20051663 Ver 1_Complete File_20050901

Michael F, Easley, Governor

William G, Ross Jr" Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P,E, Director
Division of Water Quality

September 19,2005

DWQ Project # 05-1663
Pasquotank County

J. Selby Scott
919 Selby Road
Elizabeth City
NC 27909

Subject Property:

Nixonton Plug Removal
Little River [030152, 3-50-(2), SC]

Approval of 401 Water Quality Certification (GC3400) with Additional Conditions

Dear Mr. Seott:

You have our approval, in accordance with the attached conditions, to dredge 0.0253 acres of waters in
conjunction with removal of an earthen plug as described in your application received by the Division of
Water Quality (DWQ) 401 Oversight/Express Review Pennitting Unit on September 1, 2005. After
reviewing your applieation, we have detennined that the Division of Water Quality (DWQ) General
Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to
General Pennit No. 198000291 when issued by the US Army Corps of Enginecrs (USACE). In addition,
you should get or otherwise comply with any other federal, state and local requiremcnts bcforc you go
ahead with your project including (but not limited to) erosion and sediment control regulations and
CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you deseribed in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certifieation and approval letter and is thereby responsible for
complying with all conditions. If total fills for this projeet (now or in the future) exceed one acre of
wetland or 150 linear fect of stream, compensatory mitigation may be requircd as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow thc conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impaets are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Pennit) are met. No other impacts are
approved including incidental impacts:

Public Trust Area Estuarine Waters

Plan Location or Reference
Form DCM-MPl

NJ,'i1hCarolina
lyalufIllll/

40 I Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enr.state.nc.uslncwctlands

An Equal Opportunity/Affirmative Action Employer- 50% Recyclcd/IO% Post Consumer Paper

J. Selby Scott
Page 2 of2
September 19,2005

2. Certificate of Completion

Upon completion of all work approved within the 40 1 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 OversightJExpress Review Pennitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

3. Water Quality Certification

The proposed project must eomply with all of the eonditions of General Water Quality
Certification (GC) 3400.

Violations of any condition herein set forth may result in revocation of this Certifieation and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your applieation and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Pennit.

If you do not aecept any of the conditions ofthis Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter lS0B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C, 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Offj.ce in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.

AWKJijm

Sincerely,

r~_ y; ~~
r ~~~~e~;.;'~ d

Enclosures:

GC 3490
Certification of Completion

cc: Chris Bliske Sr., 410 Lane Drive, Elizabeth City, NC 27909
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files

Filename: 051663 NixontonPlugRcmovaUShelbyScott(Pasquotank)40 1_ CAMA

.

~~ 20051663

NCDENR

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F, Easley, Governor Charles S. Jones, Director William G, Ross Jr., Secretary

August 29, 2005

MEMORANDUM:

TO:

Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality

~[g@~D\Yl~ lID

SEP 1 2005

FROM:

Doug Huggett
Major Permits Processing Coordinator

DENR. WATER QUALITY
WETlNjDSAND STORM'rVATER BRANCH

SUBJECT: CAMA/DREDGE & FILL Permit Application Review

Applicant: J. Selby Scott (Nixon ton Plug Removal)

Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.

Proposed Project: Removal of partial earthen plug and maintenance dredging

Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commercc Avcnue, Morehead City, NC 28557.. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are 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 a ency objects to the project for reasons described in the attached

DATE V ~ ~I C)cS

1367 U,S, 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight

1

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

(

1. APPLICANT'S NAME: J. Selby Scott (Nixonton Plug Removal)

2. LOCATION OF PROJECT SITE: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank
County, adjacent to manmade canal to Little River.
Photo Index - 2000: 163-1721 (G-14); 1995: 163-1678 (C-12) 1989: 122-13 (D-9)
1984: 118-830 (R-8) 1979: 130-1303 (0-10)
State Plane Coordinates - X: 2,806,731 Y: 899,187 GPS - B080313A

3. INVESTIGATION TYPE: CAMA, D&F

4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 08/03/2005
Was Applicant Present - Yes, authorized agent, Chris Blake

5. PROCESSING PROCEDURE: Application Received Complete - 08/22/2005
Office - Elizabeth City

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pasquotank County
Land Classification From LUP - Conservation and Limited Transitional
(B) AEC(s) Involved - PT A, EW, and ES
(C) Water Dependent - Yes
(D) Intended Use - Public
(E) Wastewater Treatment: Existing - County
Planned - N 1 A
(F) Type of Structures: Existing - Canal is partially stabilized with wooden bulkheads,
rock riprap, shores ide docks, a flag pole, finger piers,
boathouse with lift, and a boat ramp.
Planned - Removal of partial earthen plug and maintenance dredging.
(G) Estimated Annual Rate of Erosion - 0.5 feetlyear
Source - Applicant

DREDGED

[AREA]
FILLED

7. HABITAT DESCRIPTION:

(A) Public Trust Area, Estuarine Waters 1,104 sq. ft.
(B) Uplands in Estuarine Shoreline AEC 280 sq. ft. 900 sq. ft.

(D) Total Area Disturbed - 2,284 sq. ft. (0.052 acres)
(E) Primary Nursery Area - No
(F) Water Classification - SC Open - No

J. Selby Scott (Nixonton Plug Removal)
Field Investigation Report
Page 2

~

8. PROJECT SUMMARY: The applicant proposes to excavate approximately 92.5 cubic yards from a
manmade canal to Little River, which includes removal of a partial earthen plug and its surrounding
waters on his property located in Nixonton Terrace off Lane Dr., Nixonton Conununity, Pasquotank
County.

PROJECT SETTING

The property is an approximate 2-acre manmade canal, in which the applicant owns the canal bottom
and approximately 4,500 sq. ft. of adjoining land that connects to Little River and terminates to a small
pond located off Lane Dr. (SR 1210), Nixonton Terrace Conununity, in Pasquotank County. The partial
earthen plug in the canal has an elevation of approximately 1 ft. above normal water level (NWL) and has
Roanoke silt loam soils. Vegetation on the earthen plug consists of indigenous weeds and grasses, while
the two other small tracts of land adjacent to the canal, away from the plug, and owned by the applicant
has lawn grasses, weeds, and a few native shrubs. These two small pieces of land are a strand plain
beach up to the road at the pond end of the canal and another piece in between the Blake's property and
NCDOT's cul-de-sac. The Blake's own the property adjacent to and west of the plug having indigenous
grasses, trees, and garden plants, while Mr. Godfrey owns the densely wooded 404 wetlands with
cypress, pine, and red maple trees adjacent to and east of the plug. The development site is located on the
eastern shoreline of Little Riyer, south of Halls Creek and Nixonton and across the river from Deep ,
Creek. The width of the manmade canal at the point where the eroded plug is located in the wetlands is
approximately 30 feet. Existing structures in the canal include wood bulkheads and a boat ramp on both
sides of the plug, riprap and shores ide docks upstream from the plug, and finger piers and a boathouse
with a lift below the plug.

During the month of July, 2005, Dan and Faye Webb, who own a corner lot adjacent to the canal,
complained about the earthen plug being open and boats coming up into the canal. They wanted the plug
to be repaired for privacy. I determined Hurricane Isabel damaged the plug as well as other high-energy
storms, thus could not enforce repair of the plug. On July 12, Raleigh Bland, with the Army Corps of
Engineers, and Ted Sampson, with Division of Coastal Management, met onsite with members of the
conununity and determined that neither agency could enforce repair of the plug due to its damage from
natural forces of nature. Previously, Selby Scott Major Permit No. 9-82 and a 1971 Dredge and Fill
Permit No. 362 authorized the existing canal to be excavated with the construction of two earthen plugs,
one currently in good condition, and the other being the earthen plug currently proposed for removal.
There was considerable discussion among State and Federal Agencies regarding Major Permit No. 9-82
and the effects on water quality of connecting the already dug inland basins with Little River. A review
of the file indicates that, "As a part of this project and to alleviate possible water quality problems,
applicant proposes to construct earthen plugs adjacent the proposed basin blocking off existing canals
from navigation and water inflow from the Little River." However, when Major Permit No. 9-82 was
issued, the only reference to these plugs was in the first condition that they needed to be maintained until
24 hours after the farther inland excavation was completed. For some reason, Mr. Scott never removed
these plugs, despite having a CAMA Permit that would appear to have allowed their removal. In 1985,
Mr. Scott sought a modification to the original Permit to move the current plug farther inland at the
bottleneck point where it opens to the pond area. This permit modification request was denied by DCM

( J. Selby Scott (Nixonton Plug Removal)
Field Investigation Report
Page 3

citing Water Quality concerns. Our records also show that in November of 1985 the NC Division of
Environmental Management denied a request from Mr. Scott for a 401 Water Quality Certification
pertaining to this modification. In August, 2005, the Blake's indicated the water would rise and fall at the
same rate on both sides of the plug when it was in good condition. Field investigation of the hardwood
swamp on the east side of the plug indicated water exchange from both sides of the plug has most likely
been occurring through the swamp during high wind tides and storm surges and when the plug was in
good condition.

In 1989, Mr. Scott received a Notice of Violation from DCM for removal of the plug. Mr. Scott
denied that he had ta.ken any such action. The adjoining property owner, Mr. Blake, sent DCM a letter
explaining that Mr. Scott had nothing to do with the removal of the plug, that it had been the result of
severe weather after nutria had undermined the plug. Mr. Blake offered to rebuild the plug and to
maintain it in the future, and in fact filled the plug back in. Mr. Scott requested, under the Freedom of
Information Act, any evidence held by DCM that Mr. Scott had removed the plug. DCM responded that
they had no such evidence. The Notice of Violation file against Mr. Scott was closed, and no penalty was
assessed.

Adjacent property consists of several single-family dwellings along the canal with 404 wetlands
adjacent to most of the southern and eastern side of the canal. The 404 wetlands have experienced
considerable erosion from storm surge across from the Blake property at the bend in the canal to the north
and adjacent to the plug. The manmade canal has an irregular shoreline that is approximately 3,000 linear
feet.

The water depth of Little River is 7-ft and becomes shallower (3-5-ft.) near shore. The water depth of
the manmade canal is 5.5 to 6-ft from the mouth of the canal up to the bend to the north. The water depth
is 3.5-ft adjacent to eastern side of Blake's property, except immediately surrounding the partial earthen
plug, where water depth is 0.6-2-ft. The deepest pocket of the canal is at the southeast corner of the
Webb's property, in which water depth is ll-ft., 3-inches for approximately 300 square feet. The pond
portion of the manmade canal has water depths from 2.5-ft near shore to 5.5 to 7.5-ft. near the middle.
There was no observed presence of submerged aquatic vegetation or shellfish in the vicinity of the earthen
plug on August 3, 2005. Reviews of available information suggest that there are no known archeological
sites or geologic formations associated with the applicant's property. The waters of Little River in this
area are classified as SC by the Division of Environmental Management and are closed to shellfish
harvesting.

PROJECT DESCRIPTION

In order provide ease of navigation through the manmade canal, the applicant proposes to remove the
existing partial earthen plug and maintenance dredge immediately surrounding the plug. The entire
dredge area will be 23-ft. long by 48-ft. wide to a depth of 3.5-ft. The partial earthen plug is located
within this 1,104 sq. ft. area. The plug is triangular in shape with a 28-ft. wide base that extends 12-ft.
into the 30-ft. wide canal from the Blake's bulkhead. The earthen plug averages I-ft. above NWL. Total
excavation of the earthen plug and surrounding waters will remove approximately 92.5 cubic yards of
upland and bottom material.

J. Selby Scott (Nixonton Plug Removal)
Field Investigation Report
Page 4

).

The existing depth immediately surrounding the plug is 1.5-ft on average. The average depth of
connecting waters in the manmade canal is 5.5 to 6-ft, with the exception of a deep pocket adjacent to the
northeast corner of the Webb's property, which is ll-ft., 3-inches deep for approximately 30 feet. The
manmade canal connects to Little River, which reaches a depth of 7 feet, after encountering a shallower
area of approximately 3 feet deep.

ANTICIPATED IMPACTS

The proposed excavation will result in the dredging of approximately 1,104 sq. ft. (82 cubic yards) of
Public Trust Area (PTA), Estuarine Waters (EW), and 280 sq. ft. (10.4 cubic yards) of PTA, Estuarine
Shoreline (ES) Area of Environmental Concern (AEC). Therefore, an approximate total of 92.5 cubic
yards will be removed from the canal in order to remove the partial earthen plug and bring the
surrounding waters to 3.5 ft deep. The dredge spoil will be placed on the Blake property outside the 30-
ft. AEC in a 900 sq. ft. area.

No wetlands will be disturbed from the dredging activity. Temporary water turbidity will occur
during excavation. If dredging occurs between February 15 and September 30 in any given year, a
siltation curtain will be placed across the canal south of the dredging and held in place for 72 hrs. post
excavation to prevent turbidity in Little River.

Submitted by:
Date:

Kimberly A. Hedrick
08/25/2005

..

1. Selby Scott Major Permit Application
Photo of partial earthen plug taken on August 3, 2005 by Kim Hedrick
Located adjacent to Chris and Cede Blake property at 410 Lane Dr. (SR 1210) in
manmade canal to Little River.

Form DCM-MP-l

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AJPJPlLJICA 1LJIO~t~~q~@@_,
SEP ,J" c"lDOS;; ,,-
__" 't

.

(To be completed by all applicants)

1. APPLICANT

a. LandO~. $
::,:, c;{~~ /Jr-

City .. . State A
336" (,If a9

Zip

Fax

b. Authorized Agent:

'I , "'J
,', j. -:'J /~ //
Name I l./trl.J.. ) )~:.

g,

Address L//o L ~A/~ 1.>.( .

City U.~ A b~d <!,.'f7 State /v c...

Zip .~ 7 9119 Day Phone ;1.S:)...- ;16 '1- ;l.1z.9 0 '

Fax /'):1- - .;/t;' l(' - cJ d c; 2-

c. Project name (if any) A//v:;},.Ih,# /J/UJ

NOTE: Penrrit will be iss~d in name of~r(s), and/or
project name.

2. LOCATION OF PROPOSED
PROJECT

a. County I ~5l1 cO -/4,,) "

, \ "__' ow'
DENR - WATER QUALITY
WEllANDS AND STOR.'.M'ATER BRANCH
b. City~ town, comm~or landmar):,
d/})o".u/d_ (c./.u~ ~M.b~"~

c. Street address or secondary road number)
tlV"'t/,,! 7b 1..// tJ L41\J;:' D It. (5~ \;)..1 (L

d. Is proposed work within city limits or plinning
jurisdiction? Yes...-" No

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) /J1~ diAd.&. f1A~.41 ~
L;'<</~ tt:vJ:."-

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
P~~/t:)U..{~~AUr2fi.,,~ PI- Mrl,7:...JA
I,~~ f1/~" tJ~ 1AJ"~/'9,c~L..
o ~ r,q../ I'

b. Is the proposed activity maintehance of an existing
project, new work, or both? AIM luAL!~

c. Will the project be for public, private or commercial
use? 1Je..../J /,.~
I

d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, pleaSe attach
additional pages. ,# it Ii Mdl~rI

Form DCl\I-MP-l

4. LAND AND WATER
C~CTER1STICS

a. Size of entire tract ~ _~~() .

.~T.

~I;"
. - ~ . <II

b. Size of individuall.ot(s) ,

..vA-

c. Approximate elevation of tract above MHW 'or
NWL L t"2 ...., rI .... ~S' I rea ;2 ./"-;-a..blo,' (-" .IV u~

d. Soil type(s) and texture(s) of tract
SriL",d. f. e la. .../
I
e. Vegetation on tract ~tt.~ a.v..s ~'.f Weeds
_S'.tn.a..IL "/;d,z'/(::$_ _..:.... _ _.'. -.. . _

f. M~?1ade featur~ now'on tract .E.la..~_l1Li:. .
_17~c.Y: /'(.J::'..7J.....p..,. LIf,{~;j,_ _"

g" What is the CAMA Land Use Plan land
classification of the site? (Consull the I"ca1 /and use plan.)

V Conservation
- .
_ Developed
_ Rural

~ Transitional
_ Community
_ Other

h. How is the tract zoned by local government?
.i&$l~hv'7:. A-I

i. Is the propos~oject consistent with the applicable
zoning? _ Yes ....:...- No
(Attach zo,ung corrpliant:e certijicaJe, if applicable)

j. Has a professional arcbaeological assessment been
done for the tract? _ Yes ~ No
If yes, by whom?

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or ejjgible property?
_Yes ~No

1. Are there wetlands on the site? _ Yes /No
.Coastal (marsh) Other
If yes, bas a delineation been conducted?
(Atrach ~cumrntaJiOfl, if available)

..

m. Describe existing wastewater treatment facilities.
~u ~-rt.r /....J A 7i.L.

n. Describe location and type of discharges to waters
of the state. (For exampl.e, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
5~~4CA fi!.UiV" Ai-

o. Describe e;dsting dri~ng water supply source.
. t!'dU...v7"y .,~Ft~

S. ADDITIONAL INFORMATION

In addition to the completed application form. the
following items must be submitted:

o A copy or the deed (with state appliC3tion only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is DOt
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.

o An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Ct'mmission 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 an
adequate number of 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

Name 1 certify that I am authorized to grant and do in fact
Address l\,I~ gr~t permis~ion to representatives of'state and federJ .
Phone ~ :It,~-LfD)\ ~ I review agencies to enter on the aforementioned lands in
N=. ~ ?t: id ~ conn:aioo l'7'ith. evaluating information related to this
=: 4.J.ru r:t7 (..~ ;, (,p preo~;. app l;allon and follow-up monitoring of the
::~~~s ~( ,_ - :;:-~~:\ :~./~ ~-- ~ ~ ~'^'~

Name ..'PtJICt, D;;JtJd.4,f'
Add,es, ~5 /../J~i" ~}~ j l" !d ?k
Phone ~ ~_5",~) -_;( ~ l/ __5_ ~
S'fis(/Jc-J ~. ,'no"'" .,
" A list or previous state or red era I permits issued for
work on the project tract. Include permit numbers,
permittee. and issuing dates.
H ~ 61" <32-
)
1911 \~){edje 2, ~,\\ f'~t(Y'; \- -t!3!v

o A check ror~made payable to the Department of )1
Environment, Health, and NatUral Resources
(DEHNR) to cover the costs of processing the
application.
I
o A signed AEC hlWlrd notice for projectS in i
oceanfront and inlet areas. \

(
-:::;/

4 Form DCM-MP-l

site. Include highway or secondary road (SR)
numbers, landmarks, and the like.

I) A Starmwater Certification, if one is necessary.

I) A list of the names and complete addresses or the
adjacent waterfront (riparian) landownes:-s and
signed return receipts as proof that such ownCt'S
have recdved a copy of the application and plats
by urlified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management" Upon signing this form, the applicant
further certifies that sue notice has been provided.
~

"A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

Revistd 03J~

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6. CERTIFICA nON AND PERMISSION
TO ENTER ON LAND

I understand that 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 i'1 the permit.

I certify that to the best of my knowledge, the proPosed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
condu:ted in a manner consistent with such program.

I further certify that the information provided in this
application is truthful to the best of my knowledge.

This is the il day of (tff?, ,-ro-~
Print Name CA y/ Y R Jr.- J( e. S.,?
.

Signature (1~/.., .8.d.~- -5~"
l..aNJal'o'Mr or Awhorized Agmt

PI~e indicate attachments pertaining to your proposed
proJect.

L DCM MP-2 Excavation and Fill Information
_ DCM MP.3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-S Bridges and Culverts
_ DCM MP-6 Marina Developmeot

NOTE: Please sign and date each aJtachmenJ in the
space provided at the bottom of each form.

C~e.~ ':: ~l G J~ 1? IA'Cf.. Sf.

t../ I 0 LA ~ \) /.. .
G-t:-z.-~ h~ G;~f eve.... :J. 7 90 I
C o.l. ')-2.) ~ (p 1./- '2]. 90

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MP-1 (d.)

August 3, 2005

The purpose is to fully open access to northern portion of
manmade canal that is already half open from destruction
of eastern portion plug by natural forces from hurricanes/
storms.

An excavator will be used to remove the earthen plug. The
dredge spoil will be placed upland on Chris Blake's property.
If dredging takes place during the moratorium, a siltation
curtain will be placed directly south of dredge site prior to
any excavation and held in place for 72 hrs. past excavation.

Form DCM-MP-2

EXCAVATION
AND .FILL

(Exupt bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.

Describe below the purpose of proposed excavation or
fill activities. All values to be given In reet.

Artn;e n:w
Exb~ Project
Ltn&th WldUl Depth DepUl
Access
channel
(MLW) or (NWL)
Canal
~3 LIt /" .- .5.)'
)
Boat
basin

Boat
ramp

Rock
groin

Rock
breakwater

Other
(ExcludinS
shoreline
&tAb ilizA1ion)

Revlsd 03195

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~ . . , ... .

1. EXCAVATION

a. Amount of material to be excavatedJrQm below
MHW or NWL in cubic yards ~ z.....

b. Type of material to be excavated <;;;; /IJ cf

c. Docs the area to be excavated include coastal
wetlands (marsh), submerged aquatic veg~ion
(SAVs) or other wetlands? _ Yes ..t::::::No

d. Highground excavation in cubic yards ,1,<)" y

2. DISPOSAL OF EXCAVATED
MATERIAL

a. Location of disposal area AIJ.Y/~cIJ .1 E F
fl..t:J.;J ,>J1~-rP~~-

.

b. Di~vY;r of disposal area - ---

I
C" J?o you claim title toAlisposal area?
_Yes ~No
If no, attach a letter granting permission from th~
owner"

d. Will a disposal :u-ea be available for future
maintenance? i/ Yes ' No
If yes. where? O~A ~ ~-:;:n.i ,<' I r
I

3...... .~~..._
,

Form DCM-MP-2

e. Does the disposal area include any coastal wetlands
(marsh), SA Vs or otIler wetlands?
_Yes ~No

f. Does the disposal incl-~ any area in the water?
_ Yes LN~

3. SHORELINE STABn.IZATlO@

3. Type of shoreline stabilization
Bulkhead Riprap

b. Length

c. Average distance waterward of MHW or NWL

d. Maximum distance waterward of MHW or NWL

e. Shoreline erosion during preceding 12 months

(SoIl.T~e of information)

f. Type of bulkhead or rip rap material

g. Amount of fill in cubic yards ~ be placed below
water level
(1) Riprap
(2) Bulkhead backfill

h. Type of fill material

i. Source of fill material

4. OTHER mL ACTIVlTIES ~
(Excluding Shoreline Stabilization) ~.'

a. Will fill material be brought to site?
Yes _No

Revised 03/95

If yes.
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area

(3) Purpose of fill

b. Will fin material be placed in coastal wetlands
(marsh), SA Vs or other wetlands?
_Yes _No
If yes.
(1) Dimensions of fill area

(2) Purpose of fill

5. GENERAL

a. How will excavated or fill
and erosion controlled?
A

b. What type of constrUction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? ~ _
I- v' OAuA-lo t-

c. Will wetlands be crjssed in transpotti6g equipment
to project site? _ Yes ~ No
If yes. explain steps that will be taken to lessen
environmental impacts.

r;/,.y;' ,,' iJlr~ ffe .s1?
Ap~ or Project Name
rAA~'.v Q4-~.
Slpature
~ /;/ / 2o('),~-
Dale

MAJOR PERMIT FEE MATRIX

Applicant: Selbv Scott

Selection Development Type Fee DCM% DWQ%
(14300160143510009316256253) (24300 1602 435100095 2341)
I. Private, non-commercial
D development that does not $250 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
-
II. Public or commercial
D development that does not $400 100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
8, C, or 0 below applies:
III(A). For Private non-
D commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
111(8). For public or
D commercial development, if $400 100% ($400) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(C). If General Water ,
,
[g] Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) could
be applied, but OCM staff
determined that additional
review and written OWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
111(0). If General Water
D Quality Certification No, $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be applied:
IV. For development that
D involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

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_,Z__ M,:jor Dl:Vc!(JJ-:n2clll i~l a11 A:~ 'GrEllv~r~l~l~~';l Cmccrn
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~ Excavation anel/or filling pursm~~~~~~~C$r 13-229

f.
* Isslled to .T. Selby ScoU, 919 {1cll2J Road, Elizabetl~_City, N:.~~;rJ909__
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Authorizing development in Pasguotank County at mm canal off Little River, adj. to 410 Land Dr.,
in the community of Nixonton Terrace, as reqllested in thc pcrmittee's application datcd 8f] 1/05. including thL-

attached workplan drawings (3), dated 8111/05

This permit, issued on December 21, 2005 , 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

Excavation

1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between February 15 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.

2) Excavation shall not cxceed -3.5 feet below the normal water level.

3) The temporary placement or double handling of excavated materials within waters or vegetated
wetlands is not authorized.

(See attached sheet for Additional Conditions)

\
Signed by the authority of the Secretary of DENR and the
Chainnan of the Coastal Resources Commission.

This permit action may be appealed by the pennittee 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 pennit 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 Division approval.

cP-7~ V !!.r~. Drrecto,

ivision of Coastal Management

All work must cease when the pennit expires on This permit and its conditions are hereby accepted, ~

~
:ei::~n:e:i:l;c::~thC St." of North Cawl;na agrees I

that your project is consistent with the North Carolina Coastal f
Management Program. Signature of Permittee ,(
'L 6
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* J. Selby Scott Permit #188.05 ~
f Page 2 of 2 ~
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ADDITIONAL CONDITIONS

'1 )

No excavated material shalJ be placed nt (illY time in any vegetated \i!cllancls or SUIT imcJing waters.

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All excavated materials shall be confined above normal water level (Jud landward of regularly or ~
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irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of ~
solids into any marsh or surrounding waters. }.
i
):
*

No eXCilVatioll shall take p];:cc o\lt~:idc of Ow area indicated on the. altarhcd workpLm drawings.

~iI!oi! D ispos:l!

No spoil material shall be placed within 30 feet of the normal water level.

The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of the authorized excavation activities.

The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion I'
within 30 working days of project completion.
,
x
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NOTE:

This permit docs not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NOTE:

Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.

NOTE:

The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 051663), which was issued on 9/19/05.

NOTE:

The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. 200511907), which was issued on 9/22/05.

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