19950752 Ver 1_COMPLETE FILE_19950802

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
RECEIVED q 575 2
JUL 2 1 1995 ?
ENVIRONMENTAL SCIENCES A4
D D r} A I I? ?.;
E:)EHNFR
?r`ASHNGfi0NeOFFIC

July 19, 1995
11,z P,
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Albemarle Recreation and Leadership Training Center for Disabled Persons
Project Location: SR 1222, Bennett's Creek Mill Pond, Chowan County
Proposed Project: To construct an educational/recreational nature trail facility for
disabled persons at an existing mill pond site. Development
includes trail construction over and adjacent to freshwater wetlands
and public trust waters. The proposed trail includes one 5' x 45'
fishing pier with a 5' x 15' "T", one 5' x 20' canoe dock, and a 12
foot wide emergency-use vehicular bridge across the existing mill
pond spillway. The proposal also includes a 200' x 6' raised
walkway over freshwater wetlands, a 20' x 6' foot bridge over public
trust waters and the associated parking for the facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 9, 1995. If you have any questions regarding the proposed
project, please contact Dennis Hawthorn at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY
Signed
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.
Date b ?'S
1367 U.S, 17 South, Ellzabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DIVISION OF COASTAL MANAGEMENT
s FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Albemarle Recreation and Leadership Training
Center for Disabled Persons
2. LOCATION OF PROJECT SITE: SR 1222, Bennett's Creek Mill Pond, Chowan County
Photo Index - 1989: I 8-8;P-16 1984: NA
State Plane Coordinates - X:2,689,000 Y: 878,000
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 3, 1995
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received - 12-27-94;Rec'd complete 6-9-95
Office -Elizabeth City
6. SITE DESCRIPTION: -
(A) Local Land-Use Plan - Chowan County Land-Use Plan, 1991
Land Classification From LUP - "Community/Rural with Services
(B) AEC(s) Involved: Public Trust Waters
(C) Water Dependent: Both yes and no
(D) Intended Use: Public
(E) Wastewater Treatment: Existing -none; Planned - none
(F) Type of Structures: Existing - Mill pond, spillway and collapsed mill building
Planned - nature trail, 2 piers, 1-6 ft. widefoot bridge and 1-12 ft. wide vehicular bridge
for emergency use and associated parking lot.
(G) Estimated Annual Rate of Erosion: NA
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADING
(A) Vegetated Wetlands
Freshwater wetlands
1200 sf. (0.030A)
(B) Non-Vegetated Wetlands 1140 sf. (0.027A)
Public Trust Waters 300 sf. (0.007A)
Entrapped Public Trust Wtrs entrapped ptw's
(C) Uplands 58,000 sf.(1.331A)
(D) Total Area Disturbed: 60,340 sf. (1.388A) This figure does not include entrapped
public trust waters
(E) Primary Nursery Area: No
(F) Water Classification: CSW Open: NA
8. PROJECT SUMMARY: The applicant proposes to construct an educational/recreational nature trail
facility for disabled persons at an existing mill pond site. Development includes trail construction
over and adjacent to freshwater wetlands and public trust waters. The proposed trail includes one 5
ft. wide by 45 ft. long fishing pier with a 5 ft. by 15 ft. "T", one 5 ft. wide by 20 ft. long canoe
dock, and a 12 ft. wide emergency-use vehicular bridge across the existing mill pond spillway. The
proposal also includes 200 ft. of 6 ft. wide raised walkway over freshwater wetlands, a 20 ft. long by
6 ft. wide foot bridge over public trust waters and the associated parking for the facility.
Y
ALBEMARLE RECREATION AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BENNETT'S MILL POND
BIO REPORT
Page Two
INTRODUCTION
The Albemarle Recreation and Leadership Training Center for Disabled Persons (hereafter referred to
as the Albemarle Recreation Center) is a non-profit organization which provides services and activities for
disabled individuals. The Albemarle Recreation Center currently leases 13 acres on the southern end of
Bennett's Mill Pond. Existing structures include the dam spillway across Rocky Hock Creek, Bennett's
Mill Pond and the remnants of the old mill buildings. One building remains standing. The existing dirt
road access to the site was once a County road, but has long since been abandoned except for use to access
the site from SR 1222.
The Albemarle Recreation Center proposes to use this site as a learning and recreation facility.
Trails would be constructed to be used for hiking and horseback riding. The Albemarle Recreation Center
also wishes to provide canoeing and fishing access.
SITE DESCRIPTION
Records indicate that a grist mill and mill pond were in operation as far back as 1757 on Rocky Hock
Creek. The existing spillway, and mill facilities were constructed early in the 1900's. The spill-way dam
structure is approximately 1,000 ft. northwest of the intersection of SR 1222 and Rocky Hock Creek. It is
estimated that the existing mill pond is over 100 acres. The average depth is 8 ft. at NWL.
Existing structures include the dam spillway across Rocky Hock Creek, Bennett's Mill Pond and the
remnants of the old mill buildings. One building remains standing while debris from the remains of the old
mill are stockpiled within 20 ft. of the NWL. The old mill stone is presently located on the site. The
existing dirt road access to the site was once a County road, but has long since been abandoned except for
use to access the site from SR 1222. The site also has a 12 ft. wide existing ramp structure approximately
15 ft. from the spillway.
The waters of Bennett's Mill Pond and Rocky Hock Creek are classified by the Wildlife Resources
Commission as Inland Waters. These waters are classified by the Division of Environmental Management
as CSW. The waters of Bennett's Mill Pond are considered as public trust waters by the Division of
Coastal Management and part of the Estuarine System Area of Environmental Concern.
Although the forested area around Bennett's Mill Pond is much larger, the site where the applicant
proposes work includes 13 acres of forest and hardwood swamp. Bennett's Mill Pond is surrounded by a
forested wetland over story canopy of Taxodium distichum (bald cypress), Nyssa aquatica (water tupelo)
and Acer rubrum (red maple). Under story species include the woody vine Toxicodendron radicans
(poison ivy) and the woody shrub, Rosa palustris (swamp rose).
ALBEMARLE RECREATION AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BENNETT'S MILL POND
BIO REPORT
Page Three
The adjacent upland area grades off gradually to the pond. An over story of Liquidambar styraciflua
(sweet gum), 'Liriodendron tulipifera (tulip poplar), and Quercus michauxii (chestnut swamp oak) shade the
old mill and spillway area. This area is upland and is a portion of a remnant sand ridge.
PROPOSED WORK
The applicant wishes to construct an educational and recreational nature trail facility for disabled
persons. The development includes a one-half mile trail. The trail facility would include one 5 ft. wide by
45 ft. long fishing pier with a 5 ft. by 15 ft. "T"at the end. The applicant also proposes to provide, at a
different location, a canoe access area. This would be accomplished by constructing a 20 ft. long and 5 ft.
wide canoe dock adjacent to the existing boat ramp structure.
The trail would include approximately 200 ft. of raised walkway, 6 ft. in width, over and adjacent to
freshwater wetlands. Another portion of the proposed trail would use six foot wide walkway foot bridge to
cross over a small finger of the pond's public trust waters. This finger is 20 ft. wide and 2 ft. in depth.
The foot bridge would be elevated 1.0 ft. above the NWL. Approximately 300 sf. of public trust waters
are upstream from this foot bridge location.
The proposed trail will be approximately 3,000 ft in length and 6 ft. in width. This trail would
impact 18,000 sf. of upland area. The trail design is be geared toward disabled persons. In this regard, the
applicant also proposes to provide an emergency vehicular bridge over the existing spillway. This proposed
bridge would span the 60 ft. wide spillway. The vehicular bridge structure would be 12 ft. wide and 80 ft.
long and be elevated 8.0 ft. above the NWL. The proposed structure would rest on the existing spillway
walls and require no additional support piles in public trust waters or fill below the NWL. The bridge
would be used by vehicles for emergencies only. The trail would also lead across this bridge to the main
trail area.
The applicant would also construct a 40,000 sf. parking area adjacent to the canoe launching and
dock area. Parking lot would utilize the existing upland sand present on the site. Since a significant
amount of debris remains from the old mill facility, the proposed work would also include site cleanup of
the general area.
ANTICIPATED IMPACTS
The proposed development is within and adjacent to the Public Trust Waters Area of Environmental
Concern. The proposed project would impact a total of 1.388 A. The proposed raised walkway would
shade 1,200 sf. (0.03 A) of freshwater wetlands. The proposed footbridge, vehicular bridge and pier
structures would impact 1,140 sf. (0.027 A) of public trust waters. The proposed foot bridge structure
would also entrap 300 sf. of public trust waters upstream from its crossing. The trail and parking area
would impact 58,000 sf (1.331A) of upland area adjacent to the mill pond.
ALBEMARLE RECREATIONAL AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BIO REPORT
BENNETT'S MILL POND
Page Four
The vehicular bridge would not directly affect access to public trust waters as it would be constructed
across the existing spillway structure. Because of the existing spillway, small vessels using public trust
waters on the creek or mill pond would require portage to go up stream or down stream, regardless.
The ,proposed fishing pier will not interfere with navigation and as proposed, conforms with the
Conditions of 7H. 1200. The proposed canoe dock would provide mooring facilities for small boats and
canoes accessing the pond. The two piers would be used for different uses and are a significant distance
apart. The shaded area impacted by these structures would be less than 500 sf. and would not interfere with
the navigation of public trust waters.
This proposed. trail facility would provide an opportunity for the disabled to utilize public trust
resources available at Bennnett's Mill Pond.
CAMA REVIEW
No endangered species or Coastal Wetlands are currently known to exist at this proposed project site.
There are no known unique geologic remains at this site. The Division of Archives and History is aware of
this historical mill site but has not conducted an official survey.
This project is located within the Public Trust Waters Area of Environmental Concern of the
Estuarine System in North Carolina. A land-use plan consistency review by Steve Gabriel will follow
under a separate document.
Submitted by Dennis W. Hawthorn
Date : July 12, 1995
ALBEMARLE RECREATION AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BIO REPORT
BENNETT'S MILL POND
Addendum 1
IMPACT MATRIX

Type of Development
Habitat Type of
Description
Area sf. (A)
200 ft. Raised walkway FW S 1200 sf. (0.030A)
20 ft. Footbridge PTW S 120 sf. (0.003A)
Vehicular bridge PTW S 720 sf. (0.017A)
Fishing pier PTW S 225 sf. (0.005A)
Canoe dock PTW S 75 sf. (0.002A)
Nature trail UPL f 18000 sf. (0.413A)
Parking lot UPL f 40000 sf. (0.918A)
ABREVIATIONS AND CODES
sf. square feet
A acre
FW freshwater wetlands/404
PTW public trust waters
UPL upland
S shading
f fill
d dredging
Please type or print. Carefully describe all antici ated
development activities, including construction, exFb' a- - E
tion, filling, paving, land clearing, and stormwatet ?n-
If ou uild a marina, also corn leteand=D
trol. If the requested information is not relevant t ' ? ur -CM-MP-2.'
project, write N/A (not applicable). Items 1-4 and
Q
must be completed for all projects. ...........
• ---""""b.• Is the proposed activity maintenance of an
..:,..,-, ?L
existing project, new work, or both?
New r ...?
1 APPLICANT
c. Will the project be for community, private, or
a. Name Albemarle Recreation and Leader- commercialuse?
ship Training Center for isa e ersongommunity
Address P . o . Box 57
City Edenton, State N • C • ?? d. Describe the planned use of the project.
Environmental Education,
Zip 27932 Dayphone(919) 482-5769 Aquatatic Recreation or
Disabled and Non-Disabled
Landowner or x Authorized agent Persons.
b. Project name (if any) Bennett ' s Mi 11 Pond
Nature Trails
c. If the applicant is not the landowner, also give the
owner's name and address.
The Felburn Foundation
Ellie Schiller
P.O. Box 1149 Robbinsville, NC
28771
4 LAND AND WATER
CHARACTERISTICS

a. Size of entire tract Land-13 acres Water-100
acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 LOCATION OF PROPOSED See enclosed-'exhibit
PROJECT
a. Street address or secondary road number
SR 1222
b. City, town, community, or landmark
c. County Chowan
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Bennett's Mill Pond
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
d. Soil type(s) and texture(s) of tract
See enclosed exhibit
e. Vegetation on tract
See enclosed exhibit
f. Man-made features now on tract enclosed exhibit
g. '.'hat is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
x Conservation Transitional
Developed Community
x Rural Other
h. How is the tract zoned by local government?
N/A
i. How are adjacent waters classified?
Public (Rocky Hock Creek)
a. Describe all development activities you propose (for j -
example, building a home, motel, marina, bulkhead,
or pier).
See enclosed Exhibit
Has a professional archaeological survey been
carried out for the tract? If so, by whom?
In process: NC Historical
Societv
3/91
f l
5 UPLAND DEVELOPMENT ; i
,,IIffi _ J
Complete this section if the project includes any Tan`
development.
a. Type and number of buildings, facilities, or m. Water supply source
structures proposed
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
b. Number of lots or parcels public beach accessways or provide new access.
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
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 been submitted to the Division of Land
Resources?
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.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
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
(NILW) or (NW-L)
Length Width Depth
w4Luw0;
oven ?„Np G Sr-Other (break- P160,
water, pier,
boat ramp,
rock jetty) C,gNoE 2)o
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
2 3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance?
If so, where?
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas? ing items must be submitted:
k. Will the fill material to placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
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?
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
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 11 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 b}' the applicant of
that op n n --' -
3/91
Tame Sherlon Layton
Address Rt. 1 Box 314
Edenton, NC 27932
Name West W. Byrum, Jr.
Address 119 Pembroke Circle
Edenton, NC 27932
Name Thomas Leary
Address Rt . 3 Box 102 A
Edentbn, NC 27932
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and 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. I I3A-1 to 10).
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-
p,oved 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 evaluadng information related
to this permit application and follow-up monitoring of
project.
This is day of ??? °-? 19
X l?u?t
Landowner orer or/authorized a ent
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NOTICE OF FILING OF
...
APPLICATION FOR CAM A. MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that ALBEMARLE
RECREATION AND LEADERSHIP TRAINING CENTER FOR DISABLED PERSONS
of Chowan County, filed an application on June 9, 1995, 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 the applicant proposes to construct an
educational/recreational nature trail facility for disabled persons at an existing mill pond site.
Development includes trail construction over and adjacent to freshwater wetlands and public
trust waters. The proposed trail includes one 5' x 45' fishing pier with a 5' x 15' "T", one
5' x 20' canoe dock, and a 12 foot wide emergency-use vehicular bridge across the existing
mill pond spillway. The proposal also includes a 200' x 6' raised walkway over freshwater
wetlands, a 20' x 6' foot bridge over public trust waters and the associated parking for the
facility.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Dennis Hawthorn, Division of Coastal Management, located at 1367
US 17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before August 21, 1995. 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 make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
August 16, 1995 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
August 11, 1995 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
request.
PUBLISHED ON: THURSDAY, JULY 27, 1995
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
r?
1. APPLICANT'S NAME: Albemarle Recreation and Leadership Training '
Center for Disabled Persons
2. LOCATION OF PROJECT SITE: SR 1222, Bennett's Creek Mill Pond, Chowan County
Photo Index - 1989: I 8-8;P-16 1984: NA
State Plane Coordinates - X:2,689,000 Y: 878,000
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 3, 1995
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received - 12-27-94;Rec'd complete 6-9-95
Office -Elizabeth City
6. SITE DESCRIPTION: .
(A) Local Land-Use Plan - Chowan County Land-Use Plan, 1991
Land Classification From LUP - "Community/Rural with Services
(B) AEC(s) Involved: Public Trust Waters
(C) Water Dependent: Both yes and no
(D) Intended Use: Public
(E) Wastewater Treatment: Existing -none; Planned - none
(F) Type of Structures: Existing - Mill pond, spillway and collapsed mill building
Planned - nature trail, 2 piers, 1-6 ft. widefoot bridge and 1-12 ft. wide vehicular bridge
for emergency use and associated parking lot.
(G) Estimated Annual Rate of Erosion: NA
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADING
(A) Vegetated Wetlands
Freshwater wetlands
1200 sf. (0.030A)
(B) Non-Vegetated Wetlands 1140 sf. (0.027A)
Public Trust Waters 300 sf. (0.007A)
Entrapped Public Trust Wtrs entrapped ptw's
(C) Uplands 58,000 sf.(1
rod 0.1
A/0 ;-,1 I
(D) Total Area Disturbed: 60,340 sf. (1.388A) This figure does not include entrapped
public trust waters
(E) Primary Nursery Area: No
(F) Water Classification: CSW Open: NA
8. PROJECT SUMMARY: The applicant proposes to construct an educational/recreational nature trail
facility for disabled persons at an existing mill pond site. Development includes trail construction
over and adjacent to freshwater wetlands and public trust waters. The proposed trail includes one 5
ft. wide by 45 ft. long fishing pier with a 5 ft. by 15 ft. "T", one 5 ft. wide by 20 ft. long canoe
dock, and a 12 ft. wide emergency-use vehicular bridge across the existing mill pond spillway. The
proposal also includes 200 ft. of 6 ft. wide raised walkway over freshwater wetlands, a 20 ft. long by
6 ft. wide foot bridge over public trust waters and the associated parking for the facility.
ALBEMARLE RECREATION AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BENNETT'S MILL POND
BIO REPORT
Page Two
INTRODUCTION
The Albemarle Recreation and Leadership Training Center for Disabled Persons (hereafter referred to
as the Albemarle Recreation Center) is a non-profit organization which provides services and activities for
disabled individuals. The Albemarle Recreation Center currently leases 13 acres on the southern end of
Bennett's Mill Pond. Existing structures include the dam spillway across Rocky Hock Creek, Bennett's
Mill Pond and the remnants of the old mill buildings. One building remains standing. The existing dirt
road access to the site was once a County road, but has long since been abandoned except for use to access
the site from SR 1222.
The Albemarle Recreation Center proposes to use this site as a learning and recreation facility.
Trails would be constructed to be used for hiking and horseback riding. The Albemarle Recreation Center
also wishes to provide canoeing and fishing access.
SITE DESCRIPTION
Records indicate that a grist mill and mill pond were in operation as far back as 1757 on Rocky Hock
Creek. The existing spillway, and mill facilities were constructed early in the 1900's. The spill-way dam
structure is approximately 1,000 ft. northwest of the intersection of SR 1222 and Rocky Hock Creek. It is
estimated that the existing mill pond is over 100 acres. The average depth is 8 ft. at NWL.
Existing structures include the dam spillway across Rocky Hock Creek, Bennett's Mill Pond and the
remnants of the old mill buildings. One building remains standing while debris from the remains of the old
mill are stockpiled within 20 ft. of the NWL. The old mill stone is presently located on the site. The
existing dirt road access to the site was once a County road, but has long since been abandoned except for
use to access the site from SR 1222. The site also has a 12 ft. wide existing ramp structure approximately
15 ft. from the spillway.
The waters of Bennett's Mill Pond and Rocky Hock Creek are classified by the Wildlife Resources
Commission as Inland Waters. These waters are classified by the Division of Environmental Management
as CSW. The waters of Bennett's Mill Pond are considered as public trust waters by the Division of
Coastal Management and part of the Estuarine System Area of Environmental Concern.
Although the forested area around Bennett's Mill Pond is much larger, the site where the applicant
proposes work includes 13 acres of forest and hardwood swamp. Bennett's Mill Pond is surrounded by a
forested wetland over story canopy of Taxodium distichum (bald cypress), Nyssa aquatica (water tupelo)
and Acer rubrum (red maple). Under story species include the woody vine Toxicodendron radicans
(poison ivy) and the woody shrub, Rosa palustris (swamp rose).
ALBEMARLE RECREATION AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BENNETT'S MILL POND
BIO REPORT
Page Three
The adjacent upland area grades off gradually to the pond. An over story of Liquidambar styraciua
(sweet gum),'Liriodendron tulipifera (tulip poplar), and Quercus michauxii (chestnut swamp oak) shade the
old mill and spillway area. This area is upland and is a portion of a remnant sand ridge.
PROPOSED WORK
The applicant wishes to construct an educational and recreational nature trail facility for disabled
persons. The development includes a one-half mile trail. The trail facility would include one 5 ft. wide by
45 ft. long fishing pier with a 5 ft. by 15 ft. "T"at the end. The applicant also proposes to provide, at a
different location, a canoe access area. This would be accomplished by constructing a 20 ft. long and 5 ft.
wide canoe dock adjacent to the existing boat ramp structure.
The trail would include approximately 200 ft. of raised walkway, 6 ft. in width, over and adjacent to
freshwater wetlands. Another portion of the proposed trail would use six foot wide walkway foot bridge to
cross over a small finger of the pond's public trust waters. This finger is 20 ft. wide and 2 ft. in depth.
The foot bridge would be elevated 1.0 ft. above the NWL. Approximately 300 sf. of public trust waters
are upstream from this foot bridge location.
The proposed trail will be approximately 3,000 ft in length and 6 ft. in width. This trail would
impact 18,000 sf. of upland area. The trail design is be geared toward disabled persons. In this regard, the
applicant also proposes to provide an emergency vehicular bridge over the existing spillway. This proposed
bridge would span the 60 ft. wide spillway. The vehicular bridge structure would be 12 ft. wide and 80 ft.
long and be elevated 8.0 ft. above the NWL. The proposed structure would rest on the existing spillway
walls and require no additional support piles in public trust waters or fill below the NWL. The bridge
would be used by vehicles for emergencies only. The trail would also lead across this bridge to the main
trail area.
The applicant would also construct a 40,000 sf. parking area adjacent to the canoe launching and
dock area. Parking lot would utilize the existing upland sand present on the site. Since a significant
amount of debris remains from the old mill facility, the proposed work would also include site cleanup of
the general area.
ANTICIPATED IMPACTS
The proposed development is within and adjacent to the Public Trust Waters Area of Environmental
Concern. The proposed project would impact a total of 1.388 A. The proposed raised walkway would
shade 1,200 sf. (0.03 A) of freshwater wetlands. The proposed footbridge, vehicular bridge and pier
structures would impact 1,140 sf. (0.027 A) of public trust waters. The proposed foot bridge structure
would also entrap 300 sf. of public trust waters upstream from its crossing. The trail and parking area
would impact 58,000 sf (1.331A) of upland area adjacent to the mill pond.
ALBEMARLE RECREATIONAL AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BIO REPORT
BENNETT'S MILL POND
Page Four
The vehicular bridge would not directly affect access to public trust waters as it would be constructed
across the existing spillway structure. Because of the existing spillway, small vessels using public trust
waters on the creek or mill pond would require portage to go up stream or down stream, regardless.
The,proposed fishing pier will not interfere with navigation and as proposed, conforms with the
Conditions of 7H. 1200. The proposed canoe dock would provide mooring facilities for small boats and
canoes accessing the pond. The two piers would be used for different uses and are a significant distance
apart. The shaded area impacted by these structures would be less than 500 sf. and would not interfere with
the navigation of public trust waters.
This proposed. trail facility would provide an opportunity for the disabled to utilize public trust
resources available at Bennnett's Mill Pond.
CAMA REVIEW
No endangered species or Coastal Wetlands are currently known to exist at this proposed project site.
There are no known unique geologic remains at this site. The Division of Archives and History is aware of
this historical mill site but has not conducted an official survey.
This project is located within the Public Trust Waters Area of Environmental Concern of the
Estuarine System in North Carolina. A land-use plan consistency review by Steve Gabriel will follow
under a separate document.
Submitted by Dennis W. Hawthorn
Date : July 12, 1995
ALB04ARLE RECREATION AND LEADERSHIP
TRAINING CENTER FOR DISABLED PERSONS
BIO REPORT
BENNETT'S NULL POND
Addendum 1
EMPACT MATYtIEK

Type of Development
Habitat Type of
Description
Area sf. (A)
200 ft. Raised walkway FW S 1200 sf. (0.030A)
20 ft. Footbridge PTW S 120 sf. (0.003A)
Vehicular bridge PTW S 720 sf. (0.017A)
Fishing pier PTW S 225 sf. (0.005A)
Canoe dock PTW S 75 sf. (0.002A)
Nature trail * UPL f 18000 sf. (0.413A)
Parking lot It UPL f 40000 sf. (0.918A)
4v be c (zurej only.
ABREVIATIONS AND CODES
sf. square feet
A acre
FW freshwater wetlands/404
PTW public trust waters
UPL upland
S shading
f fill
d. dredging
N0 T. I I
Please type or print. Carefully describe all antici ited .!
development activities, including construction, expa a- _
tion, filling, paving, land clearing, and stormwaten- if,
i If `ou,plar?l build a marina, also com lete and"-3
trol. If the requested information is not relevant t ' ur _ ?hkt CM-MP-2.
Old project, write N/A (not applicable). Items 1-4 and ----------
must be completed for all projects. -----------
• - ""b.• Is the proposed activity maintenance of an
existing project, new work, or both?
New y
APPLICANT '
c. Will the project be for community, private, or
Name Albemarle Recreation and Leader- commercial use?
ship Training Center for 1sa e ersongommunity
Address P.o, Box 57
Edenton,
City State N • C • ??"? d. Describe the planned use of the project.
,2- tp-j--5 Environmental Education,
Zip 27932 Dayphone(919) 482-5769 Aquatatic Recreation or -
1
a
Landowner or x Authorized agent
b. Project name (if any) Bennett ' s Mill Pond
Nature Trails
c. If the applicant is not the landowner, also give the
owner's name and address.
The Felburn Foundation
Ellie Schiller
P.O. Box 1149 Robbinsville, NC
28771
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR 1222
b. City, town, community, or landmark
c. County Chowan
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Bennett's Mill Pond
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Disabled and Non-Disabled
Persons.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Land-13 acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
See enclosed exhibit
d. Soil type(s) and texture(s) of tract
See enclosed exhibit
e. Vegetation on tract
See enclosed exhibit

Water-100
acres
f. Man-made features now on tract enclosed exhibit
g. N','hat is the CA'.1A Land Use Plan Classic;cation of
the site? (Consult the local land use plan.)
x Conservation Transitional
Developed Community
x Rural Other
h. How is the tract zoned by local govemment?
N/A
i. How are adjacent waters classified?
Public (Rocky Hock Creek)
a. Describe all development activities you propose (for j
example, building a home, motel, marina, bulkhead,
or pier).
See enclosed Exhibit
Has a professional archaeological survey been
carried out for the tract? If so, by whom?
In process: NC Historical
Society
3/91
,
5 UPLAND DEVELOPMENT
Complete this section if the project includes any Han
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
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 been submitted to the Division of Land
Resources?
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
0
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
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.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(:,,1LW) or (.';NVL)
w44uwrt?
pveR P,"p c u-
Other (break-
water, pier,
boat ramp,
rock jetty) e6tlve 2)-
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
2 3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How Nx,ill excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion durina preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
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 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 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 op n
3/91
Dame Sherlon Layton
Address Rt. 1 Box 314
E enton, NC 27932
Name West W. Byrum, Jr.
Address 119 Pembroke Circle
Edenton, NC 27932
Name
Address
Thomas Leary
Rt. 3 Box 102 A
Edentbn, NC 27932
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
23
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 (IN.C.G.S. 113A-1 to 10).
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-
p.oved 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
X Cl Gu ?'
Landowner or as?erlt
--------------------------
4 3/91
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