19950510 Ver 1_COMPLETE FILE_19950811

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of E,)vironmental Management
James B, Hunt, Jr„ Governor
Jonathan B Howes, Secretary
A. Preston Howard, Jr., P,E„ Director
September 18, 1995
Tommy Padgett
P. O. Box 98
Burgaw, N.C. 28425
Dear Mr. Padgett:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed excavation of canal from existing channel
Project # 95510, COE # 199503266
Pender County
riLE COPY
Attached hereto is a copy of Certification No. 3028 issued to Mr. Tommy Padgett
dated 11 September 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston lZa4rd, Jr. E.
Attachments
3028.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Ilk M
?EHNR
P,O. Box 295;5, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equci Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
Pender County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Tommy Padgett in Pender
County pursuant to an application filed on the 18th day of May of 1995 to extend an existing channel
200 linear feet southward.
The Application provides adequate assurance that the discharge of fill material into the waters
of Topsail Sound in conjunction with the proposed development in Pender County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-
50'0 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction related
discharge (50 NTUs in streams and rivers not designated as trout waters by
DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs
in trout waters).
2. That the discharge will be free from toxic pollutants in other than trace
quantities;
3. That the terminal end of the pipeline from the dredge into the retention area be
positioned at a maximum distance from spillways to allow adequate settling of
suspended solids and sufficient distance form any part of the dike so as to
preclude dike erosion by the pipeline discharge;
4. That a water control structure be installed at the intake end of the effluent
leading from the retention area in order to insure maximum settling of
suspended solids and control of discharge volumes;
That the flow form the diked retention area be contained by pipe, metal or
wooden trough, or similar device to a point water ward of any emergent
vegetation along the shoreline unless it can be clearly shown by the applicant
the a different design will result in less environmental impact;
6. That sufficient freeboard be maintained within the diked disposal area during
the dredging operation to assure the integrity of the dike structure and the
containment of the dredged material;
7. That the concentration of settleable solids in the effluent being discharged form
the diked disposal area be no greater than 1.O.m/l;
1'
That the disposal area dikes be stabilized with vegetative cover as soon as
possible after construction to minimize erosion;
9. That additional site-specific conditions may be added to projects proposed
under this Certification in order to ensure compliance with all applicable water
quality and effluent standards;
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on
the modifications upon written request within sixty (60) days following receipt of the Certification.
Unless such demands are made, this Certification shall be final and binding.
This the 11th day of September, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
r L"_Hdw, Jr. P.
WQC# 3028
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON
WQ SUPERVISOR: ADKINS
DATE: June 7, 1995
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 95 PERMIT NO.: 95510 COUNTY: Pender
PROJECT NAME: Tommy Padget
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: May 18, 1995
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 9 Q FO
*STREAM OR ADJACENT WATER BODY: AIWW / Topsail Sound oyti? 'D/
CLASS: SA STREAM INDEX #: 18-87-10 "
OPEN OR CLOSED: Open F2
WL IMPACT: N/A WL TYPE: N/A cFs
WL REQUESTED: N/A WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: Deny
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to dredge approximately 5000 sq. ft. of Topsail
Sound.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2668 for dredge spoil dewatering.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? Yes
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
95510.Jun
Page Two
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
Per the attached Memo from the Division of Marine Fisheries, this project lies totally within
a designated Primary Nursery Area. The project as proposed would result in the loss of
approximately 5000 sq. ft. of shallow water habitat within this designated Primary Nursery
Area. Such a proposal would result in the loss of an existing use of these waters, namely the
ability of these waters to function as a nursery area, and would constitute a violation of 15A
NCAC 2B .0201. It is therefor recommended that the project be denied.
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
! .10 1
MEMORANDUM
i
June 7, 1995
I'
ITO: John Parker
(THROUGH: Rich Carpenter
FROM: Fritz Rohde
SUBJECT: Tommy Padgett
The Division of Marine Fisheries is o
designated Primary Nursery Areas. pposed to
lies totally Since Mr. dredging in
Marine Fisherieside a Primar Padgett 's project obj
ects to y Nursery Area, the Division of
the proposal.
?.?U„
u. 4
-?
Carolina
State of North
Health, and Natural Resource
Department of Environment,
y
De Division of Environmental Management
orth Salisbury Street • Raleigh, North Carolina 27604 P.E.
512 N A. Preston How Acting Director
James G. Martin, Governor November 10 , 1992
William W. Cobey, Jr., Secretary
Mr. Roy L. Gore
340 Red Fox Trail
Hampstead, North Carolina 28443
Dear Mr. Gore: land diked
Proposed dredging and return water from upland diked
Subject:
disposal
Pender county 92646
DEM Project #
YOU r request for Water Quality Certification
review of
upon rev
0.55 acres of water for cyannel located creation and Topsail disposal
nd
to dredge disposal fac'lit
in an upland rider diked county, uwe have determined that the proposed
SR 1563 in Pe off
General Water Quality Certification No.
fill can covered 1992. A copy of the General
2668 issued January 21 21,
Certification is attached. lease contact John Dorney at
If you have any questions, p
919/733-1786 or 919/733-1787.
Sincerely,
Jr. .E.
?)Peston Howard,
APH:JD
Attachment
Wilmington District Corps of Engineers
CC:
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
ision of coastal Management
John Parker, Div
lem
REGIONALOFFICES Wilmington Winston- 7007
Raleigh Washington 919/896
Mooresville 919/946-6481 919/395 3900
Asheville_ Fayetteville 919/571-4700
16208 9 19/486-154 1 704/663-1699
Pollution Preventlon Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal OPPorttunty Affirmative Action EmploYer

NOTICE OF FILING OF
APPLICATION FOR CAMA 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 R. D. White/The Rock
Golf Links of Brunswick County, filed an application on 06/26/95, 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 R.D. White/The Rock Golf Links proposes the
construction of an 18 hole golf course, clubhouse, and associated development of 571 single
family residential lots, to include streets and utilities off Copas Road (SR 1191), adjacent to
the Shallotte River, in the Shallotte Community of Brunswick County, NC.
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 Environment, Health and Natural Resources, Division of Coastal
Management, and Division of Environmental Management, located at 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, 910/395-3900.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before September 11, 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
September 6, 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
September 1, 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, August 17, 1995
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Stever J. Levitas, Deputy Secretary
?A4
E) EHNFI
Division of Environments' Management
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: ") V) )1 i-t U-&/ VFA V \ I FAX NUMBER: 6VO -- 3 5 0 --
FROM:John Dorney, Ecological Assessment Group
PHONE: [phone]
NO. OF PAGES INCLUDING THIS SHEET: Z
2ftoCQ

Permit Class Permit Number
NEW 3-93
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Reso
and
Coastal Resources Commission
RECEIVED ?
enna 4UC221995
?
NVIRpN AN
S
for e ^tSC/FIVC??S S
X Major Development in an Area of Environmental S
pursuant to NCGS 113A-118 ,
_X Excavation and/or filling pursuant to NCGS 113-229
Issued
L. Gore. 340 Red Fox Trail, Hamnstead, NC 28443
development in Pender County at
3 January 18, 1993 as re of
workDlan drawings. 2, dated 5/21/92
Toasail Sound Darallel to Red Fox Trai
in the permittee's application
a
This permit, issued on January 18, 1993 . , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Filling
1) In order to protect juvenile shrimp and finfish populations, no
excavation or filling will be permitted between April 1 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) Prior to excavation of the approved channel, the permittee will stake the
alignment and request alignment confirmation by a representative of the
DCM.
3) Excavation will be conducted below the mean low water level.
4) No marsh grass will be excavated and/or filled.
See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee 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 permit 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 Departmental approval.
All work must cease when the permit expires on
December 31, 1996
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Roy L. Gore
ADDITIONAL CONDITIONS
Permit #3-93
Page 2 of 3
5) The temporary placement or double-handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
6) No excavated or fill material will be placed at any time, in any marsh or
surrounding waters, outside of the alignment of the fill area indicated
on the workplans.
7) All excavated materials will be confined landward of the mean high water
(MHW) elevation contour within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
8) The diked disposal area will be constructed a sufficient distance from
the mean high water level or any marsh to eliminate the possibility of
dike erosion into or upon any marsh or surrounding waters.
9) The terminal end of the pipeline from the dredge into the diked retention
area will be positioned at or greater than 50 feet from any part of the
dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
10) A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
11) Flow from the diked retention area will be confined by pipe, trough, or
similar device to a point at or below the mean low water (MLW) elevation
contour to prevent gully erosion and siltation.
12) Excavation will not exceed 4 feet below the elevation of mean low water
(MLW).
13) If the permittee discovers any previously unknown historic or
archaeological remains while accomplishing the authorized work, he will
immediately notify the Wilmington District Engineer who will initiate the
required State/Federal coordination.
NOTE: This project may create mosquito breeding problems. For information
regarding appropriate mosquito control measures, contact Philip
Rivenbark at [phone].
NOTE: An Erosion and Sedimentation Control Plan is required for this
project. For further information,.contact Gerald Kraynak of the N.
C. Division of Land Resources at [phone].
NOTE: The proposed work is covered under General Water Quality
Certification X12668, issued 1/21/92 by the N. C. Division of
Environmental Management.
Roy L. Gore
ADDITIONAL CONDITIONS
Operation and Maintenance
Permit #3-93
Page 3 of 3
14) This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure for work
which may be caused from existing or future operations undertaken by the
United States in the public interest.
15) No attempt will be made by the permittee to prevent the full and free use
by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
,? ov
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 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Roy L. Gore
Address 340 Red Fox Trail
City Hampstead State N.C.
Zip 28443 Dayphone 270-2533
270-3965
Landowner or X • Authorized agent
b. Project name (if any) Ida Jones Sub.
Division Association
C. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
State Road #1563
b. City, town, community, or landmark
Sloora Point Community
c. County
Pender
d. Is proposed work within city limits or planning
jurisdiction? NO
e. Name of body of water nearest project
Intracoastal Waterway
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
the cross hatched area of
drawing for a dis_ance of 1200' If you plan to build a marina, also complete and '
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Channel maintPrnance
c. Will the project be for community, private, or
commercial use?
Community
d. Describe the planned use of the project.
Provide a Psg to intracoastal
wn "erwav for small boats.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A 1, -` 7
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+sf (+/-)
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract
None
f. Man-made features now on tract Short piers
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
Residentibl
i. How are adjacent waters classified?
SA
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier).
chnnnpi to a depth of 41AO(MLW
and _a width of 20 ft as shown in
Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
N/A
1289
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed tv/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
M. Water supply source ' N/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
d. Size of area to be graded or disturbed
N/A
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? N/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 for paved surfaces.
N/A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. 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 treatment facilities.
N/A
1. Describelocation and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). N/A
If the project is on the oceanfront, what will be the
elevation above mean sea level Ofthe fi rst habitable
floor? N/A
_
tit iyY-
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
(NII.,W) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
waterlevel in cubic yards apprnx _ 2500 eu. yds .
c. Typeofmaterial Sand
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
NO
e. High ground excavation, in cubic yards
None
11) /RQ
f. Dimensions of spoil disposal area
Approximately 600' x 1500
g. Location of spoil disposal area Approx. 300'
south east of channel marker #93
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 fofi Hamm
maintenance? Yes I
If so, Where? Same a q (g) 4:hOva
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 None
f. Type of fill material N/A

`-B. ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, : 1'1yr
swamps, or water areas?
NO
k. Will the fill material be placed below ratan hi tt
water? NO
1. Amount of fill in cubic yards 2 500 cu. vd s .
m. Type of fill material Sand
n. Source of fill material On site
o. Will fill material be placed on marsh or other
wetlands? NO
In addition to the completed application form, the follow-
ing items must be submitted:
topy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to cant' out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1R x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept on site
and erosion controlled?
Dike around spoil area
(see dwct. )
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hvdr"aulic dredge
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
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 20
prints or other larger plats are acceptable only if # high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
1289
Name
Address
Lennie Esposito
__910 RP-111Y T)ri vP
wi 1 mi ngton f X _ C 784(1Q
Name Tommy Padgett
Address c/o Padgett's Radio & T.V.
Service, North Wright Street,
Burgaw,
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N/A
A check for UXTmade payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
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 22,4day of , 19??
7
X? ?-
Landowner of thu onzed agent
t 2
F.
r= r.
July 27, 1995
.Mr. John R. Dorney
4401 Reedy Greek Road
Raleigh, N. C. 27607
Dear Mr. Dorney,
Re: Project- # 9551.0, COE # 199503266
With reference to above project, please refer to telephone conversation
fIn July :14, 1.995 for time extenti.on of my reply and facts concerning dredging
proposa.. I have tried to phone you again brtt could not contact.
'I'liere is no other practicable alternative to planned dredging project.
It is simply requesting an extenti.on of a dredging project that was permitted
by my next door neighbor Mr. Ray L. Core, completed in March of this year., a
few months ago.
The stone existing channel. goes in front of my property lots 8 and 9 that
wenL in front of my neighbor, Mr. Core and was al-towed to be dredged. Also,
an exLention was allowed to extend channel. to a neighbor on north side of Mr.
Gore on snme permit compl_e.Led lasL March.
I am sending a map on Mr. Core's dredging and my proposal. 1 am also
sending a photo showing the location and site bottom of proposal.
There is no aquatic 1.i.fe there that can't be found anywhere in the water
way, including the recent dredging area of my neighbor.
Occasionally there w 11 be an exceptionally 1-ow tide due to the moon and
other things. This is the case shown in photo taken Wednesday July 19, 1995.
1. walked on the bottom and there i.s no vegetation or anything on the bottom,
just hard sand, until. reaching; the marsh grass which would not be upset.
There was a sand bar with an extisting Chanel. near the shore. 'through
the years the sand bar moved in and filled up the channel. This is shown on
enclosure.
The picture enclosed was Laken from my pier. The proposed project is
from here, 200 feet north to the first pier, Mr. Gore's. You can tell where
the cleep water begins.
I believe to deny nre tlrl s permit ::ould be viol iat:in my rights. I would
appreciate your help iii-thi.s matter
Sii cl_y yours,
'A
-- J _ 44,
Tommy Padget
Enciosure
cc: Mr. Jim Gre.gson
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WATER WAL.ITY KSMING Fax: [phone] Sep 11 195 1339 P. 01/01
1SA .' Mitrlne Flaberlm
SUSCHAPTER.. 3 4 - NURSERY AREAS
.0001 : WON AND". PMq•
To .i4blisb and protaa i fra?M. arm which OPPoK
imPotlit'iWciodi*AOB,these
Rills rrliknot fasttli ptrWSitaoi ;a{eis ia?iU cQsisiil tltttttmg rratecs.
ii tletloo0;ibc?ttgl otaltastvr'.sY•s ooodueud'by
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yamg f%ft :mid: qlals f !df d:m psi4tioo of tli&3oit1sl
' Eb}pfi y;tiu?aery s?tsas c,d?o:e uvas`limide:.seiaeiie..y.1.m
;: 'e;i.t•htflL;lpeat^tav.l'd!vtlbpm!?11?iGeaRi1?I!oe:?meieirsasi??1??uu
?loeatidil? 6e tippesmoit!teiCCtfcsia of t.tyA4em w?ete popuiatioai
wast
?V) Scccmdeq Mrtety, suW•a * QW. atw W.lbe mim*o ryst-
dwelolt tilsi p'*L-' . .: pbV. adgm imumally
wtita later'.'.o3e .
eomposjsid of de6etopin?•aulradnlp' bfy;s jtar'size'whidibave"
ti?ge'steslform ?upssseasa psi6may»?>? aKestotls aicoudirymtrs-
soy am bcale0 ih the mid®p P*kn at msi emmim sysim-
1"Y 1Vom
elwraey:Ilya.x.113-13?;t11]•.1e2{.ttll!-?9d:
li?.Jair,;ry 1;.1491.
egos: AM are ??-
i 4a)•I 1 1 ' dtlnv.sbowio'l atl p b?ay td Y.mtteecy atroa>s.
(deiii0itl'in iSA9VCAC-*-boos;•:0oo4,iaad:.boas ar4.s<v*4lo for
h .shah at Or. Division of.t isdna P'tFl ies' Ot$Oe, Mosebead aty.
(b).7he Di ii m of.11(aride lr3s>>RiQa' Brill nurlc tba'downttroam
bovtdiry of each and mapaiday'atit y sisa vridt ia?ofar
b snty.lie pn1e. No.iltlwtbbied.><vowl ar'idOptQaii of any
Bud t 0*bpr or iiip Aan bavo tlp w%.t of e6AS+glns she olissiflcadan
J
of any body of wa?`''or portion thereof. nor shell any ouch unauth
temtowsl or relocattat or. the ibis= of any marker, or $IF off,
apPlicsbWty of ady tub perub&S to any PA body Of water ar
W,tseot. Whets iporo is caatlict between markms and obmu,
shall Ptovai6
Hu"Y Nom
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:t1004 OHl8jT.POEAR, PRIMARY NURSIMY
-ANEW!
- Iris tmla l sit nAS!any ttmwi net, bag haul sebe, swipe ant.
or mach ' 'tltethm for aims or oysters for the Putpm of
my 2mumme tiles in any of the Primary ?y stags described
NCAC alt 3;
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d?y Aka
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.0005 , QNj*.rMD-g1lAR.;SEQQNDARY NUASEik
(s)l it w hi to•use nrawtasts focany purpose hi any of t
*"on xsc?dsry nwmy peas described in 1SA NCAC 3R
(b) It is wtltl cords-trowlaots far say purpose in any of t
cW nawy'aims dooodWin LSANCAC3R•,0005,
that dwe arias Dicectar. may. by Poclamatim oPxs1 say o
the spoolel lm? nunmy qsas, a any pordaa dIM4 I
15A NCA 3R ;.0006 to shrimp aT gab trswling from Aul
t6rougb 14 rubjoa m the provisions of 1SA NCAC 31,..01
.02«1_
(c7 ?d special noondsrymtcsety sues de!art'bed
1VCAC 3R' ,0004 astd .0006 /edshW poriain to dross. cress
betwsom dnunW Has md*a primacy nursery aria lines or
Comma lion where Applicable.
H5' MY Note
Q.S.113-•134:113-1tx 113-221:143B 289.4:
?Ammwdmwd Sm loimba 1..1991.
Post?-It" brand fax kammittai memo 76M e of
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DIVISION OF COASTAL MANAGEME ' Il ;- ...._. ..
FIELD INVESTIGATION REPORT
P.IAY 2 61996-
APPLICANT'S APPLICANT'S NAME: Tommy Padgett
2. LOCATION OF PROJECT SITE: Topsail Sound adjacent to lots 8 & 9, Red Fox Trail off
of SR 1563 in the Sloop Point Community of Pender County
Photo Index - 1989: 171-9 Gr. V-19 1984: 22-247 K-19
State Plane Coordinates - X:2417600 Y:239100
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/05/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - cc: 05/17/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Land Classification From LUP - Rural/Conservation
(B) AEC(s) Involved: Estuarine Waters, Public Trust Area
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Pier
Planned - Access Channel
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other Shallow Bottom
5000 s. f.
(D) Total Area Disturbed: 5000 s.f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes a southern continuation of a dredge permit issued
to Roy Gore (Permit #3-93). This proposal would continue the approved channel for 200 linear
feet to the south.
4 .
Tommy Padgett
Page 2
9. PROJECT DESCRIPTION 05/17/95
The project area is a residential community in the Sloop Point area of Pender County. There are
presently single family residences adjacent to Topsail Sound, with large expanses of open space inland.
The area is dotted with single family piers. Access to the site is by way of SR 1563, and Red Fox
Trail.
There is a 25' - 30' wide stand of coastal marsh along the shoreline, predominately artin alterniflora
and uncu roemerianus. The project site begins at the point where the designated Primary Nursery
Area begins. The waters of Topsail Sound are classified SA by the Division of Environmental
Management, and the area is open to the taking of shellfish.
The bottom of Topsail Sound in this area is mostly sand, transitioning to silt as one moves northward.
There are patches of Zostera marina throughout this area of Topsail Sound. In the immediate project
area there do not appear to be any SAV's presently. There have been small patches seen in the
proposed channel location in the past, but not currently.
Site inspections do not reveal there to be an existing channel. From the southern limits of the proposed
project site, the water slowly deepens to the north and to the east. This is a somewhat consistent slope.
Soundings in the area currently indicate 0 water at mean low water.
The community has applied for and received a permit to excavate a channel running approximately 650'
northward, and 600' east to join the AIWW. A modification allowed the continuation of this channel
northward for another 230'. This permit was issued largely because the area was not a designated
Primary Nursery Area. The designation begins at the southern limit of the authorized channel.
The applicant owns the next two lots to the south of the above mentioned project. His proposal begins
at the beginning of the designated Primary Nursery Area, and would continue the proposed channel for
approximately 200' to the south, to terminate at his pier on the southernmost lot.
The channel is proposed to be 25' wide at the top of the cut, 20' at the bottom, and excavated to a
depth of -4' mean low water. The channel parallels the shoreline approximately 50' from shore. The
excavation would be accomplished hydraulically. The 667 cubic yards of material to be generated by
this project are to be placed in the same spoil site as the above project. The spoil site is 600' x 1500'
and has adequate space for the additional spoil.
10. ANTICIPATED IMPACTS
Dredging of the project site would disturb approximately 5000 s.f. of shallow bottom in a Primary
Nursery Area, in the vicinity of SAV's. As proposed, the project would remove approximately 667
cubic yards of sandy bottom area from this system, and deposit it on high ground on a spoil island.
Turbidity increases are to be anticipated during excavation.
Submitted by: T. Barrett Date: 05/17/95 Office: Wilmington
-
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. Named 7'
Address3 Srv'?',? Tau."
City A 1 4e State ItIc,
Zip Day phone 12;1 740 - Z1',--??
Landowner or Authorized agent
b. Project name (if any) Atli
c. If the applicant is not the landown n so give e
owner's name and address` MAR
U io
L A S/
7z.14- .4 ?Ji?Y7r-? ?f aap , -f-- ,
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
G??•?,r/.r/e% guff,r-WXr,f
c. Will the project be for community, private, or
commercial use???
d. Des 'be the planned use of the project.
r2DV •v'?= ? • c S Tc} .1?tTi..a CrtSJ?
'Ti.
j41 ,WD AND WATER
. ARACTERISTICS
6 199 i x ?'7y
a. Size of entire tract
,Csr S 6.9 ?x x'76 `
? O of individual lot(s) Aftt ter- -V $7e,y?'x V19.3
`
' ? b
E $I
2 LOCATION OF PROPOSED
a.
d.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
PROJECT d. Soil type(s) and. texture(s) of tract
Street address wecondary road number
"tom''! i:S4 S e. Vegetation on tract o
City, town, comm ity, or 1 dmark i ???•; I
f Man-I ade features now on tract
4PAI ?d
County APR 1 pg19` What is the CAMA Land Use Plan Classification of
Is proposed work within,-city limits or planning the site? (Consult the local land use plan.)
jurisdiction? N?1
EivIEC-6-hservation Transitional
e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). D v
Qh,v.? Vel 7'z-, o e-lez,:`/i
Q
/??!' ,f1 6i:?! U'h7 t??' oZ ?? JCL .5/lutyif
s? ?1
Developed -v-'- Community
Rural _ Other
h. How is the tract zoned by 1 cal government?
&e,,;1ee,VA7
i. How are adjacent waters classified?
7r1,6 6-16,$ % rVd7?C? u ?J y - / / -!5,0
j. Has a professional archaeolo?,i,cal survey been
carried out for, the tract? If so, by whom?
3/91

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, 4cilities, or
structures proposed ,/fJ
b. Number of lots or parcels r/N
c. Density (Give the number of residential units and the
units per acre.) A11A
d. Size of area to be graded or disturbed
AL4
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 subm} tted to the Division of Land
Resources? TN
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pent, buildings, rooftops.
?h
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used or paved surfaces.
1111,4
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? /l//.4
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
A1^14
j. Have these facilities??ived state or local approval?
k. Describe existing treatment facilities.
%x11
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" ). ArIA,
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 pr ),vide new access.
Al
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).
Lenath Width Depth
Access channel
(MLW) or (\NVL)
Boat ba ! -
Other ((bre
water, pTT, MAR
boat ramp,
rock jetty) 'J' `
COASZ r,L P
Fill placed ml)?? -
wetland or below
MHW 1
! J
Upland fill
areas D IVI
b. Amount of matenal to be extavare&,Yrom below
water level in cubic yards -591•?' 45
c. Type of material .1r,.v G y G ?r;,%„
d. Does the area to be excavated include marshland,
swamps, or other wetlar}ds?
I A0
e. High ground excavation, in cubic yards
2 3/91
. l" ? V
f. Dimensions of spoil disposal area ,
g. Location of soil disposal area 2vx. boo
. 5 r C f Z5XV /q/// alMe ee 93
h. Do you claim title to the disposal area? 4
If not, attach a letter granting permission from the
owner.
c. Shoreline erosion durins pre eding 12 months, in
feet `/(/?,O
d. Type of bulkhead material N1141
e. Amount of fill, in cubic yards, to be placed below
mean high water ?f/dyr/t?
f. Type of fill material A?1C?
i. Will a disposal area be available for future
maintenance? 5
If so, where? ??i?m ,3 mot. Gj-.
j. Does the disposal area include any marshland,
swamps, or water areas??
k. Will the fill material be placed below mean high
water? AUJ
1. Amount of fill in cubic yards
m. Type of fill material
n. Source 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.
o. Will fill material be placed on marsh or other
wetlands? An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
p. Dimensions of the wetland to be fill ?'? }} ite paper. (Refer to Coastal Resources
?? _ JComniiss n Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material bg ? ton $it
and erosion controlled? M W{ /0 6 1"Eas ote that original drawings are preferred and
only high quality copies will be accepted. Blue-line
ui V J SfQN ff-nts or other larger plats are acceptable only if 18 high
?? "+ gTAL MA a-BA Ed3ies are provided by applicant. (Contact the
U:-Army Corps of Engineers regarding that agency's
r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part
(for example, dragline, backhoe, or hydraulic
dredge)? 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
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap AA40
b. Average distance waterward of mean high water or
normal water level /!//I
3/91
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
thatapportunity. -
1995
0IV/4(
Name /Iow KP?N ?D/
Address ?<07` /OA *v?OWO'S ?.Soe1j 1J, u.
JVd tea/ fix 7,,-e&,/
Ale-
Name ?/9s M2 i0ol? lea e t,s -71i2
Address /- of is /, o-/a, 0 S?6 Orv.
s9d .ee.1 Fox
*W1010,$711.c/j Vd 2S
Name
Address
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. 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 is the S day of 19 /
Landowner or AYltorized
) r?
Z N]AR1995
[MISIGN OF
??UAS,?AL MAi'v CicMENT
J 1' J A IP P 1 8.1995 r i
OF
1 :`.L IJi r1i\I AU L- ivl`i`JT
3/91
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MAy 2 t lag 2 JA S M. Cl 2,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 26, 1995
Mr. Tommy Padgett
338 Red Fox Trail
Hampstead, N.C. 28443
Project # 95510. COE # 199503266
Dear Mr. Padgett:
ID F= F=1
FILE Copy
The Division of Environmental Management, Water Quality Section has reviewed your plans
to dredge waters located at Topsail Sound adjacent to lots 8 and 9 in Pendcr County for dredging of a
portion of Topsail Sound. Based on this review, we have identified significant uses which would be
removed by this project. These uses are aquatic life uses with this Primary Nursery Area (PNA).
Furthermore, insufficient evidence is present in our files to conclude that your project must be built as
planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification
as required by 15A NCAC 2B.0109. Until we receive additional. information, we are requesting (by
copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal
Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your project without dredging this area? Any
documentation such as maps and narrative that you can supply to address alternative designs for your
project may be helpful in our review of your 401 Certification. Please respond within two weeks of
the date of this letter by sending a copy of this information to me and one copy to our Mr. Jim
Gregson at the Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, N.C.
28405-3845. I can be reached at 919-733-1786 if you have any questions.
q'LRDomey
. r Quality y Certificatio Program
cc: Wilmington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
John Parker; DCM
95510.nty
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
. ..
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
June 12, 1995
Regulatory Branch
Action ID No. 199503266
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
0--
Enclosed is the application of Mr. Tommy Padgett for Department of the
Army (DA) authorization and a State Water Quality Certification to extend a
channel off the Atlantic Intracoastal Waterway (AIWW), Sloop Point, Pender
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification by 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.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by August 14, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri
Chief Regula ory 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. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Printed an IS Recycled Paper

James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Tommy Padgett
338 Red Fox Trail
Hampstead, North Carolina 28443
Dear Mr. Padgett:
?15b3C 0
LDEHNF=?L
May 17, 1995 RECEIVED
,, n
+-+ c Q
REGUL,TOEy ERf1PJrq
The Division of Coastal Management hereby acluiowledges receipt of your application for State
approval for development of your property located adjacent to Lots 8 & 9, Red Fox Trail off of SR
1563 in the Sloop Point Community. It was received completed on 05/17/95, and appears to be
adequate for processing at this time. The projected deadline for malting a decision is July 30. An
additional 75-day review period is provided by law when such time is necessary to complete the review.
If you have not been notified of a final action by the initial deadline stated above, you should consider
the review period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Sincerely,
T. Barrett
Field Representative
TJB/ek
Enclosure
cc: John Parker
Bob Stroud
Tommy Garriss, LPO
David Franklin, COE

1. APPLICANT'S NAME: Tommy Padgett
2. LOCATION OF PROJECT SITE: Topsail Sound adjacent to lots 8 & 9, Red Fox Trail off
of SR 1563 in the Sloop Point Community of Pender County
Photo Index - 1989: 171-9 Gr. V-19 1984: 22-247 K-19
State Plane Coordinates - X:2417600 Y:239100
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/05/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - cc: 05/17/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Land Classification From LUP - Rural/Conservation
(B) AEC(s) Involved: Estuarine Waters, Public Trust Area
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
7.
(F) Type of Structures: Existing - Pier
Planned - Access Channel
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
u A urr A T nF CRIPTION: [AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other Shallow Bottom 15000 s.f.
(D) Total Area Disturbed: 5000 s.f.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes a southern continuation of a dredge permit issued
to Roy Gore (Permit #3-93). This proposal would continue the approved channel for 200 linear
feet to the mirth

05/17/95
9. PROTECT DESCRIPTION
The project area is a residential community in the Sloop point area of Pender County. There are space
inland presently single family residences adjacent to Topsail Sound, with
is by way of SR 1563n and Red Fox
The area is dotted with single family piers. Access to
Trail.
There is a 25' - 30' wide stand of coastal marsh along the shoreline, predominately Spartina alltmiflM
and uncu roemedanus. The project site begins at the point where the designated Primary Nursery
fish SA by the Division of Environmental
Area begins. The waters of Topsail Sound are
Management, and the area is open to the talang of shellfish.
The bottom of Topsail Sound in this area is mostly sand, transitioning to silt as one moves northward.
There are patches of Zostera m rin throughout this area of Topsail Sound. In the immediate project
area there do not appear to be any SAV's presently. There have been small patches seen in the
proposed channel location in the past, but not currently.
Site inspections do not reveal there to be an existing channel. From the southern limits of the proposed
project site, the water slowly deepens to the north and to the east. This is a somewhat consistent slope.
Soundings in the area currently indicate 0 water at mean low water.
The community has applied for and received a permit to excavate a channel running approximately 650'
northward, and 600' east to join the AIWW. A modification allowed the continuation of this channel
northward for another 230'. This permit was issued largely because the area was not a designated
Primary Nursery Area. The designation begins at the southern limit of the authorized channel.
The applicant owns the next two lots to the south of the above mentioned project. His proposal begins
at the beginning of the designated Primary Nursery Area, and would continue the proposed channel for
approximately 200' to the south, to terminate at his pier on the southernmost lot.
The channel is proposed to be 25' wide at the top of the cut, 20' at the bottom, and excavated to a
depth of -4' mean low water. The channel parallels the shoreline approximately 50' from shore. The
excavation would be accomplished hydraulically. The 667 cubic yards of material to be generated by
this project are to be placed in the same spoil site as the above project. The spoil site is 600' x 1500'
and has adequate space for the additional spoil.
10. ANTICIPATED IMPACTS
Dredging of the project site would disturb approximately 5000 s.f. of shallow bottom in a Primary
Nursery Area, in the vicinity of SAV's. As proposed, the project would remove approximately 667
cubic yards of sandy bottom area from this system, and deposit it on high ground on a spoil island.
Turbidity increases are to be anticipated during excavation.
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
auacli rUrm UUVI-M-e-L.
b. Is the proposed activity maintenance of an
existtn,g project, new work, or both?
1 APPLICANT c. Will the project be for community, private, or
a. Name o/yI *t c mie- commercial use?
?? • 44 dg
Address
City A .r1 State /l?? d. Des 'be the planned use of the projeSct.
C .: Ty 1•tJ1'1? CCISJ?v
Zip -2 Day phone .Z 76 - XZf,.7
Landowner or Authorized agent
b. Project name (if any) N/ib
- D AND WATER
.
If the applicant is not the landowndt+, ? ? so give, the ARACTERISTICS
-4 1 he
vner's name and address/ ?? v
MA\Q 6 199 X .?'7y
a. Size of entire tract S `, 9rx
`v OF of individual lot(s) V(P J x SB
C A ; GPM&
^ El vation of tract above mean sea level or
2 LOCATION OF PROPOSED
PROJECT
a. Street address or econdary road number
b. City, town, comm iry, or 1 dmark j
,4 P R 1
c. County eId'
e
National Geodetic Vertical Datum
71-- */-
d. Soil type(s) and.texture(s) of tract
,.l
e. Vegetation on tract 9???'
f. Man-made features now on tract 07` /If
_ ??oN •?o?':? SI
o ego -
-g: Oat is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
d. Is proposed work withirycity limits or planning )Fti t\ 0t?:
jurisdiction. " conservation Transitional
Developed ? Community
e. Name of body of water nearest project Rural Other
??r?tpi9 c'c?4-fie l lG'.rl f?'?C•y0 ' -
h. How is the tract zoned by 1,9ca1 government?
3 DESCRIPTION AND PLANNED USE i How are adjacent waters classified?
f»
OF PROPOSED PROJECT
a. Describe all development activities you propose (for j• Has a professional archaeolo tcal survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? If so, by whom?
or pier). D v- ,??% lG.d??•' t /L'V,

development.
a. Type and number of buildings, fq ilities, or
structures proposed /
b. Number of lots or parcels --I//N
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be gr d or disturbed
NZ4
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 pave lrtent, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used or paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the D;vision of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
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 prpvide new access.
/IA1
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 r
(MLW) or (NWI-)
Boat baling -I
Other (bre ?iap\
water, ptgt,
boat ramp,
rock jetty) S I
QOAS T ,t_ N1
Fill placed rm
wetland or below
MHW I h
QPN
j. Have these facilities reqeived state or local approval??
k. Describe existing treatment facilities.
?A0
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
Upland fill
areas
01VI
COASTAL IV{?NA% yt?
b. Amount of matenal to be ex' lfc? below
water level in cubic yards
c. Type of material .15
d. Does the area to be excavated include marshland,
swamps, or other wed s17
e. High ground excavation, in cubic yards
Length Width Depth
-2?, ? 'i ,?i05 7 O ? G/1?0i?N// ,?02/GPK ? S?J
h. Do you claim title to the disposal area? IV4
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance'- /,/, I :j
If so, where? - ?m rs At Cy-
e. Amount of fill, in cubic yards, to be placed below
mean high water X14VOT
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 be placed below mean high
water? Al,-)
1. Amount of fill in cubic yards x`'
m. Type of fill material
n. Source of fill material eel ?5%ty
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.
o. Will fill material be placed on marsh or other
/(/e
An accurate work plat (including plan view and cross
wetlands? sectional drawings) drawn to scale in black ink on an 8
p. Dimensions of the wetland to be fill rte paper. (Refer to Coastal Resources
Com i sr n Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material b?t orr fit
M 0 V
19s ore that original drawings are preferred and
and erosion controlled?
ex only high quality copies will be accepted. Blue-line
ec ??Glsvi l?IVISrCN dints or other larger plats are acceptable only if 18 high
?a';TAL MAC a'iFes are provided by applicant. (Contact the
t S-Army Corps of Engineers regarding that agency's
r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part
(for example, dragline, backhoe, or hydraulic
? of plat requirements and it must be sufficiently detailed
yc/%o:.
dredge)? / to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
s. Will wetlands be crossed in transporting equipment the like.
to project site? _LL- If yes, explain steps that will
be taken to lessen environmental impacts. A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap _ 44
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.
b. Average distance waterward of mean high water or
normal water level zJX/
lrl
A D ^
/f fA e Is
Address A07"' 16 //Jp?o?JES SK.6 G3?.
sad ,eed Fox
*,,o,P,s-,0e oo c/ IOU IkVg3
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
e'l*,t 3-93 .
•v'A , ?? i49.3
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).
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. n?
This is the 3 day of AXe , 19 y?.
Lance dovvner or

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