19950193 Ver 1_COMPLETE FILE_19950222

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
9 February 1995
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
X15193
4 0o
ID FE F=1
WASHIN
GTON OFFICE
RECE
FEB 0 9 1995

REDEED
FEB 2 A 1995,
EINIRON EN ALHCIENCES
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Mayo Boddie, Jr.
Project Location: Off SR 1328 adjacent Silver Lake off Pamlico Sound
Ocracoke Island, Hyde County, North Carolina
Proposed Project: The.applicant is proposing to excavate ±500.cu.._yd. around an existing
pier to provide access to four (4) existing boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 2 March 1995. If you have any questions regarding the proposed project, please
contact Jeff Schaffer at 946-6481. When, appropriate, in-depth comments with supporting data
is requested.
REPLY y 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 (ItAA Date
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
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To: John Dorney'
Planning Branch ?n,?
Lw,
• DIVISION OF ENVIRONMENTAL MANAGEMENT ?..? -?-
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # WQ SUPERVISOR: TH
REVIEWER: SAWYER DATE: ?'gs-WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 9 PERMIT NO.: COUNTY:
PROJECT NAME :1
PROJECT TYPE. a PERMIT TYPE: J OE
COE #: DOT h
RCD FROM CDA: DCM DATE FROM CDA:
REG OFFICE: WaRO RIVER ,SUB BASIN
STREAM ? ADJACENT WATER BODY: ,?,;v?+••?
CLASS: C! STREAM INDEX
OPEN OR kgiD.'
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: -RATING SHEET ATTACHED?
RECOMMENDATION: (1 ISSUE/COND DENY HOLD
AREA TO BE DREDGED: O
IS DREDGING ACTI ITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
O?J IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? ?
MARINA ? y'?O/
ARE THE FOLLOWING ADEQUATELY ADDRESSED? l1?*
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
a./Sj"/v S?
#: ,6R o 7
#: as-g6
J
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: p - WETLAND: _ p
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
STORMWATER PLAN REQ'D:? IF YES, DATE APPROVED:
PROJE T DESCRIPTION:
WATER QUALITY CERT. (401)
CERT. REQ'D:
IF YES, TYPE :
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
DIVISION OF ENV ONM TA?T,.,MANAGEMENT
MEMORANDUM
• TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
r. .
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WARO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project: J o
Project No.: l S O $ /
Date Received:
tin. (
Date Comment:
Description of Project:
Comments:
I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5W
P.O. BOX 1890 e!
r
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
February 22, 1995
Regulatory Branch
Action ID No. 199501676
RECEIVED
Mr. John Dorney
Division of Environmental Management FEB North Carolina Department of Environment, 4 1995
Health, and Natural Resources
4401 Reedy Creek Road ENVIRONMENTAL SCIENCES
Raleigh, North Carolina 27607 RRANCH
Dear Mr. Dorney:
Enclosed is the application of Mr. Mayo Boddie, Jr., for Department of
the Army authorization and a State Water Quality Certification to undertake
excavation activities below the normal water level of Silver Lake, located off
SR 1328, Ocracoke Island, 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 March 22, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wr1
Chie Regula ry Branch
Enclosure
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, District Manager
Division of Coastal Management
North Carolina Department of
Environment,
Health, and Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Printed on 0 Recycled Paper
(q U L Lo &'o
DIVISION OF COASTAL MANAGEMENT I ECIELI EU
FIELD EWESTIGATION REPORT TED 1,'} 1573
1. APPLICANT'S NAME: Mayo Boddie, Jr. REGULATORY RP?Nrrl
2. LOCATION OF PROJECT SITE: Hyde County off SR 1328 on Ocracoke Island adjacent Silver
Lake off Pamlico Sound.
Photo Index = 1989: 197-1; 13U 1984: 148-369; 14Q, 14R, 13R
State Plane Coordinates - X: 2,900,800 Y: 508,800
Ocracoke Quad (Upper Left Comer)
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/19/94; 02/07/95
Was Applicant Present - Yes; No
5. PROCESSING PROCEDURE: Application Received, 02/06/95
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County/Ocracoke
Land Classification From LUP - Conservation - Water, Wetlands; Developed - Land
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - NA
Planned - NA
(F) Type of Structures: Existing - NA
Planned - NA
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands ±5,200 ft2
(Sound Bottom)
(C) Other ±4,500 ft2
(High Ground)
(D) Total Area Disturbed: ±0.22 acre
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to excavate ±500 cu. yd. around an existing pier to
provide access to four (4) existing boat slips.
Mr. Mayo Boddie, Jr.
Excavate ±500 cu. yd. around existing pier
Ocracoke Island, Hyde County
Project setting
The project site is located adjacent SR 1328 on Ocracoke Island on the south side of
Silver Lake, off the Pamlico Sound, in Hyde County, North Carolina.
The area to be excavated (0.12 acre) averages ±4' below the normal water level (NWL).
A fringe of Coastal Wetlands, consisting of Spartina alterniflora, Spartina patens and Juncus
roemerianus, borders the high ground property of Mr. Boddie, but is not in close proximity to
the proposed project. The high ground portion of the Boddie property is vegetated by Bermuda
grass, red cedars and live oaks. There is an existing pier with a "T" head and 4 existing slips
that extends ±260' seaward of the bulkhead bordering the high ground property.
There are other piers constructed on neighboring properties surrounding Silver Lake.
Some of these piers were constructed prior to CAMA, while others were permitted by the
Division.
Silver Lake is an Estuarine Water classified as SC waters by the Environmental
Management Commission. Silver Lake is not designated as a Primary Nursery Area. Although
shellfish (oysters, clams and mussels) inhabit Silver Lake, the lake is closed to harvest.
Project description
Mr. Mayo Boddie, Jr. proposes to excavate an average depth of 2.5' of material in an
area ±80' x ±65' for a total of ±500 cubic yards. The excavation area is located at the
waterward end of the existing ±260' wooden pier. The material to be excavated is coarse sand.
The purpose of this proposed excavation is to provide better deep water access in the area of the
existing 4 slips associated with the existing pier. In addition, this proposal will establish a
consistent ±8' water depth around the existing slips and connection to waters of equal or deeper
depth in Silver Lake. The excavation will be conducted using a dragline and placing the
excavated material within a silt screen on a barge . The material will then be transported to,
and off loaded into a ±90' x ±50' diked disposal area on high ground property owned Mr.
Monroe Gaskill. Mr. Gaskill's property is located ±250' north of the project site.
Anticipated impacts
The project proposed will result in the disturbance of ±5,200 ft2 of sound bottom. The
excavation activities associated with this project will result in short term, localized turbidity.
The associated spoils are to be off loaded onto high ground.
Jeffrey R. Schaffer - 8 February 1995
Washington Regional Office

October 27, 1994
Mr. Terry Moore
Division of Coastal Management
1424 Carolina Avenue
Washington, NC 27889
Dear Terry:
I have enclosed for your review a revised CAMA Major
Application for Mayo Boddie, Jr, including the
additional information and changes we discussed at
your site visit October 18th.
We are requesting a permit to dredge around the end of
the existing dock to provide access to the existing four
boat sups as shown on the attached dtawing. The sand
would be excavated using a drag.line placing the material
on a barge limed with silt cloth.. Monroe Gaskill has
granted us permission to use his existing dock and
adjacent high ground property located approximately
2501 North of the dredge site to off load and use as
a spoil area, (drawing attached).
If you have any additional information or changes that
are necessary, please let me know as soon as possible.
Thank you
Warren Everhart
PO Box 526
Ocracoke, NC 27960
919-928-1921 '
P. 0. Box 1908 '
Rocky Mount, N. C. 27802
June 13, 1994
Re: Mayo Boddie, Jr. - CAMA Permit #94-008
Silver Lake
Ocracoke, (Hyde County), North Carolina
TO WHOM IT MAY CONCERN:
1, Mayo Boddie, Jr., owner of the above-designated
property, do hereby authorize Warren L. Everhart to act
as my agent regarding permitting and dredging of my
property located on Silver Lake in Hyde County,.
Ocracoke, North Carolina.
R,
Witness my hand and seal this day of June, 1994.
e
Mayo oddie, Jr - Owner
STATE OF NORTH CAROLINA
COUNTY OF HASH
a Notary
Public, do hereby certify that MAYO BODDIE, JR.,
personally appeared before me this day and acknowledged
the execution of the foregoing statement of
authorization.
WITNESS my hand and notarial stamp or seal, this
day of June, 1994.
Notary Public
My Commission Expires:

TOTAL P.02
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.
b.
C.
Name Warren Everhart
If you plan to build a marina, also complete and
attach Form DCM-1v4P-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?
private
Address P. O. l;ox 526
City Ocracoke State
NC
d. Describe the planned use of the project.
provida amiss to assist- in 11-se of exist-ing
four bnat slips
Zip ?7g6n Dayphone (919) 928-i q21
Landowner or X Authorized agent
Project name (if any) N j A
If the applicant is not-the landowner, also give the
owner's name and address.
_Mayo Boddie, Jr.
P. 0. Box 1908
Rocky Mount, NC 27801
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR 1328
b. City, town, community, or landmark
Ocracoke
c. County Hyde
d. Is proposed work within city limits or planning
jurisdiction? 3ras
e. Name of body of water nearest project
Silver Lake
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 14.921 SF
b. Size of individual lot(s)
14,923 SZ
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
3.9'
d. Soil type(s) and texture(s) of tract
sand - coarse
e. Vegetation on tract radars. lid, grass,
marsh
f. Man-made features now on tract house and pier
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X ConservationkAX*r Transitional
X_Developed Land. Community
Rural Other
h. How is the tract zoned by local government?
i. How are. adjacent waters classified?
SC
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? no If so, by whom?
or pier). Dredge around existing pier
3/91
5 OPLAND DEVELOPMENT none
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed g/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N / e
d. Size of area to be graded or disturbed
N/A
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? X./ 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.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used o paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
h Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval.
N/A
k. Describe existing treat NenAt facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/ 4
2
m. Water supply source h/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.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N./ 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
Other (break-
water, pier,
boat ramp,
rock jetty)
~ill placed in
wetland or below
MHW
Upland fill
areas
80' 65' 8'

b. Amount of material to be excavated from below
water level in cubic yards 500
c. Type of material roarce sand
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
no
e. High ground excavation, in cubic yards
3/91
f. Dimensions of spoil disposal area
. 90, x 50,
g. Location of spoil disposal area High ground
property of Monroe Gaskill adjacent to
Silver Lake at end of SR 1328
h. Do you claim title to the disposal area? No
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? Yes
If so, where? Same as above
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N/A
m. Type of fill material N/A
n. Source of fill material N A
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
Seeded berm and silt fence
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Dragline and barge
s. Will wetlands be crossed in transporting equipment
to project site? No _ If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
normal water level N/A
c. Shoreline erosion during preceding 12 months, in
feet N/A
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water NA
f. Type of fill material N/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 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 by the applicant of
that opportunity.
3/91
Name Mrs. Millard Williams
Address P. 0. Box 311
Ocracoke, NC 27960
Name Mrc. 17rcnl a JonaG
Address 5549 Sajo Farm Road
Virginia Beach, VA 23455
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
NC#71 b1A Mayn RnRAi a , Jr- 7-'n-9_
NC#94-008 Mayo Boddie, Jr. 5-31-94
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. 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-
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 2nd day of November 1994
X 6w+?-
Landowner or Authorized agent .
4 3/91
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October 25,1994
To Whom it may concern :
I Monroe Gaskill own the property located at the end of state road #1328 on Silver
Lake, Ocracoke NC (drawing attached). I do hereby authorize Warren Everhart and or
Taylor Bros. Marine Construction to use my existing dock and property to off load and use
as a spoil site for the dredgeing they are proposing to do in Silver Lake.
Monroe Gaskill
"-? 19:Z4?
PO Box 279
Ocracoke NC 27960
i $
VIP

'I

DAVIS & DAVIS
ATTORNEYS AT LAW
S w. N QU. -C., N.C.
HYDE COUNTY
THIS DEED, made this the ? day of
1990, by CHARLIE MACK WILLIAMS, Sing e, of the County of H e,
State of North Carolina, party of the first part, to BENJAMIN
MONROE GASKILL, of P. O. Box 193, Ocracoke, North Carolina 27960,..
party of the second part, WITNESSE-TH:
THAT SAID party of the first part, for Ten Dollars and
other valuable consideration to him in hand paid by said party of
the second part, the receipt of which is hereby acknowledged, but
subject to the life estate herein reserved, has bargained and
sold and by these presents does grant, bargain, sell, and convey
unto the said party of the second part, his heirs, and assigns,
that certain lot of land on Ocracoke Island, Ocracoke Township,
Hyde County, North Carolina, which is more particularly described
according to a map prepared by Theodore Rondthaler, R. S., dated
November, 1956, entitled "Property of Charlie Mack Williams,
Ocracoke Township, Hyde County, North Carolina", which is made a
part hereof for the purpose of description as follows:
BEGINNING at a point in the Southwest edge of
Silver Lake, where the Southeast line of the
Samuel G. Jones "Homeplace" property is
intersected by the water's edge of Silver Lake
(said point is near a gas tank); thence running
South 58 degrees 30 minutes West, along the
Southeast line of the Samuel G. Jones
"Homeplace" property, 5 feet to a square
concrete post; thence continuing South 58
degrees 30 minutes West, along the Southeast
line of the said Samuel G. Jones property to and
across the end of the present public road, 94
feet to a square concrete post located in the
Northeast line of the property of Charles and
Mary Robbins Runyan (said square concrete post
is located 15 feet South from the center of the
public road and 23 feet in a westward direction
from the end of said road); thence running South
35 degrees 15 minutes East, along the Northeast
line of the said Charles and Mary Robbins Runyan
land, 100 feet to a square concrete post;•thence
running North 58 degrees 30 minutes East along
the Northwest line of the Charles and Mary
Runyan property, 70 feet to a square concrete
post; thence continuing on a course North 58
degrees 30 minutes East 5 feet to the water's, --
edge of Silver Lake (this point is 101.5 feet in
a southeastwardly direction from the point of
beginning); thence continuing on a course North
58 degrees 30 minutes East about 127 feet to the
navigable water of Silver Lake; thence running
in a northwestwardly direction along the edge of
the navigable water of Silver Lake and with the
meanders thereof about 101 feet to a point;
thence running South 58 degrees 30 minutes West
along the Southeast line of the above referred
to Samuel G. Jones property about 110 feet to
the point of beginning, containing 1/2 of an
acre, more or less, and also the wharf, dock and
fish house that are located within the bounds of
the above described tract of land.