.:?' e..)- nQto
Nor!, Ce;ro1rna and:ur trlf? !,ims!oo r,r ;
v rt?t
"1`11?l?jHr,lE4Cit, '474 f ar,,;thnn A-V4i%
N:?1tt? t^?arr.?'lr?r?
Tile DI-Aslorl 0 propi)sas to take fig-ia,) EiCt trt on
re?t?f# ,?t?orl u? ? or before 3C L,
4suance of the CAh1A Major oo,:r cv;?
and tho ?fa?%IiC>f' ?tr'1 !`f+riNtrt3 i?: r? ;iy •?,, 1=;? fir;; {:
this (J?Ito
<`zirr7rl?Hnts ,:ta}a?*^°itt?=i5 r!?:? ?;.?*?;r?,;
may rfr su
?"s?)r ,dC1P rit+;ai+ fay, AtAA purmo, Ow.„ I
' '{rl #Y e ` v i!l:l} 1, Y t rs
14"frS cl;;F1 ?i?r'?t a r Y?,., r ?) rt1 ;„
oc,
rie.Yt !. ( r1„??? r?'r f?rC?ju ?1 f' ?'{, `{:r• ,
r
a;
+41;?'?*i?rri.a'`?"rte'; s'{'a3RS:M{?;.'igiJls?tdl? I
,.Mmm
v ?
QL
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s

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i i11
1
IAN I 11993
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT WATER QUALITY SECTION
PERMIT AND WATER QUALITY CERTIFICATION WETLANDS GROIJE
The Department of Environment, Health, and Natural Resources hereby gives public notice
as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that Tommy Newman filed an
application on 4 December 1992 for a permit from the Division of Coastal Management to
develop in an Area of Environmental Concern and for certification from the Division of
Environmental Management that a discharge of fill material in project wetlands will not
violate applicable water quality standards. According to said application, Tommy
Newman proposes to enlarge an existing basin and do maintenance excavation in a
existing basin and entrance canal. In addition, a dock is proposed on one side of the
new section of basin. An existing landlocked borrow ditch is proposed to be filled to
create a parking area. The site is located in Hyde County on SR 1136 in Swanquarter
on a manmade canal adjacent Fodrey Creek. A copy of the entire application and
additional information maybe examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours of the Division of Coastal Management,
1424 Carolina Avenue, Washington, North Carolina, and/or the Division of Environmental
Management, 1424 Carolina Avenue, Washington, North Carolina.
The Division of Environmental Management proposes to take final action on this water
quality certification on or before 30 January 1993. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected
date depending upon the nature of the comments submitted and subsequent hearings that
may result.
All persons desiring to m '..e comments shou..d do so in writing to Mr. Roaer S^l :cter;
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C. 27611, prior
to 20 January 1993 for consideration in the CAMA permit decision, and to Mr. John
Dorney, Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina
27611 prior to 15 January 1993 for consideration in the water quality certification
decision. Later comments on the CAMA application will be accepted and considered up
to the time of permit decision. Project modifications may occur based on review and
comment by the public and state and federal agencies. Notice of the permit decision
in this matter will be provided upon written request.
Please publish on 31 December 1992 in Beaufort-Hyde News

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199300781
Mr. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina
Dear Mr. Dorney:
December 22, 1992
... 7
27626-0535
Enclosed is the application of Mount Mitchel Lands and Golf Club,
represented by Mr. Tommy Newman, for Department of the Army authorization and
a State Water Quality Certification to maintain and enlarge a basin, maintain
a canal, construct a dock and place fill material in a borrow ditch on a
manmade canal off Fodrey Creek, Swansquarter, 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 authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is 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, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by February 26, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Gary Mitchell, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,

G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Terry Moore
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
Zips-74 5 Day phone g,9(o- /.Z f 4
1 APPLICANT.
a. Name Tmr^Y NeW.•nA4
Address '?• O . f30SC IV 1
City??WAh!QjA g Ra ' State nl-G .
Landowner or ? Authorized agent
b. Project name (if any) nl JA
C.
If the applicant is not the landowner, also give the
owner's name and address.
Aju
/q9 66) : I
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Will the project be for community, private, or
commercial use?
W,,"MP-RG! A L
d. Describe the planned use of the project.
A121)MU44 , -DcCk E4tq Fc2. GC.rn/?1E72?iAL Eb) wl
4 LAND AND WATER
CHARACTERISTICS
Size of entire tract (r "%f!
wJ E:t? Jam E6 M. F(-oYD (7Rcc?Ti:?)
2,5'Ro HoY. 4o tvwr4 b.
S ?J??t,? .0.6, A97t4-
c.
2 LOCATION OF PROPOSED
PROJECT d.
a. Street address or secondary road number
SIR. 1113& e.
b. City, town, community, or landmark
5?J4?JF uA E 2 f
d. Is proposed work within city limits or planning
jurisdiction? i.lo

c. County N`(Ve. - g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan )
e. Name of body of water nearest project
ti'lr razy cP.apj? ,
3 DESCRIP , AND PL NI !"^, USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier).f Loo 6,M FAi ,TPN aciaz- E46)4
?AP- >rtMI( FitLED w?Tl TiZ*14 f VE-15R/5. A00
1289
Size of individual lot(s) n1 )k
Elevation of tract above mean sea level or
National Geodetic Vertical Datum
O' To +v l
PE4TY c26+41C. Sib: f umxQ 1aaTuwc A'U'"
Soil type(s) and texture(s) of tract
SAPPY wAm o- "IY(Nrbrl hR--%4da AP-445)
oWt;r of 7;L>4cT 'S MOX44, j2c?.?E2?Aw?5 scrnE
Vegetation on tract L A -J ! c.- A2 . F?A-(
? MA?t,:1 ? 'G12t i?A!Il1NAN i L F?AE1 /YI /"rl L?S?
ot-b t?9?tDt eC D r2rxA -P+wcD w'T+) Mb zIS
Man-made features now on tract 54,?,uJ
? Conservation Transitional
Developed Community
Rural Other
h. How i the tract zoned by local government?
b! 4
- i. How are adjacent waters classified?
Sb - c2vJ Pi-AA
j. Hasa professional archaeological survey been
carried out for the tract? _ j a If so, by whom.)
NFk

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels 14,1,6
c. Density (Give the number of residentia] units and the
units per acre.) N 11 k
,d. Size of area to be graded or disturbed
9"A se 5al, FT
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan bee submitted to the Division of Land
Resources? -J
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
c12u54 AIJr? Run) P-001 (o i')
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N ).4
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
p,lontF ?1 MJr.I E17
j. Have these facilities received state or local approval?
rJ /A
k- Describe existing treatment facilities.
/.Jc)#I
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). m fact, Qu 0 DFF
m. Water supply source nl /A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
tj/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? ,j A-
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
? MLW) or (NWL)
Boat basin tie.--Wu T'
'FED pc. ?
Other (break-
water, pier, pieR-
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
110 1 z' AYt ,

I ZOO ?L' -7 ?

b. Amount of material to be excavated from below
water level in cubic yards _ 44 13
c. Type of material S64 b t rnu UL
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
31 /, /
2 12/89
f. • Dimensions of spoil disposal area
lp, yoo t S0- Fi (2too k 40
c. Shoreline erosion during preceding 12 months, in
feet o'
g. Location of spoil disposal area AD14Lf;kT Ic &XAJ.A- d. Type of bulkhead material N b+
7fuJ d- A be it h S. i2, I /All
h. Do you claim title to the disposal area? YLs
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? I?A.h
If so, where? c>4 h rfi;
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? Ye e>
1. Amount of fill in cubic yards. 4117
m. Type of fill material hAsJh Y rnugL
n. Source of fill material PD, T #cz-Ali 6?Y,, J IxcA? cnl
o. Will fill material be placed on marsh or other
wetlands?- YS 5
p. Dimensions of the wetland to be filled
- 7-C_0'xz6' ='7L fro IC-M . Pf.
q. How will excavated or fill material be kept on site
and erosion controlled?
?1vL- W Iu. PSG -rA?r P F-P ?SI.C'a L>) row.A2t>S
gn&o -F=M r ISVtJ 6 eajL Fj(,L A u D
Ss-.,T FDjCU, rNSTALI. =D
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? 122A wi f F1, 8utL-flo-vf2
s. Will wetlands be crossed in transporting equipment
to project site? mc, If yes, explain steps that will
be taken to lessen environmental impacts.
tQ.JA
SHORELINE STABILIZATION
a. Length of bulkhead or riprap -1 1 A
b. Average distance waterwar of mean high water or
normal water level ?J ?A
e. Amount of fill, in cubic yards, to be placed below
mean high water r.1 I A
f. Type of fill material -1•/ /A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the 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 cant' out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I 1 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) Landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
12189

Name roiz7 At,r»A Dad?I,
Address P a Box y'7(0
6%j6QiM, N•C_ a7ff
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Name n?R t-.N vsr=?T?+rRiuE?-roa
Address ?? i3coc 47(<
FL144T UT%lr, KCRIDA 33L7&G
Name
Address
- A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
5 -)A 'E 14 3 - M
- ,s o
A check for $JW made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
A
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the .7 0 day of 19Z
Landowner or Authori zed agent
1289
i
Ibuwt) i Z OF L E.c.u.rz.t?.=, r?OJ•I't,icigV -r4tm FR.oM N.c Covxfll+-

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 22, 1992
Regulatory Branch
Action ID. 199300781
Mr. James M. Floyd
Mount Mitchel Lands and Golf club
7590 Highway 80 South
Burnsville, North Carolina 28714
Dear Mr. Floyd:

Reference your application for Department of the Army (DA) authorization
to maintain and enlarge a basin, maintain a canal, construct a dock and place
fill material in a borrow ditch on a manmade canal off Fodrey Creek,
Swansquarter, Hyde County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
F
-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by January 22, 1993. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Gary
Mitchell, Washington Field Office, Regulatory Branch, telephone (919)
975-5811.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Terry Moore
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
V Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Tommy Newman
Post Office Box 101
Swansquarter, North Carolina 27885
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 22, 1992
Regulatory Branch
Action ID. 199300781
Mr. James M. Floyd
Mount Mitchel Lands and Golf Club
7590 Highway 80 South
Burnsville, North Carolina 28714
Dear Mr. Floyd:
I
l
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of the application, received December 14, 1992, submitted on your
behalf by Mr. Tommy Newman, for Department of the Army authorization to
maintain and enlarge a basin, maintain a canal, construct a dock and place
fill material in a borrow ditch on a manmade canal off Fodrey Creek,
Swansquarter, 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 informed regarding its further management. If there
are no unresolved differences in state-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199300781
and will be coordinated by Mr. Gary Mitchell in our Washington Field Office.
He is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Terry Moore
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
Mr. Tommy Newman
Post Office Box 101
Swansquarter, North Carolina 27885