19880027 Ver 1_COMPLETE FILE_19880101

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 6, 1988
SUBJECT: File No. SAWC088-N-016-0190
Ms. Deborah Russell
Carteret Boat Tours, Incorporated
Route 1, Box 467
Beaufort, North Carolina 28516
Dear Ms. Russell:
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of March 28, 1988, we have
learned that State authorization for you to construct a pier on
Back Sound for the docking of a Cape Lookout-Shackleford Banks
passenger ferry, Harkers Island, Carteret County, North Carolina,
has been denied. Under the administrative rules of our regulatory
program, denial of required State authorization precludes
favorable consideration of a Federal permit. Accordingly, your
Department of the Army application is hereby denied, and your file
has been retired.
Mr. David Baker of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. He may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, Worth Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
1
SCAlj' o?
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary March 28, 1988 Director
Certified Mail
Return Receipt Requested
Ms. Deborah Russell
Carteret Boat Tours, Inc.
Route 1, Box 467
Beaufort, NC 28516
Dear Ms. Russell:
This letter is in.response to your request for permits under the Coastal
Area Management Act (CAMA) to construct a pier on Back Sound at the eastern
end of Harkers Island in Carteret County, N. C. Processing of your
application, which was accepted as complete on January 18, 1988, is now
complete.
Based on this review, including onsite investigation-by State and Federal
agencies, the Division of Coastal Management has made the following findings:
(1) Construction of the pier as proposed would result in less than 15 feet
between the pier and the western adjacent riparian property owner's
property. A waiver of the setback requirement was not obtained and/or
submitted to the Division;
(2) Both adjacent riparian property owners as well as other local property
owners, have submitted objections to the project;
(3) Eelgrass beds, (Zostera marina) which function as nursery areas for
juvenile shrimp, scallops and numerous species of finfish have been
identified in the waters at the project site. These waters are-
approximately 3 1/2' deep at mean low water, and the ferry boat
reportedly draws approximately 4' of water. Any movement of the boat at
mean low water would cause disturbance of the bottom (which is considered
"kicking" a channel and is a violation of Coastal Resources Commission
rules) and siltation of the eelgrass beds and subsequent loss of
important nursery habitat; and,
(4) The project, as proposed, is inconsistent with the following
partial listing of. rules of the Coastal Resources Commission:
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
1
Ms. Deborah Russell
Page 2
March 28, 1988
(a) 15 NCAC 7H.0206(c). Management Objective (for estuarine
waters. This rule establishes, as the highest priority,
the management and conservation of the important features
of estuarine waters so as to safeguard and perpetuate their
biological values;
(b) 15 NCAC 7H.0208(a)(2)(B). This standard requires that there
be no suitable alternative outside of the AEC for the project
and that the applicant select a combination of sites and
design that will have a minimum adverse impact upon coastal
marshland, and spawning and nursery areas;
(c) 15 NCAC 7H.0208(b)(1). This standard requires that navi-
gation channels, canals and boat basins must be aligned
so as to avoid primary nursery areas, highly productive
shellfish beds, beds of submerged vegetation or significant
areas of regularly or irregularly flooded coastal wetlands
(in regards to the eminent channel kicking); and,
(d) 15 NCAC 7H.0208(b)(6)(E). Piers shall not interfere with
the access to any riparian property and shall have a minimum
setback of 15 feet between any part of the pier and the
property owner's areas of riparian access unless waived
by written agreement by the riparian owner(s).
Given the foregoing findings, it is necessary that your request for a
permit under the Coastal Area Management Act be denied. This denial is made
under G. S. 113A-120(8), which requires denial of projects inconsistent with
the State Guidelines for Areas of Environmental Concern or local land use
plans.
Alternatives to your proposal currently exist. As has been reported by
several of the objecting nearby property owners, ferry service to Core Banks
is already avAilable at several locations within the vicinity of the proposed
pier. Nevertheless, should you wish to discuss alternate proposals, contact
Mr. David Noble of the Morehead City Office.
If you wish _to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge who listens
to the evidence and arguments of both parties and.then makes a recommendation
to the Coastal Resources Commission. Your request for a hearing must be in
the form of a written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the
Office of Administrative Hearings, P. 0. Drawer 11666, Raleigh, N. C. 27604,
within twenty days of receipt of this letter. A copy of the petition should
be filed with this office.

Ms. Deborah Russell
Page 3
March 28, 1988
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. John Parker at 919/733-2293, P. 0. Box 27687, Raleigh, N. C. 27611.
Sincerely,
avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, NC

{fUYf ?
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 10, 1988
SUBJECT: File No. SAWC088-N-016-0190
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:

Z.11.

Reference the application of Carteret Boat Tours,
Incorporated, for Department of the Army authorization to
construct a pier on Back Sound for the docking of a Cape Lookout-
Shackleford Banks passenger ferry, Harkers Island, Carteret
County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
We recommend that the following conditions be included in any
State authorization:
a. 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 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.
b. If the display of lights and signals on the authorized
structure is not otherwise provided for by law, such lights and
signals as may be prescribed by the U.S. Coast Guard will be
installed and maintained by and at the expense of the permittee.
c. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of this
-2-

permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a
third party.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Es:warine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
t ?
OFFICE OF COASTAL MANAGEMENT Lat:34041115"
FIELD INVESTIGATION REPORT Long:76031145"
1. APPLICANT'S NAME Carteret Boat Tours, Inc.
2. LOCATION OF PROJECT SITE approximately 1/4 mile from the eastern
end of Harkers Island, on SR 1335, on Back Sound, Carteret County;
SEE 1984 AERIAL PHOTO #38-1212, G-17.
3. INVESTIGATION TYPE: DREDGE &FILL CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 1-28-88
(B) WAS APPLICANT PRESENT NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED January 18, 1988
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Carteret County
LAND CLASSIFICATION FROM LUP Community
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE
(E) TYPE OF WASTE WATER TREATMENT: EXISTING Septic
PLANNED
(F) TYPE OF STRUCTURES: EXISTING
PLANNED
(G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE personal estim.
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
Public Trust Waters
DREDGED FILLED OTHER
1350 sq.ft
(D) TOTAL AREA DISTURBED: 1850 sq. ft. total (500 sq. ft. of fill
highground and dock)
8. PROJECT SUMMARY: Applicant proposes to const
with a 20' x 10' `L' for the docking of a Ca
Gfit.l'
COMMERCIAL X
t a 5' x 230' pier
Lookout-Shackleford
Banks passenger ferry.
FIELD INVESTIGATION REPORT - CARTERET BOAT TOURS, INC.
PAGE #2
9. NARRATIVE DESCRIPTION: The applicant has leased the property
from Ms. Angela Jones (heir to the recently deceased Hardy Lee
Jones). The property is a 65' x 230' tract of land located near
the eastern end of Harkers Island on Back Sound, in Carteret
County. An old scallop house currently exists on the property.
Other man-made features on the tract include a wooden bulkhead.
The applicant's proposed project is to construct a 230' long 5'
wide pier with a 20' x 10' "L" at the waterward end. Six (6) tie
pilings would be placed directly adjacent to the pier for boat
moorage. The proposed pier is to serve as a dock for a
concessionaire passenger ferry to be operated by the applicant
for transporting passengers from Harkers Island to the Cape
Lookout National Seashore.
The proposed pier is situated on the western edge of the property
and is within 15' of the property line. Three (3) of the six (6)
proposed tie pilings actually encroach into the western
neighbor's area of riparian rights. The pier is situated towards
the western edge of the property because the eastern neighbor's
old existing pier protrudes at an angle over into the applicant's
riparian access area.
Water depths at the waterward end of the pier are approximately
32' MLW. In discussions, with the applicant, their ferry boat
draws about 4' of water.
In addition to the pier construction, the applicant is also
proposing to backfill a 10' x 50' area of highground behind the
bulkhead.
10. ANTICIPATED IMPACTS: The proposed pier will cover 1,350 sq. ft.
of public trust waters. The waters of Back Sound, adjacent to
the proposed project, are classified as "SA" by the Division of
Environmental Management and are designated as open to
shellfishing by the Division of Health Services.
PREPARED BY: W. DAVID NOBLE
DATE: FEBRUARY 17, 1988
Please type or print. Carefull scr a?, p '11 d
ticipated development activit' incuin}g construe a8
tion, excavation, filling, pavi , a
stormwater control. If the requested-i1£orcaati0n,.is
not relevant to your project, write N/A (not ap-
plicable). Items 14 and 8.9 must be completed for
all projects.
Elm-
a. Name CA$,+GIZA 2A+^,. ? ,,.
Address Jq. l 3 o x *?,-7
City t- ,Aw.. Poa A- State A - C
Zip .1F5 / 4, 1 Day phone 919.7AZ-,32k?2
Landowner or ? Authorized agent
b. Projects ?na?me^ ('f any
S ? BA i -)rP?P 'APR rn.l?! A I
c. If the applicant is not the landowner, also give
the owner's name and address.
i &S! Le Y.M&?
k "
w ROJE 'T ?"0
a. Street address or secondary road number
I qwn, community, or landmark
b. City, t
, e-
c. County <'A&6ckP'f
d. Is proposed work within city limits or planning
jurisdiction? 4,' d
e. Name of body of water nearest project
?AC? osc,?t/d
DESCRII''TION ANDh?L"ANN
kIJSE? F '?
O ?'RpPOSED?E?
a. Describe all development activities you propose
(for example, building a home, motel, marina,
b lkhead, or pier).
?i eR, S x ?O' w%ftS ? ?L) v a
-t'11 IN S a..all Ake
1 01)o; 0,
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
istihl e project, new work, or both? JNP u}
c. Will the project be for community, private, or
commercial use?
t`? rr\ F R l rM
Describe the planned use of the project.

a. Size of entire tract %r k
b. Size of individual lot(s) .6 xa3o
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum /o
d. Soil type(s) and texture(s) of tract r u, h
e. Vegetation on tract a i a ss
f. Man-ma a featur now on tract !
L /oe- 6 2
g. What is the CA MA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the traczoned by local government?
? Q Z Q M ?. c?
i. How are adjacent waters classified? -r-4
j. Has a professional archaeological survey been
carried out for the tract? YO
If so, by whom?
.? h
5 t7PLx f EtOMME,
Complete this section if the project includes any
upland 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 sedimen-
tation 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 im-
permeable surfaces, such as pavement,
buildings, or rooftops.
.
IV-
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards /?
surfaces. c. Type of material . N A
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands? l'A
plan been submitted to the Division of En- e. High ground excavation, in cubic yards V
vironmental Management? f. Dimensions of spoil disposal area /f!!f
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area /YA
water treatment facilities.
h. Do you claim title to the disposal area? VA
j. Have these facilities received state or local If not, attach a letter granting permission from
approval? the owner.
k. Describe existing treatment facilities. i. Will a disposal area be available for future
maintenance?/ INZ
If so, where?
j. Does the disposal area include any marshland,
1. Describe location and type of discharges to swamplland,'or water areas? /V A
waters of the state (for examplersurface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industrial/commercial high water? iV o
effluent, or "wash down"). 1. Amount of fill in cubic yards .112 Y4.4
m. Type of fill material- s-
n. Source of fill material 1 1.,r n w
m. Water supply source o. Will fill material be place on marsh or other
n. If the project is oceanfront development, wetlands? . /1/a
describe the steps that will be taken to main- p. Dimensions of the wetland to be filled 1Y14--
tain established public beach accessways or pro- q. How will excavated or fill material be kept on
vide new access. site and erosion controlled? /Y A-
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? hydraulic dredge)?
s. Will wetlands be crossed in transporting equip-
ment to the project site? Do If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water ier
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas

lz Sa/
+fcFlr k ?w
a. Length of bulkhead or riprap//V 4
b. Average distance waterward of mean high water
or normal water level
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
2
`8 -ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
/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 for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sio 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 8 V2 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel 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 com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
di a copy of the permit application to them by
r istered or certified mail. This notification is re-
uired by G.S. 113-229(d).

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 $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental' Policy Act
(N.C.G.S. 113A-1 to 10).
9 ` ERTIFICA:T401 1
-WSIO TO?ENTEI
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted 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 ap-
pli lion and follow-up monitoring of project.
This is the day of ,
19.
Landowner or Authorized aeent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
rp nn
EFJ
JAN 18 1588

JAN 18 1988
----------------------
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.IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 26, 1988
SUBJECT: File No. SAWC088-N-016-0190
Carteret Boat Tours, Incorporated
Route 1, Box 467
Beaufort, North Carolina 28516
Gentlemen:

On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (copy enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received February 19, 1988, for
Department of the Army authorization to construct a pier on Back
Sound for the docking of a Cape Lookout-Shackleford Banks
passena.ger ferry, Harkers Island, Carteret County, North Carolina,
indicates it to be a candidate for Federal authorization under
this general permit. Accordingly, the administrative processing
of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
if your application must be withdrawn from this general permit
process for any reason, you will be informed regarding its further
management. If there are no unresolved differences in State-
Federal positions or policies, the final action taken on your
application by the State will result in your receiving written
notice from us that your application is consistent with the
general permit and you may commence your activity. Only after
receiving such confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWCO88-N-016-0190 and will be
coordinated by Mr. David Baker. He is available at telephone
[phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
00" ,"
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
/ North Carolina Department of
V Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of.
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
x
State of North Carolina
" epaftment of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
February 26, 1988
Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
Raleigh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
David W. Owens
Director
Carteret Boat Tours Inc.
Applicant's Name
Harkers Island Carteret
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
X_ for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 3.418,128
Sincerely,
?Q?`?ab?Jr1,,,?
h R. Parker, Jr., thief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
----------------------------
DIVISION OF ENVIRONMENTAL MANAGEMENTc
WATER QUALITY SECTION
- Comments concerning an application,.for State Federal CAMA.Permit(s) from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
t,ft_,s office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in - shall not be increased
by more than 10 NTU's as-a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B . CERT-IFiC ON - STATUS : -
r Certification is not-required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed.project is certified
- under General-:Certification
-- - A) No. ;ll?g issued on :January. 25,
D)
No. 1431 issued on.October 16,
- 2977, for sewer line construction. 1980, for boat ramp construction.
B) No. 1272 Issued-on-November 10, E) No. 1664 issued on September 8,
1978, for bulkhead'. construction. 1983, for Rip-Rap.Placement.
- -C) - -No. 1273:_issued on November 10, ).. No.=-1665-Yssued-on -S-eptember. 15,_-.
-- -
T-= T or-diazhatgew-of- liquid
978 1983,_for incidental: bridge
---efflitenf; from ' ik d-uisl-snd disposal construction.-
__ -,. areas.

- _
WAT R__QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
DATE :
TO: Bill Mills
Operations Branch
FROM: James H. Gregson T-H6-
Wilmington Regional Office
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
C? 4 64 6
Project Description:
a o , „L t? L?-
Adjacent Water Body
Classification: S!4
Status:
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
(X) The project will ill not require a 401 Water Quality
Certification.
( ) The project complies with the General 401 Water Quality
Certification # for
(X) The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceed a,S' NTU. !9
FEB 25 ;988
t ) WATER QUALITY coEGTI"
OPERATIONS
This office has no objection to the project as proposed.
JHG:kc
cc: DCM bglliD /VO&5
CF, WiRO
OFFICE OF COASTAL MANAGEMENT Lat:34041115"
FIELD INVESTIGATION REPORT Long:76031145"
1. APPLICANT'S NAME Carteret Boat Tours Inc.
2. LOCATION OF PROJECT SITE approximately 1/4 mile from the eastern
end of Harkers Island on SR 1335, on Back Sound Carteret County;
SEE 1984 AERIAL PHOTO #38-1212, G-17
3. INVESTIGATION TYPE: DREDGE & FILL CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 1-28-88
(B) WAS APPLICANT PRESENT NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED January 18, 1988
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Carteret County
LAND CLASSIFICATION FROM LUP Community
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO OTHER
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING Septic
PLANNED
(F) TYPE OF STRUCTURES: EXISTING
PLANNED
(G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE personal estim.
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
AREA
DREDGED FILLED OTHER
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
Public Trust Waters 1350 sq.ft
(D) TOTAL AREA DISTURBED: 1850 sq. ft. total (500 sq, ft. of fill
hi.ghground and dock)
8. PROJECT SUMMARY: Applicant proposes to construct a 5' x 230' pier
with a 20' x 10' `L' for the docking of a Cape Lookout-Shackleford
Banks passenger ferry.
FIELD INVESTIGATION REPORT - CARTERET BOAT TOURS, INC.
PAGE #2
9. NARRATIVE DESCRIPTION: The applicant has leased the property
from Ms. Angela Jones (heir to the recently deceased Hardy Lee
Jones). The property is a 65' x 230' tract of land located near
the eastern end of Harkers Island on Back Sound, in Carteret
County. An old scallop house currently exists on the property.
Other man-made features on the tract include a wooden bulkhead.
The applicant's proposed project is to construct a 230' long 5'
wide pier with a 20' x 10' "L" at the waterward end. Six (6) tie
pilings would be placed directly adjacent to the pier for boat
moorage. The proposed pier is to serve as a dock for a
concessionaire passenger ferry to be operated by the applicant
for transporting passengers from Harkers Island to the Cape
Lookout National Seashore.
The proposed pier is situated on the western edge of the property
and is within 15' of the property line. Three (3) of the six (6)
proposed tie pilings actually encroach into the western
neighbor's area of riparian rights. The pier is situated towards
the western edge of the property because the eastern neighbor's
old existing pier protrudes at an angle over into the applicant's
riparian access area.
Water depths at the waterward end of the pier are approximately
32' MLW. In discussions, with the applicant, their ferry boat
draws about 4' of water.
In addition to the pier construction, the applicant is also
proposing to backfill a 10' x 50' area of highground behind the
bulkhead.
10. ANTICIPATED IMPACTS: The proposed pier will cover 1,350 sq..ft.
of public trust waters. The waters of Back Sound, adjacent to
the proposed project, are classified as "SA" by the Division of
Environmental Management and are designated as open to
shellfishing by the Division of Health Services.
PREPARED BY: W. DAVID NOBLE
DATE: FEBRUARY 17, 1988
Please type or print. Carefull scr qq??,,? 11a$ d
ticipated development activit' incudin? co n8struc
tion, excavation, filling, pavi a
stormwater control. If the requestod..idorcriati0c1_is
not relevant to your project, write N/A (not ap<
plicable). Items 14 and 8-9 must be completed for
all projects.
a. Name G12P?' ?nAT T??. ??
Address &-l 5ox4L'1
City 13o.... (?- lt- State M . C
Zip°? $s/? Day phone 9Lq -7AF-s$?!
Landowner or ? Authorized agent
b. Project name (!'f any?rAAP Lrvtik d?. ?- -
SbAck(e_l,%J Ro.;F?
c. If the applicant is not the landowner, also give
the owner's name and address.
I7 A Rc? e.. ?..? Se5 wl e- _"r,
a. Describe all development activities you propose
(for example, building a home, motel, marina,
by,lkhead, or pier).
/`'i e S' 30 ?Wjl? 1s ?L) y ti
?-? Il , N bPhr'n!? ?&AIUA?l 8ReA
_I Cry, S D'
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?. Ne „1
c. Will the project be for community, private, or
commercial use?
Describe the planned use of the project.
--- +OO -;a Of
a. Size of entire tract .t i? 4,
b. Size of individual lot(s) _ 6 -'X a3 0
C. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum /o
d. Soil type(s) and texture(s) of tract : «. ,.
e. Vegetation on tract e> /, u sf
f. Man-ma a featur now on tract ^
L /oc 6 ,
g. What is the CA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed- Community
Rural Other
h. How is the tract zoned by local government?
o/ : oh _
i. How are adjacent waters classified? -f-4
j. Has a professional archaeological survey been
carried out for the tract? -Yo
If so, by whom?

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
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation 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 im-
permeable surfaces, such as pavement,
buildings, or rooftops.

,g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards IK, 4
surfaces. c. Type of material ,Y A

h.
If applicable, has a stormwater management d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? YA:-

plan been submitted to the Division of En-
e. _
High ground excavation, in cubic yards - /V
vironmental Management? f. Dimensions of spoil disposal area iYff
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area
water treatment facilities.
h. Do you claim title to the disposal area! _I.A-_
j. Have these facilities received state or local If not, attach a letter granting permission from
approval? the owner.
k. Describe existing treatment facilities. i. Will a disposal area be available for future
maintenance?/ IV1A
If so, where?
j. Does the disposal area include any marshland,
1. Describe location and type of discharges to swamplland,lor water areas? IV A
waters of the state (for examplej•surface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industrial/commercial high water? iV,o
effluent, or "wash down"). 1. Amount of fill in cubic yards
m. Type of fill material d
n. Source of fill material _. `• n w
m. Water supply source o. Will fill material be plac on marsh or other
n. If the project is oceanfront development, wetlands? wal
describe the steps that will be taken to main- p. Dimensions of the wetland to be filled /Y.f-
tain established public beach accessways or pro- q. How will excavated or fill material be kept on
vide new access. site and erosion controlled?_ /Y/t_
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? hydraulic dredge)? 11A
s. Will wetlands be crossed in transporting equip-
ment to the project site? No If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other reak-
water ier
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas

3.0 ,
?o

lz sow
a. Length of bulkhead or riprapx/ 4
b. Average distance waterward of mean high water
or normal water level
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
` & ;ADDITIONAL INFORMATION,
In addition to the completed application form, the
following items must be submitted:
/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 for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sio 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 8 Vz 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's we of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel 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 com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
d, a copy of the permit application to them by
r istered or certified mail. This notification is re-
uired by G.S. 113-229(d).
Nam.

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 $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted 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
evalu ding information related to this permit ap-
pli tion and follow-up monitoring of project.
This is the day of
19 1
17 .7,1
Landowner or Authorized aeent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
? nn
[rDL
JAN 18 1988
Name
Address

JAN 181S88
----------------------

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