NCDOT 114-02 Leopard Creek

- Pesiriit Number
NEW
STATE OF NORTH CAROx,M4 1- 1— 4-02
Department of EVironment and Natural Itt i3o=es
and
Coastal Resources Commission
r
or
x Major L]cvelopatent in an Area of Environmental Concern
Pursuant to N'CGS 113A-11 S . .
$ Bxcavation and/or filling pursuant to NCG5 113.229
Issuedto N.C. Ilanaet..,.,.,r
Authorizing development in : ret -- �L�' +�L A/ism
Carte
County at Sad' N�Teopard Creek ]3ndae rJo, 1$ on �rOW N;li Rna 1�� , as requested is the pertrtittae's application
afteclted Wor Ian tits«' dated
�P s LL2 dated 5/9 � dated as ce, ed 5 151V
This permit, issued on'/
with the t to till. all aPP"c4ble regulations. Special conditions is subject
d notes set foliane,5 with ale rth be ow. Any application
olation of (where
seterms mo t
be subject to fines, irnprisonmeot er civil acdosl; or may cause the ermit to be Y P mr11 atrdvoid,
N
OTE'e Leopard Creek Community Boat Ramp is an important cptnntuni
existence for approximately 25 years, The t5 asset that has beed to work wthn in
local community residents tp identify and develop aesuitable teplacerrrentencoura�community boat the
mp on I-eopard Creek or the canal adjacent to SR 1333,
Installation o Gtuardradl and Shn a Stabili7atio
t dyes not authorize any excavation, ff any excavation is
be necessary. required, a modification of this
2) No fill material will be placed at any time in any vegetated wetlands or surrounding waters outside
e£
fire alignment of the till area indicated on the workpIan drawing(s)..
(See attached sheet far Additional Condltlons)
Tbia Permit action may be appealed by the permiuee or
other goEvied persons widdn twenty (20) days of Qua issuing
data' An appeal requires resolution prior to work initiation or
eootitntance as the caft may be,
This permit must be accesnble on•site to Departa=r
personnel when the project is Inspected for compliance.
Any maunensnce work or project modification not covered
hereunder requires further Divisiatt approval.
Ap work must Cease wiiau the permit expires on
December 31, 2005
In issuing this permit, the State tit' NoNt Carolina agerxs
that your project IS eonsiatout with the North Carolina Coastal
Management Program,
Signed by the authority of the Secretary of DSNR and the
Chairman of the Coural Resources Commission
a D. Moffitt, Director
Division of Coastal Mattagetuent
This permit and its conditions arc hereby accepted.
Signature of Pertnittee

tit
FAX TNANSMITT'AI:
Jerry Lawrence General Controcfor Inc.
PO Box 598 -1416 Live Ook Street
Beoutort. NC 28516
Phone:[phone] Fax:[phone]
Email: jlowrencegc@gbinefwork,com
Send to:
�TL\iD- (�(1 fYT From
Attention: .
Dafe:
Office Location:
Office Location:
Fox Number:
Phone Number:
Urgent
❑ Reply ASAP
0 Please comment
U Please Review
Q For your Information

`�c
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FA
Jerry. La
PO B
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JnqAeS

Jerry E. Lawrence Jr.
R,r '
8z.
183 Tha M81s 4ane PO Box 598 Beaufort, Nd 28518
Phooe 252-728-3025 Fax [phone]
email: jlvwrencegc@gbirietwork,rom
August 30, 2.002
AUG 4UU�
Dor}na Moffatt (,
Director '
Division of Coastal, Management
Subject: Crow Hill Road Bridge Replacement, Straits Township of Otway
PERMIT # 1.14-02
I am asking for an appeal on the permit granted to the DOT.for.co.nstruction of bridge and
demolition of ramp located on Crow Hill Road, Otway, NC. Original permit by DOT(CAMA called for
bridge not to. ;impede on existing boat ramp. The following evidence can be submitted to support
my appeal
Aerial phatvs:documentinguse of ramp
Permits documenting authorization of ramp
'Document ifrom other state agencies stating enti:lee to use of public wavers
Current ,ground photos-
Ayidavits, rom lodo il`citlzens documentirt$,histofical and current use
Doc vmecitSsupppltingbullding ofstruCtures around the ramp
Geri Statute `.775A.07M.0208
Sincerely,
Jerry E. Lawrence Jr,
President, "Save the Ramp Committee
Ctway, NC
CC: Attorney General's Office
Charles Jones.,
y.

nuu-su-�uuz `rrcl Ub Ui AM NO'D.iv OF COASTAL MORT FAX NO:4
CT RTIFICATE.OP SERVICE
R 6

N.C. Depahtnent of Transportation permit #114.02
Page 2 of 2
ADDITIONAL. CONDITION'S
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized,
4) Placement of riprap shall be limi`fed to the areas as depicted on the attached workplan drawings. The
riprap and associated fill material must be clean and free from loose dirt or any pollutant except, in trace
quantities. It must be of a size sufficient to prevent its movement fmm the sib- by wave or current
action, The riprap material must consist of clean rock or masonry materials such as, but not limited to,
granite or broken concrete.
5) The riprap shall not extend waterward more than 10 feet from the normal water level at any point along
its alignment at the time of construction,
6) All bnokfill material will be obtained from a high ground source. No unconfined backfgl may be
discharged into estuarine or public trust waters. The fill material will be clean and free of any pollutants
except in trace quantities.
7) Any materials resulting front the removal of the concrete pad must be disposed of at an approved high
groumd disposal area.
Sedimentation and Erosion„ Control
8) This project is to a High Quality Water Zone and must comply with the Design Standards in Sensitive
Watersheds, I SA NCAC 413 .0124.
9) All tnstream construction shall be contained by,turbidity curtains.
10) In order toprotec[ water quality, runoff from construction must not visibly increase die amount of
suspended sediments in adjacent waters.
11) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watereolirses and property (e,g, silt fence,
diversion swales or bermsi sand fence, etc,),
12) All disturbed areas shall be properly graded and provided a ground cover suffioient to restrain erosion
within thirty days of project completion,
General
13) This permit does not eliminate the need to obtrin any additional state, federal or local permits, approvals
Or authorizations that may be required,
NQMThe N.C. Division of Water Quality has assigned the proposod project DWQ Project No. 02.
1089.
lyOTE: The U.S. Army Corps of Engineers has assigned the proposed project COP. Action Id. No.
200201204.

M
Roy COOPIER
Al-I'OHNEY GENERAL
Jerry E. Lawrence, Jr.
P.O. Box 598
Beaufort, NC 28516
State of North Carolina
Department of justice
P. 0. Box (i2n
RALEIGH
27(io2-0629
September 16, 2002
REPLY To:
James P. Longest
Environmental Division
[e-mail]
Telephone: 919n 16-6600
Fax: 919n 16.6767
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Third party Hearing Request for Coastal Area Management Act (CAMA) Permit
Dear Mr. Lawrence:
The Chairman of the Coastal Resources Commission has decided to deny the hearing request
which you submitted. Attached is a copy of the order, signed by the Chairman of the Coastal
Resources Commission, denying your request. The permit is no longer suspended and the permitee
is allowed to proceed insofar as it concerns CAMA. You may appeal the Chairman's decision by
filing a petition for judicial review in superior court of Carteret County within thirty days after
receiving the order. A copy of the judicial review petition must also be served on the Coastal
Resources Commission's agent for service of process at the following address:
Dan Oakley, General Counsel
Dept. Of Environment and Natural Resources
1601 Mail Service Center
Raleigh, N. C. 27699-1601
Sincerely,
James P. Longest, Jr.
Special Deputy Attorney General
cc: Dave Heeter
Charles Jones
Donna Moffitt
Dwayne Alligood
M

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF THE
THIRD PARTY HEARING
REQUEST BY JERRY E.
LAWRENCE, JR.
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 2000-08
FINAL ORDER
I. INTRODUCTION
Petitioner, Jerry E. Lawrence, Jr., has filed a third party hearing request seeking a hearing
on Coastal Area Management Act (CAMA) Major Development Permit No.114-02 issued to the
N.C. Department of Transportation (NCDOT). Permit No. 114-02 authorizes the NCDOT to
install guard rails on a bridge approach and demolish an adjacent community boat ramp on Crow
Hill Road, Otway, Carteret County.
II. STANDARD OF REVIEW
Under the CAMA, a third party may file a contested case hearing petition with the Office
of Administrative Hearings (OAH) to challenge the issuance of a permit to someone else only if
the Coastal Resources Commission (CRC) first determines that a contested case hearing is
appropriate. N.C. Gen. Stat. § 113A-121.1(b) provides that the determination of whether a
hearing is appropriate should be based upon a consideration of whether the petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
Has alleged facts or made legal arguments that demonstrate that the
hearing request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party
hearing request should be granted or denied. Rule 15A N.C. Administrative Code (NCAC) 7H

.0301(b). A third party whose hearing request is granted may file a petition with the OAH. A
third party whose hearing request is denied may seek judicial review.
III. FINDINGS OF FACT
A. In February, 2002, the NCDOT replaced the Crow Hill Road (State Road 1333)
bridge over North Leopard Creek in the community of Otway in Carteret County.
B. The NCDOT undertook the bridge replacement under CAMA General Permit No.
28197 issued by the Division of Coastal Management (DCM).
C. General Permit No. 28197 was issued upon the condition that the bridge
replacement would not affect the Leopard Creek community boat ramp within the right-of-way of
State Road 1333.
D. Some 25 years ago, the residents of the area built the Leopard Creek community
boat ramp with the permission of the NCDOT and have used it ever since.
E. However, after the bridge was replaced in 2002, it encroached approximately five
feet closer to the boat ramp.
F. The NCDOT determined that this created a safety hazard and that the bridge
would therefore require guardrails.
G. To install guardrails, the NCDOT began removing the community boat ramp.
(Attachment 1 is a copy of a photograph after part of the ramp was removed.)
H. The DCM stopped the work and required the NCDOT to apply for a CAMA
major development permit to complete the work necessary to install guardrails, including the
removal of the remainder of the boat ramp and the installation of rip rap along the shoreline.
(Attachment 2 is a copy of a detail map showing the additional work proposed by NCDOT.)

Many of the residents of the Otway community signed a Petition opposing the
removal of the boat ramp, and the Division of Marine Fisheries objected to the project because of
the loss of the boat ramp.
On August 29, 2002, the DCM issued CAMA Major Development Permit No.
114-02 to the NCDOT for the proposed work. (Attachment 3 is a copy of CAMA Major
Development Permit No. 114-02.)
K. The DCM concluded that the NCDOT could withdraw its permission to locate the
boat ramp within the highway right-of-way but included a Note within Permit No. 114-02
encouraging NCDOT to work with the community to develop a suitable replacement ramp.
L. CAMA Major Development Permit No. 114-02 was issued on August29, 2002,
and Mr. Lawrence's hearing request was timely filed on August 30, 2002.
M. Mr. Lawrence identified himself as "President" of" Save the Ramp Committee."
IV. CONCLUSIONS OF LAW
The Petitioner has alleged that the decision to issue Permit No. 114-02 is contrary to
"Gen. Statute 775A.07H.0208". Rule 15A NCAC 7H .0208 which sets forth the various use
standards for development within the estuarine system areas of environmental concern. Petitioner
does not allege the violation of any specific standard. Thus it cannot be determined which rule or
rules he believes were violated by the issuance of Permit No. 114-02.
2. The Petitioner stated that he owns real property in the vicinity of the property to be
developed and that he can demonstrate a history of substantial use of public resources in the area
affected by the development. For purposes of this Hearing Request, the Chairman finds that the
Petitioner has demonstrated that he is directly affected by construction authorized to be

In
undertaken by the Department of Transportation under Permit No. 114-02.
3. The question of whether the proposed development interferes with rights of the
Petitioner or his group is not the basis for permit denial of Permit No. 114-02. It is beyond the
jurisdiction of the Coastal Resources Commission, the Division of Coastal Management, or the
Office of Administrative Hearings to resolve property ownership disputes between competing
claimants. The Petitioner does not address this issue in his Petition.
Whether the Petitioner has a property interest or not, the purported interest is not a basis
under statute or rule to deny Permit No. 114-02. A contested case hearing is appropriate when an
agency has allegedly exceeded its authority, acted erroneously, failed to use proper procedure,
acted arbitrarily or capriciously, or failed to act as requires by law or rule. N.C. Gen. Stat.
§113A-121.1(b)3. If a project meets the applicable rules and guidelines, CAMA requires that
the permit shall be granted. N.C. G en. Stat. § 113A-120(b). Since Petitioner has failed to show
that the permit could have been denied for any reason put forward by Petitioner, the request does
not meet the standard for third party hearing requests.
V. ORDER
For the above reasons, -the Division of Coastal Management recommends that the third
party hearing request by Jerry Lawrence, Jr., be DENIED.
This the 6 day of September, 20Tn
Gene Tomlinson, Chairman U
N.C. Coastal Resources Commission

5
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Final Order upon the Petitioner
by causing a copy thereof to be placed in the U.S. Postal Service bearing sufficient postage for
delivery by first class mail and addressed as follows:
Jerry E. Lawrence, Jr.
P.O. Box 598
Beaufort, NC 28516
This the & — day of September, 2002.
a:: t 24 2 4-0
es P. Longest, J .
Special Deputy Attorney General.
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

.N
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 3, 2002
Mr. Dwayne H. Alligood, PE ' I S
NC Department of Transportation, Division Two f ( `P 1 6 200?
Post Office Box 1587 J
Greenville, NC 27835
CERTIFIED MAIL
Re: Suspension of Work / Appeal of CAMA Permit Decision
Dear Mr. Alligood:
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request
for an administrative hearing to challenge CAMA Major Permit 114-02. The Third Party Hearing
Request was filed on behalf of petitioner on August 30, 2002. Under N.C.G.S. §113A-121.1 (the Coastal
Area Management Act), your LAMA permit is automatically suspended upon receipt of a hearing request
and will remain suspended until either. (1) the Chairman denies the hearing request (under standards set
out in the statute); or (2) there is a final Coastal Resources Commission decision on the permit appeal.
You may not undertake any development under the permit decision until further notice after Chairman
Tomlinson issues his decision.
The Division of Coastal Management will prepare a recommendation for the Chairman on
whether to grant or deny the hearing request. The Chairman must make a decision within 15 days after
receipt of the hearing request, in this case no later than September 13, 2002. If you wish to submit any
materials for the Chairman's consideration in ruling on the request for contested case hearing, please send
them to me as soon as possible.
Sincerely,
Donna D. Moffitt�zlz
cc: Chairman Gene Tomlinson
Ryke Longest
Jessica Gill
Charles Jones
Merrie Jo Alcoke
Terry Moore
Steve Trowel]
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer —50%Recycled \ 10°k Post consumer Paper

Permit Class Permit Number
NEW 114-02
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
]
for SEP 04 p002 +
X Major Development in an Area of Envirortme Concern
pursuant to NCGS 113A-118 cOAST.4 NIANAGE
MOREHEFlD MENT
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, P.O. Box 1587, Greenville, NC 27835
Authorizing development in Carteret County at adj. N. Leopard Creek, Bridge No. 18 on
R 1 (Crow Hill Road), Otwav , as requested in the permittee's application dated 4/26/02. including the
attached workplan drawings (4): 2 dated 5/9/02; 2 dated as received 5/15/02
This permit, issued on 8/29/02 , 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
De subject to noes, tmpnsonment or ctvu action; or may cause me permit to oe nuu ana voia.
NOTE: The Leopard Creek Community Boat Ramp is an important community asset that has been in
existence for approximately 25 years. The permittee is strongly encouraged to work with the
local community residents to identify and develop a suitable replacement community boat
ramp on Leopard Creek or the canal adjacent to SR 1333.
Fill, Installation of Guardrail and Shoreline Stabilization
1) This permit does not authorize any excavation. If any excavation is required, a modification of this
permit will be necessary.
2) No fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill area indicated on the workplan drawing(s).
(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 Division approval.
All work must cease when the permit expires on
December 31, 2005
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 DENR and the
Chairman of the Coastal Resources Commission.
v
Lgdna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Department U Ti ansportation Permit #114-02
Page 2 of 2
ADDITIONAL CONDITIONS
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
4) Placement of riprap shall be limited to the areas as depicted on the attached workplan drawings. The
riprap and associated fill material must be clean and free from loose dirt or any pollutant except in trace
quantities. It must be of a size sufficient to prevent its movement from the site by wave or current
action. The riprap material must consist of clean rock or masonry materials such as, but not limited to,
granite or broken concrete.
5) The riprap shall not extend waterward more than 10 feet from the normal water level at any point along
its alignment at the time of construction.
6) All backfill material will be obtained from a high ground source. No unconfined backfill may be
discharged into estuarine or public trust waters. The fill material will be clean and free of any pollutants
except in trace quantities.
7) Any materials resulting from the removal of the concrete pad must be disposed of at an approved high
ground disposal area.
Sedimentation and Erosion Control
8) This project is in a High Quality Water Zone and must comply with the Design Standards in Sensitive
Watersheds, 15A NCAC 4B .0124.
9) All instream construction shall be contained by turbidity curtains.
10) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
11) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
12) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
13) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 02-
1089.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200201204.

or✓
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 29, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED OG
Mr. Levi C. Beveridge, Jr.
Ol;
320 Channel Rock Road �' \
Beaufort, NC 28516
Dear Mr. Beveridge:
Thank you for your July 16, 2002 letter and the enclosed petition concerning the Coastal Area
Management Act (CAMA) Major Development Permit application submitted by the N.C.
Department of Transportation (NCDOT). This application requests authorization to facilitate the
installation of guardrail by expanding the approach and trailing road shoulders of the southbound
lane of Bridge #18 on SR 1333 (Crow Hill Road) in Otway, Carteret County, North Carolina.
The proposal would close the Leopard Creek Community Boat Ramp by removing a portion of
the existing ramp and filling the remainder of the ramp with riprap. The N.C. Division of
Coastal Management (DCM) appreciates your concerns about the proposed project. We have
looked very closely at the issues raised in your letter and the enclosed petition signed by
approximately 175 people disagreeing with the destruction and removal by NCDOT of the
community boat ramp.
The CAMA permit review process involves a coordinated state and federal review of each permit
application. All comments received from review agencies, the public and adjacent riparian
property owners are considered by DCM before final action is taken on a permit application. In
this case, DCM has determined in coordination with the State of North Carolina Attorney
General's office that the proposed project is not inconsistent with the Rules of the Coastal
Resources Commission, as well as those of other State regulatory agencies. Consequently,
DCM issued a permit for the proposed activity on 8/29/02. A copy of the permit is being
provided to you for your information.
The decision to issue a CAMA permit for this project is based on the fact that the community
boat ramp is an existing percussive use within the NCDOT Right -of -Way. Because NCDOT
allowed the local community permission to build the boat ramp, within its Right -of -Way,
NCDOT has the authority to withdraw its permission to use the boat ramp within its Right -of -
Way. DCM deeply regrets the loss of the community boat ramp that will result from this project.
The CAMA permit contains a note strongly encouraging NCDOT to work with the local
1638 Mail Service Center, Raleigh; North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affiniative Action Employer— 50% Recycled \ 10% Post Consumer Paper

community residents to identify and develop a suitable replacement community boat ramp on
Leopard Creek or the canal adjacent to SR 1333.
If you wish to object to the issuance of the permit, you may request an appeal of this decision
within twenty (20) days of the permit decision. §113A-121.1(b). If you would like copies of the
appropriate appeal forms or should you like to discuss the specifics of the process, please contact
me by telephone at [phone] x238 or by email at [e-mail].
Sincerely,
Cathy Briham
Transportation Project Coordinator
cc: Bill Arrington - DCM
DCM, Morehead City

w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 29, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gerald Sullivan
4901 Old Elizabeth Road
Raleigh, NC 27616
Dear Mr. Sullivan:
Thank you for your May 14, 2002 letter concerning the Coastal Area Management Act (LAMA)
Major Development Permit application submitted by the N.C. Department of Transportation
(NCDOT). This application requests authorization to facilitate the installation of guardrail by
expanding the approach and trailing road shoulders of the southbound lane of Bridge #18 on SR
1333 (Crow Hill Road) in Otway, Carteret County, North Carolina. The proposal would close
the Leopard Creek Community Boat Ramp by removing a portion of the existing ramp and
filling the remainder of the ramp with riprap. The N.C. Division of Coastal Management (DCM)
appreciates your concerns about the proposed project. We have looked very closely at the issues
raised in your letter.
The CAMA permit review process involves a coordinated state and federal review of each permit
application. All comments received from review agencies, the public and adjacent riparian
property owners are considered by DCM before final action is taken on a permit application. In
this case, DCM has determined in coordination with the State of North Carolina Attorney
General's office that the proposed project is not inconsistent with the Rules of the Coastal
Resources Commission, as well as those of other State regulatory agencies. Consequently,
DCM issued a permit for the proposed activity on 8/29/02. A copy of the permit is being
provided to you for your information.
The decision to issue a CAMA permit for this project is based on the fact that. the community
boat ramp is an existing permissive use within the NCDOT Right -of -Way. Because NCDOT
allowed the local community permission to build the boat ramp within its Right -of -Way,
NCDOT has the authority to withdraw its permission to use the boat ramp within its Right -of -
Way. DCM deeply regrets the loss of the community boat ramp that will result from this project.
The CAMA permit contains a note strongly encouraging NCDOT to work with the local
community residents to identify and develop a suitable replacement community boat ramp on
Leopard Creek or the canal adjacent to SR 1333.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

If you wish to object to the issuance of the permit, you may request an appeal of this decision
within twenty (20) days of the permit decision. §113A-121.1(b). If you would like copies of the
appropriate appeal forms or should you like to discuss the specifics of the process, please contact
me by telephone at [phone] x238 or by email at [e-mail].
--&ncerely,
Cathy Brit am
Transportation Project Coordinator
cc: Bill Arrington - DCM
DCM, Morehead City

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: NC Department of Transportation County: Carteret
LOCATION OF PROJECT: Bridge # 18 on SR 1333 (Crow Hill Road) at the crossing of N. Leopard Creek,
approximately 2 miles south of US Highway 70 in the community of Otway.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 06/10/02
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Bill Arrington DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW: . I r,\
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 40
PUBLIC NOTICE REC'D: r11rA3'— — END OF NOTICE DATE: 9 �r)
AnI RTP PR()P NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:
MAIL OUT DATE:
FEDERAL DUE DATE:
ON:
150 DAY DEADLINE:
STATE DUE DA'
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY.
DRAFT ON
AGENCY
D k I L( O MENTS
RUI R]ED
OBJECTIONS:
YFS NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)

fft
ARA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
TO: DOUG HUGGETT
FROM: BILL ARRINGTON
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT -
Bridge #18 on SR 1333 (Crow Hill Road) Shoulder expansion at the crossing of
North Leopard Creek, south of Otway, in Carteret County
DATE: August 22, 2002
The following are my comments and recommendations regarding the above -mentioned proposal.
The project consists of expanding the approach and trailing road shoulders of Carteret Bridge #18
on SR 1333 to facilitate the installation of guardrail. This project would include installation of a 40-
foot bulkhead shoulder section parallel to and extending approximately 5 feet into the Leopard
Creek Community Boat Ramp (LCCBR) with riprap reinforcement extending the remaining distance
across the public access ramp. The applicant also proposes to reinforce a 50-foot by 5-foot section
of the approach shoulder for the southbound lane to facilitate the installation of guardrail. General
Permit #28197 was issued July 27, 2001, for the replacement of Carteret Bridge #18 after receiving
assurances from NCDOT Division II Bridge Engineer there would be no impacts to the Leopard
Creek Community Boat Ramp. In 1978 a Renewal/Modification to the CAMA Major Permit #185-
74 for widening the adjacent canal was issued for improvements to the existing Leopard Creek
Community Boat Ramp after receiving a "NO OBJECTION" from C.R. Edgerton, P.E., with
NCDOT. The bridge was replaced in February 2002, and encroached approximately 5 feet closer to
the public boat ramp. Due to the replacement of the bridge encroaching closer to the existing
Leopard Community Boat Ramp, NCDOT considers the situation a "safety hazard" and requests a
permit to build the road shoulder over the public ramp, permanently closing this public access.
NCDOT has reduced the estuarine system fill impacts associated with this proposal by installing the
bulkhead above NHW, and installing the rip rap reinforcement for the bulkhead at a 1.5:1 slope.
North Leopard Creek is estuarine water.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consurrsr Paper

It is my understanding that DOT originally gave permission to representatives of the community to
construct the ramp in the 1970's and has allowed the community to use its right-of-way for the
launching and retrieving of boats since that time. DOT now wishes to withdraw its permission and
remove the ramp to facilitate the installation of a guardrail. The ramp is clearly within DOT right-
of-way. Since it appears that DOT has the right to rescind its permission to use this area, I can not
object to the issuance of a permit. I do however feel we should strongly suggest to DOT that they
assist the community in identifying and developing another boat ramp site on Leopard Creek or the
canal adjacent to SR 1333. While DOT may have the legal authority to prohibit the public from
using this area because of bridge safety concerns, they have taken away an important community
asset that has been in existence for nearly 30 years.
Standard erosion control BMP's should be incorporated into the project.
Cc: Charles Jones
Ted Tyndall

-',�> f&
ATFRQG Mic F. Ealey, Governor
Willie Ross, Jr., Secretary
y North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
23, 2002
Mr. Jay Johnson
North Carolina Department of Transportation Div. 2
PO Box 1587
Greenville, NC 27835
Subject: EXEMPTION
Stormwater Project No. SW8020707
Bridge #18 Carteret Co.
Carteret County
Dear Mr. Johnson:
The Wilmington Regional Office received a copy of a CAMA Major Permit Application
to install sheet piles at the boat ramp for guard rail installation, Carteret Co. on July 5, 2002.
Staff review of the plans and specifications has determined that the development activities
proposed at this time will not pose a threat to surface water quality from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not
posing a water quality threat from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 211.1000. By copy of this letter, we are
informing you that your project will not require a stormwater management permit.
If the subject project disturbs five acres or more and has a point source discharge of
stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System
(NPDES) stormwater discharge requirements. You are required to have an NPDES permit for
stormwater discharge from projects meeting these criteria. The stormwater rules require the
Division to permit the common plan of development, therefore, any future development on the
property, regardless of whether a CAMA Major permit is also required, will require a Stormwater
Management Permit application and permit issuance from the Division of Water Quality prior to
any construction.
If you have any questions or need additional information concerning this matter please
contact Ms. Linda Lewis at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\CAMA\020707.July
cc: CAMA (Morehead), DCM
Katrina Marshall, Carteret County Inspections
Doug Huggett, DCM
Wilmington Regional Office
Central Files
wr
MUM
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 9, 2002
Mr. Gerald Sullivan
4901 Old Elizabeth Road
Raleigh, NC 27616
Dear Mr. Sullivan:
Thank you for your May 14, 2002, letter concerning the Coastal Area Management Act
(CAMA) Major Development Permit application submitted by the N.C. Department of
Transportation, in which authorization was requested to facilitate the installation of guardrail by
expanding the approach and trailing road shoulders of the southbound lane of Bridge #18 on SR
1333 (Crow Hill Road) in Otway, Carteret County, North Carolina. The proposal would close
the Leopard Creek Community Boat Ramp by removing a portion, of the existing ramp and
filling the remainder of the ramp with riprap. As you may be aware, the Division of Coastal
Management is coordinating a multi -agency state and federal review of the proposal. I can
assure you that your comments will be examined and taken into consideration prior to the
Division taking final action on this permit application, and you will be informed of this final
action.
The Division appreciates you taking the time to comment on this application, and your
letter will be added to the official permit application file for this project. Please feel free to
contact me at [phone], extension 238, or email me at [e-mail], if
you should have any additional concerns relating to this project.
Sincerely,
CA
�N�
Zy�n am Cathy
gh
Transportation Project Coordinator
cc: Bill Arrington - DCM, Morehead City
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50°% Recycled \ 100 Post Consumer Paper

(; \ v4 � July 16, 2002
J Levi C. Beveridge, Jr.
320 Channel Rock Road
_- -- Beaufort, NC 28516
Ms. Donna D. Moffitt
Director, Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Dear Ms Moffitt:
JUL 2 2 2002
Please Find enclosed what appears to be unanimous support AGAINST allowing
the Dept. of Transportation a Permit to completely destroy the Otway Community Boat
Ramp. We, the people, are all bewildered as to how they could have done anything
without the PERMIT and or the consideration of the Community, in the first place. In our
opinion they should be required to restore what they have carelessly destroyed as any
other citizen would be required to do.
Thank you for your attention to the views of the People.
Sincerely
Levi C. Beveridge, Jr.
[phone]

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July 8, 2002
Donna D. Moffitt
Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, N.C. 27699-1638
We the undersigned, disagree with the destruction anal removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in Otway, N.C.
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek. During the times of storms aand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the state to even consider
destroying a preexisting access.
Sincerely,
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July 8, 2002
Donna D. Moffitt
Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, N.C. 27699-1638
We the undersigned, disagree with the destruction anad removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in Otway, N.C. .+ "
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek. During the times of storms aand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the state to even consider
destroying a pre-existing access.
Sincerely.
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July 8, 2002
Donna D. Moffitt
Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, N.C. 27699-1638
We the undersigned, disagree with the destruction anad removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in Otway, N.C.
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek. During the times of storms aand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the state to even consider
destroying a pre-existing access.
Since
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July s, 2002
Donna D. Moffitt
Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, N.C. 27699-1638
We the undersigned, disagree with the destruction anad removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in Otway, N.C.
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek. During the times of storms aand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the state to even consider
destroying a pre-existing access.
Sincerely,

• vY
July 8, 2002
Donna D. Moffitt
Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, N.C.-27699-1638
We the undersigned, disagree with the destruction anad removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in thway; N.C.
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek During the times of storms nand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the date to even consider
destroying a pre-existing access.
Sincerely.
rzo
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July 8, 2002
Donna D. Moffitt
Director
Division of Coastal Management
1638 Mail Senice Center
Raleigh, N.C. 27699-1638
We the undersigned, disagree with the destruction anad removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in Otway, N.C.
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek During the times of storms aand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the state to even consider
destroying a preexisting access.
Sincerely,
6 e
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July 8, 2002 -
Donna D_ Moffitt
Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, N.C. 27699-1638
We the undersigned, disagree with the destruction anal removal by the State Department of
Transportation of the community boat ramp which was located on SR 1333 at the crossing of Leopards
Creek in Otway, N.C.
As a recent news article stated, this ramp was paid for by local residents to provide them with access to
Wards Creek. During the times of storms aand hurricanes it was a sheltered access that allowed people
opportunity to remove and protect their boats.
Keeping in mind, the budget crisis currently existing, it seems arrogant for the state to even consider
destroying a pre-existing access.
Sincerely,
r/- 1?--6 ;L-
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v2.5- � Jr Pfl"4,�u

DIVISION OF COASTAL MANAGEMENT
WDENK
Nor CJAG.IW OkPMMFNf O
EWRONMO mo Nuuww. R¢sou m
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO:
OFFICE: �IAG 8&/�,2T/SIsll S -e77OW
TELEPHONE #:
FROM: J-I L L Ae-,4(W47Z) V
OFFICE:
m
DATE SENT: 67- 0 / -O Z
FAX #: f 1 7�6 -llJ/
TOTAL NUMBER OF PAGES ININ COVER SHUT:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 1, 2002
Carteret County News Times
Legal Advertisement Section
P.O. Box 1679
Morehead City, NC 28557
Re: Public Notice - Carteret County
Dear Sir:
Please publish the attached Notice in the Sunday, July 7, 2002, issue of the Carteret
County News Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Jaye Poole, NC Division of
Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-
1638, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Morehead City office [phone].
Sincerely,
Bill Arrington
D.O.T. Field Representative
wla
Enclosure
cc: Ted Tyndall, District Manager
Doug Huggett
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer —50% Recycled 110% Post Consumer Paper

NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on June 10, 2002.
According to said application, the North Carolina Department of Transportation is requesting to
expand the road shoulders of the southbound lane of SR 1333 at the crossing of North Leopard
Creek, closing the Leopard Creek Community Boat Ramp, 2 miles south of Otway, in Carteret
County. A copy of the entire application may be examined or copied at the office of Bill
Arrington, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza Il,
Morehead City, NC, [phone] during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638
Mail Service Center, Raleigh, NC, 27699-1638, prior to July 27, 2002, will be considered in
making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification 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
written request.
PUBLISHED ON: Please publish on July 7, 2002

P. 01
TRANSACTION REPORT
JUL-01-2002 MON 10:40 AM
DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP
JUL-01 10:39 AM 97266018 50" 3 SEND OK 244

Development Type
Fee
DCM%
DWQ%
(14300 16014351000931625 62531
f24300 1602 435100095 23411
I. Private, non-commercial
development that does not involve
S250
100%(S250)
0%($0)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not involve the filling or
S400
100%(S40O)
0%(50)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A 0, C. or D
below applies:,
III(A). For Private, non-commercial
development, If General water Quality
S250
100% (S250) -
0% (S0 )
Certification No.3301 (see attached)
can be applied:
III(9): Forpubficorcommercial
development, if General water Quality
S400
100%(S400)
0%(SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and
S400
60% (S240)
40 % (Sl60)
written DWQ concurrence is needed
bemuse of concems related to water
quality or aquatic life:
III(D). If General Water Quality
r
Certification No. 3301 (see attached)
S400
60% (S240)
40% (5160)
can not be applied:
,
'
IV. For development that involves
the filling and/or excavation of more
S475
6095 (5265)
40 % (5190)
than one acre of wetlands and/or
open water areas:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: North Carolina Department of Transportation
2. LOCATION OF PROJECT SITE: Bridge No. 18 on SR 1333 (Crow Hill Rd.) at the
crossing of N. Leopard Creek, approximately 2 miles south of US Highway 70 in the
community of Otway, in Carteret County
Photo Index - 2000:photo 52-624 T-3, 1995: photo 52-606 S-15
State Plane Coordinates: x: 2732500 y: 377000 G PS: Rover File # L061220A
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/7/2002
Was Agent Present - No
PROCESSING PROCEDURE: Application Received as Complete - 6/10/2002
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification from LUP - Rural and Conservation
(B) AEC(s) Involved: PTA, EW, CW and CS
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Bridge, Roadway and Guardrail
Planned -Additional Guardrail, Sheet Pile Bulkhead and
Rip Rap
(G) Estimated Annual Rate of Erosion: N/A Source: N/A
7. HABITAT DESCRIPTION: [AREA]
Excavated Filled Other
(A) Coastal Wetlands - Soartina patens,
Distichlis s ip cats. Spartinina alterniflora
250 sq. ft.
(B) Public Trust Area - Shallow Bottom
200 sq. ft.
(C) Other - High Ground in the Coastal
Shoreline AEC
600 sq. ft.
(D) Total CAMA AEC Disturbed: 1050 square feet (800 sq. ft. Previously disturbed)
(E) Total area disturbed by project: 1050 sq. ft., or 0.02 acres
(F) Primary Nursery Area: Yes
(G) Water Classification: SA, HQW
(H) Open for Shellfishing: Yes
8. PROJECT SUMMARY: The N.C. Department of Transportation is proposing to expand the
approach and trailing road shoulders of the southbound lane of Carteret Bridge #18 on SR 1333 to
facilitate the installation of guardrail. The proposal would close the Leopard Creek Community
Boat Ramp by removing a portion of the existing ramp and filling the remainder of the ra mp with
rip rap.

FIELD INVESTIGATION REPORT
NC DOT — Bridge 18, Carteret County
PAGE 2
9. PROJECT DESCRIPTION:
The site of this proposal is Bridge #18 on SR 1333 (Crow Hill Rd.), at the crossing of North
Leopard Creek (a tributary of Wards Creek), approximately 2 miles south of U.S. Highway 70 in
the community of Otway, in Carteret County. The general purpose of the project is to expand and
reinforce the approach and trailing road shoulders of the south bound lane of SR 1333 to provide
adequate area for the installation of guardrails.
The bridged crossing at North Leopard Creek is flanked with coastal wetlands, pine wetlands and
residential lawns. This area is primarily residential. The bridge, replaced in February 2002 under
CAMA General Permit #28197, crosses a 40-foot wide estuarine tidal creek and was issued
contingent upon and with assurances by the NCDOT no impacts would occur to the Leopard
Creek Community Boat Ramp. The new bridge encroached approximately 5 feet towards the
existing ramp, which the application cover letter submitted by NCDOT states, is now a "safety
hazard". NCDOT began removing the boat ramp to facilitate the installation of guardrail, but was
stopped pending the ability to receive a CAMA permit to remove it. A 40-foot wide canal parallel
to SR 1333 joins Leopard Creek 20 feet west of the bridge from the south shoreline. In the canal
upstream of the ramp there are approximately 12 docks maintained by various individuals. A 12-
foot wide concrete boat ramp with concrete wing walls extends into N. Leopard Creek between
the bridge and the canal. An existing boat ramp was permitted for expansion under a 1978
renewal/modification of CAMA Major Permit #185-74 for the widening of the canal after DCM
received a "NO OBJECTION" from C.R. Edgerton, PE, with the NCDOT. This ramp was
consequently expanded, by the community and has been in continual use since. The coastal wetland
area consists of Spartina alterniflora. Juncus roemerianus. Spartina patens. Distichlis s icn ata. and
Salicomia spp.. The pine wetland area including a spoil pile west of the canal consists primarily of
Pond Pine, Red Cedar and Myrtle. The adjacent uplands are vegetated primarily with various
pines, oaks and grasses. Soils on this property are classified as Hobucken Muck by the NC Soil
Conservation Service. Approximate elevations on the.parcel range between minus 2 feet and 4.5
feet above NWL. No evidence of shellfish or SAV beds in the project area was noted. The waters
of North Leopard Creek are classified as SA, HQW at the project site by the North Carolina
Division of Water Quality. North Leopard Creek is designated as Primary Nursery Area by the
North Carolina Division of Marine Fisheries. The Carteret County Land Use Plan designates the
project area as Rural, with all CAMA Areas of Environmental Concern designated as
Conservation.
The proposal is to remove a 5-foot wide section of concrete from the existing Leopard Creek
Community Boat Ramp parallel to SR 1333 and install a 40-foot long sheet pile bulkhead
approximately 10 feet from the edge of the existing pavement. Rip rap reinforcement would be
installed waterward of the bulkhead at an approximate 1.5:1 slope to fill the remainder of the boat
ramp. Backfill behind the sheet pile would provide adequate shoulder for 75 feet of guardrail on
the trailing side of the newly installed bridge southbound lane. The applicant also proposes to
reinforce a 50-foot long by 5-foot wide section of road shoulder on the approach side of the bridge
south bound lane with rip rap and backfill to provide adequate shoulder for guard rai 1 installation.

FIELD INVESTIGATION REPORT
NC DOT — Bridge 18, Carteret County
PAGE 3
10. ' ANTICIPATED IMPACTS:
As proposed, the construction of the bulkhead shoulder, reinforced with rip rap, would result in
the permanent closing of the North Leopard Creek Community Boat Ramp, eliminating the public
use and access as well as potentially adversely affecting those individuals docking along the canal.
The proposal would result in the filling approximately 200 square feet of shallow estuarine bottom
and disturbing of approximately 600 square feet of Coastal Shoreline AEC (both areas were
previously filled by the existing boat ramp). Reinforcement of 50 feet of the approach road
shoulder on the southbound lane would result in the filling of approximately 250 square feet of
Coastal wetlands.
NC DOT has reduced the Estuarine Water AEC and Coastal Shoreline AEC fill impacts
associated with this proposed road shoulder expansion by installing the bulkhead above NHW and
installing the rip rap at a 1.5:1 slope. There is probability of turbidity expected during the
construction of the bulkhead and shoulder expansion. Standard NC DOT BMP's are proposed to
minimize these impacts. The primary use of SR 1333 is for ingress and egress of local residents.
The proposed shoulder expansion, reinforcement and installation of guardrails are intended to
improve safety of traffic movement and comply with state safety standards for secondary roads.
The collective disturbance area for the project is 0.02 acres.
Bill Arrington
July 1, 2002
Morehead City

Form DCM-MP-I
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name N. C. Department of Transportation
Address P.O. Box 1587
City Greenville, State N.C.
Zip 27835 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name. Jay Johnson, -NCDOT Div. 2
Address P.O. Box 1587
City Greenville, State N.C.
Zip 27835 Day Phone [phone]
Fax [phone]
c. Project name (if any) Bridge #18Carteret Co.
NOTE: Permit will be issued in name of landowner(s), and'or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
b. City, town, community or landmark
Otway
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? _Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) North Leffers Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, 'and
excavation and/or filling activities.
Drive sheet Diles at boat rams for guard rail
installation and backfill with rip ran. Place rip rap for
shore line and sheet vile protection on existing boat
ramp. Finish installing guardrail on bridge.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public, private or commercial
use? Public Transportation
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, -please attach additional
pages. Purpose: To upgrade existing Bridge to
improve the safety of traffic movement and to
comply with State safetv standards for secondary
road bridge crossings.
METHODS OF CONSTRUCTION: Standard roadway
and bridge construction methods: DAILY
OPERATIONS: Conveyance of vehicular traffic
(Bridge is currently closed to non local traffic)
Revised 03195

Form DCM-MP-1
4. LAND AND WATER n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
CHARACTERISTICS 1. r, i ,-,,wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface Runoff
a. Size of entire tract N/A
o. Describe existing drinking water supply source.
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or NWL
d. Soil type(s) and texture(s) of tract
Hobucken Muck
e. Vegetation on tract Juncus roemeranus, Distichlis
- spicata Snartina alterniflora Snartina patens
f. Man-made features now on tract Existing concrete
bridge asphalt road and concrete boat ramp.
g. What is the CAMA Land Use Plan land -classification
of the site? (Consedt the local land use plan.)
_ Conservation _Transitional
Developed _ Community
` X Rural Other Undeveloped
h. ,How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? —Yes —No N/A
(Attach zoning compliance certificate, ifapplicab/e)
j. Has a professional archaeological assessment been
done for the tract? _Yes X No
If yes, by whom?
k. Is the project located in a National, Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? No
(Attach documentation. ifavai/able)
m. Describe existing wastewater treatment facilities.
5. ADDITIONAL INFORMATION
In addition to the completed application form„ the
following 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 properties. If the applicant is not
claiming to be the owner of said property, then forward
a copy,of the deed or other instrument under which the
owner claims title, plus written permission. from the
owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 1 I" 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 an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
*A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal

Form DCM-MP-1
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name John Thomas Wells
Address 1746 River Drive
Morehead City, NC 28557
Name Mvra E. Lawrence
Address 231 Crow Hill Road
Beaufort, NC 28516
Name Ricky Gillikin
Address 168 Crow Hill Road
Beaufort, N.C. 28516
Name Gerald etux Sullivan
Address 4901 Old Elizabeth Road
RaleiEh, NC 27616
• 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 $400 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S.113A - 1 to 10)
If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will, be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I 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 the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 26th day of April 2002 .
Print Name Jav Johnson
Signature ✓
La ;w or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
X DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sigie and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP-2
EXCAVATION
AND FILL
_. (Except bridges and culverts)
Attach this; form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
-- Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
Ramp
Rock
groin
Rock
breakwater
Other -
Guardrail
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Depth Depth
N/A N/A
550'
i ' 111"j
1. EXCAVATION
a. Amount of material to be excavated from below
MHW orNWL in cubic yards 0
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. High ground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area NCDOT Maintenance
upland disposal site
b. Dimensions of disposal area Approx. 2 Acres
c. Do you claim title to disposal area?
X Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes —No
If yes, where? Same
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
_ Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
X Bulkhead X -Riprap
b. Length
c. Average distance waterward of MHW orNWL
d. Maximum distance waterward of MHW orNWL
e. Shoreline erosion during preceding 12 months
(Source ofinjormation) Field survey
f. Type of bulkhead or riprap material Sheet pile &
class 2 granite
g. Amount of fill in cubic yards to be, placed below
water level
(1) Riprap 29 (15'xl3x4)
(2) Bulkhead backfill N/A
h. Type of fill material class 2 granite
i. Source of fill material Fountain Ouarry
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes _ No
(1) Amount of material to be placed in the water
5'x 50'=250 so ft.
(2) Dimensions of fill area Refer to plat (5' x
(3) Purpose of fill Backfill sheetpile to
snort installation of guardrail
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 5' max X 50'
(2) Purpose of fill To stabilize slope at
approach to bridge on northeast side of
bridge.
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Sediment curtain and silt
fence
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Standard road and bridge construction
equipment
c. Will wetlands be crossed in transporting equipment to
project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
NCDOT Bridge 18 SR 1333 Carteret
Applicant or P lect Name
0
Signature
If yes,
Revised 03195

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major If yes, date submitted
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this i. Describe proposed method of sewage disposal.
proposed project. N/A
a. 'Type and number of buildings, facilities, units or
structures proposed 550' guardrail
b. Number of lots or parcels N/A
c. Density (give the number of residential units and the
units per acre) N/A
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. approx. 10' wide by 50' long
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? Yes X No
If yes, date submitted
f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces.
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built -upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. N/A
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X. No
j. Have the facilities described in Item i. above received
state or local approval? N/A
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industriallcommercial effluent,
"wash down" and residential discharges).
Surface runoff from roadway
I. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
m. Will water be impounded? _ Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? N/A
NCDOT Bridge IS SR 1333 Carteret
Applicant or Pro
je
Signature
Date
Revised 03/95

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Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name N. C. Department of Transportation
Address P.O. Box 1587
City Greenville, State N.C.
Zip 27835 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name. Jay Johnson, -NCDOT Div. 2
Address P.O. Box 1587
City Greenville, State N.C.
Zip 27835 Day Phone [phone]
Fax [phone]
c. Project name (if any) Bridge #18Carteret Co.
NOTE: Permit will be issued in name of landowner(s), and'or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
b. City, town, community or landmark
Ot%vay
c. Street address or secondary road number
SR 1333
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) North Leffers Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Drive sheet piles at boat ramp for guard rail
installation and backfill with rip rap. Place rip rap for
shore line and sheet pile protection on existing boat
ramp. Finish installing guardrail on bridge.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c, Will the project be for public, private or commercial
use? Public Transportation
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages. Purpose: To upgrade existine Bridge to
improve the safetv of traffic movement and to
comply with State safetv standards for secondary
road bridge crossings.
METHODS OF CONSTRUCTION: Standard roadway
and bridge construction methods: DAILY
OPERATIONS: Conveyance of vehicular traffic_
Bridge is currently closed to non local traffic)
Revised 03195

Form DCM-MP-1
4. LAND AND WATER n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
CHARACTERISTICS :„� 7 u2 wastewater, industrial/commercial effluent, "wash
1 down" and residential discharges.) Surface Runoff
a. Size of entire tract N/A
o. Describe existing drinking water supply source.
b. Size of individual lot(s) N/A N/A
c. Approximate elevation of tract above MHW or NWL
d. Soil type(s) and texture(s) of tract
Hobucken Muck
e. Vegetation on tract Juncus roemeranus, Distichlis
spicata, Spartina alterniflora Spartina patens
f. Man-made features now on tract Existing concrete
bridge , asphalt road, and concrete boat ramp.
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
_ Conservation ,Transitional
Developed _ Community
X Rural __Other Undeveloped
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? _Yes _No N/A
(Attach zoning compliance certificate, it -applicable)
j. Has a professional archaeological assessment been
done for the tract? _Yes X No
If yes, by whom?
k. Is the project located in a National. Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? No
Ouach documentation, ifavailable)
m. Describe existing wastewater treatment facilities.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following 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 properties. If the applicant is not
claiming to be the owner of said property, then forward
a copy of the deed or other instrument under which the
owner claims title, plus written permission from the
owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by I V 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 an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal

Form DCM-MP-1
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name John Thomas Wells
Address 1746 River Drive
Morehead City, NC 28557
Name Myra E. Lawrence
Address 231 Crow Hill Road
Beaufort, NC 28516
Name Rickv Gillikin
Address 168 Crow Hill Road
Beaufort, N.C. 28516
Name Gerald etux Sullivan
Address 4901 Old Elizabeth Road
Raleigh, NC 27616
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
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact, grant
i • • t 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 the
project.
• 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 $400 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A -1 to 10)
If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 26th day of April 12002 .
Print Name Jay Johnson
Signature ✓
La vi or Audiori=edAgent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
X DCM MP-3
Upland Development
_ DCM MP4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this -.form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
Ramp
Rock
groin
Rock
breakwater
Other -
Guardrail
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Depth Depth
550,
N/A I N/A
a
jut
1. EXCAVATION
a. Amount of material to be excavated from below
MHW orNWL in cubic yards 0
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. High ground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area NCDOT Maintenance
upland disposal site
b. Dimensions of disposal area Annrox. 2 Acres
c. Do you claim title to disposal area?
X Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes _ No
If yes, where? Same
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
_ Yes X No
f. Does the disposal include any area in the water?
_ Yes X No
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
X Bulkhead X -Riprap
b. Length
c. Average distance waterward ofMHW orNWL
5'
d. Maximum distance waterward of MHW or NWL
10,
e. Shoreline erosion during preceding 12 months
0
(Source ojinjormation) Field survey
f. Type of bulkhead or riprap material Sheet pile &
class 2 granite
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap _29 (15'x13x4)
(2) Bulkhead backfill N/A
h. Type of fill material class 2 granite
i. Source of fill material Fountain Ouarry
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes —No
(1) Amount of material to be placed in the water
51x 50'=250 sq ft.
(2) Dimensions of fill area Refer to plat (5' x
50')
(3) Purpose of fill Backfill sheetpile to
support installation of guardrail
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 5' max X 50'
(2) Purpose of fill To stabilize slope at
approach to bridge on northeast side of
bridge.
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Sediment curtain and silt
fence
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Standard road and bridge construction
equipment
c. Will wetlands be crossed in transporting equipment to
project site? _Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
NCDOT Bridge 18 SR 1333 Carteret
Applicant or P ject Name I
Signature
If yes,
Revised 03/95

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Pennit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed 550' guardrail
b. Number of lots or parcels N/A
c. Density (give the number of residential units and the
units per acre) N/A
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. approx. 10' wide by 50' long
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? Yes X No
If yes, date submitted
f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces.
N/A
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built -upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. N/A
h. Projects that require a CAMA Major Development
Pen -nit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
Describe proposed method of sewage disposal.
N/A
j. Have the facilities described in Item i. above received
state or local approval? N/A
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
.'wash down" and residential discharges).
Surface runoff from roadway
I. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
N/A
m. Will water be impounded? —Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? N/A
NCDOT Bridee 18 SR 1333 Carteret
Applicant orProje lame
t.Rvl
Signature
Date
Revised 03/95

CpR-IEeZtT G:u+ ry
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
:. �uu2
5/3/02
Gerald etux Sullivan
4901 Old Elizabeth Road
Raleigh, N.C. 27616
Dear Mr. Sullivan:
This correspondence is to notify you as an adjacent riparian landowner that the North Carolina Department of Transportation
plans to add guardrail to a recently constructed bridge (Bridge # 18)
onsite of his/her property located on _SR 1333 in _Carteret County. The sketch attached accurately
depicts the proposed construction. The proposed action will eliminate the access/use of an existing concrete boat ramp located
within NCDOT R/W on the northwest side of the bridge.
Should you have objections to the proposed construction, please check the appropriate statement below, sign, date, and
return as soon as possible to:
Mr. Bill Arrington
N.C. Dept of Environment and Natural Resources
Morehead City District
Division of Coastal Management
151-B Hwy 24 Hestron Plaza II
Morehead City,'N.C. 28557
Written comments must be received by the Division of Coastal Management within 30 days of receipt of this notice.
NO RESPONSE WITHIN 30 DAYS of receipt of the correspondence will be INTERPRETED AS NO OBJECTION.
Sincerely,
I have no objection to the proposed project as described in this correspondence.
1 have objection to the project as presently proposed and have enclosed comments.
✓r
dat 4 (Signature)
(Date)

GERALD SULLIVAN
DANA SULLIVAN
4901 Old Elizabeth Rd u�2
Raleigh, NC 27616
[phone]
May 14, 2002
Mr. Bill Arrington
NC Dept of Environmental and Natural Resources
Morehead City District
Division of Coastal Management
151-B Hwy 24 Hestron Plaza II
Morehead City, NC 28557
I have, strong objections to the proposed project of installing guardrails on each, side of
Crow Hill Rd for the following reasons:
1. Guardrails were not proposed with the original bridge project
2. Removing the boat ramp was not part of the original bridge project
3. I agreed to the original bridge project as proposed
4. 1 would not have agreed if the boat ramp was removed, or guardrails
installed.
5. I purchased my property (177 Crow Hill Rd) because the boat ramp was
there.
6. The guardrails are unsightly
7. 1 know of no vehicle accidents and no information was provided
concerning vehicle accidents that have occurred within 200 feet of the
bridge
8. 1 suspect the new bridge was larger (wider) than originally planned which
has caused a problem with the boat ramp and guardrails.
9. Lowering the posted speed limit to 35 mph would eliminate the need for
guardrails and would be less costly.
When will we know when and what decisions will be made?
Regards,
erald ullivan�

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 1, 2002
Dwayne H. Alligood, P.E.
Division Maintenance Engineer
NC Department of Transportation
P.O. box 1587
Greenville, N.C. 27835
Dear Mr. Alligood,
The NC Division of Coastal Management hereby acknowledges receipt of your application for State
approval for the proposed road shoulder expansion and guardrail installation on SR 1333 at the
crossing of North Leopard Creek in Carteret County. It was received as complete on June 10,
2002, and appears to be adequate for processing at this time. The projected deadline for making a
decision is August 22, 2002. 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 proposed development. You should post this notice at a conspicuous point along the roadway
where it can be observed from the road. An example would be: nailing the notice card to a
telephone pole or tree along the road right-of-way near the project. Failure to post this notice could
result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by
the appropriate State or Federal agency. Please contact me if you have any questions and notify
me in writing if you wish to receive a copy of my field report and/or comments from reviewing
agencies.
Sincerer,
Bill Arrington
D.O.T. Field
WLA
Enclosure
cc: Charles Jones
Doug Huggett
Ted Tyndall, District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

CAMA PERMIT
APPLIES FOR
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PR il EjtT*.
lk LAdLA CtYJ Skate- liftC S4%Amih-cd9+#%a^ ON -SIR 1335
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COMMENTS ACCEPTED THROUGH
APPLICANT:
NC. Do—r
FOR MORE DETAILS CONTACT
THE LOCAL iPERMIT,OFFICER BELOW:
Ed/ rr
151-13 A/ Y�;-q-Aiiwm 24
Cii)i , AM

7� 1 o .STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR }� SECRETARY
May 10, 2002
Mr. Bill Arrington
Division of Coastal Management 2002
151-B Hwy 24 Hestron Plaza 11
Morehead City, North Carolina 28557
Dear Mr. Arrington:
I am transmitting a copy of completed form DCM-MP-Ifor the replacement of bridge
number 18 located on SR 1333 in Carteret County as required by the Division of Coastal
Management. This bridge replacement was originally permitted by general permit number
28197 with the condition that "sheet pile will be used in the southwest quadrant to prevent
impacts to the concrete pad." After replacement of the bridge it became apparent that the
drop-off created by the concrete pad was a safety hazard and prevented proper installation of
guardrail to protect the bridge railing. Due to the impacts to the concrete pad, the Division
of Coastal Management required the North Carolina Department of Transportation
(NCDOT) to go through the major permit process due to the impacts to the concrete pad
which is used as a boat ramp.
Bridge number 18 was originally built in 1952 by the Bridge Maintenance Unit of the
NCDOT. The Division of Coastal Management issued a CAMA permit for construction of a
boat ramp in this vicinity in 197NCDOT records indicate that a second application for
relocation of the boat ramp was submitted in 1977 and the Department objected to the
location of the boat ramp at the base of the_bridge. NCDOT proposed that the boat ramp be
located at the end of the canal and entirely outside of highway right of way. The
Department does not have any record in our files of how this issue was resolved at that time
but the boat ramp was relocated to the base of the bridge.
North Carolina General Statute 1-45 states that "No person or corporation shall ever acquire
any exclusive right to any part of a public road, street, lane, alley, square or public way of
any kind by reason of any occupancy thereof or by encroaching upon or obstructing the
same in any way, and in all actions, whether civil or criminal, against any person or
corporation on account of an encroachment upon or obstruction or occupancy of any public
way it shall not be competent for a court fo hold that such action is barred by any statute of
limitations." The right of way at this location is not "signed right of way" but has been
maintained,by-the.hCDOT since atleast 1952 when the previous bridge was constructed.
Div[stoNTwo* P.O. Box 1587 • GREENVILLE, N.C. 27835
PHONE [phone] • FAx [phone]

As a result this right of way, has been acquired by the NCDOT by prescription and in
accordance with GS 1-45 it may not then be acquired by any person or corporation through
adverse possession.
Thank you for your assistance in this matter and please contact me if you have any
questions.
Sincerely,
Dwayif(e H. Alligood, P
Division Maintenance Engineer
attachments ("i 5 ?U1J2
cc: Mr. C. E. Lassiter, Jr., PE, Division Engineer

-wd: [Fwd: Bridge # 18, Carteret]]
Subject: [Fwd: [Fwd: Bridge #18, Carteret]]
Date: Mon, 10 Jun 2002 17:52:15 -0400
From: Jay Johnson <[e-mail]>
Organization: North Carolina Department of Transportation
To: Bill Arrington <[e-mail]>
Bill, I hope this helps. I will forward any information Dwayne
gives me onto you. Thanks Jay.
Subject: Re: f Fwd: Bridge #18, Carteret]
Date: Mon, 10 Jun 2002 15:05:25 -0400
From: "Dwayne Alligood" <[e-mail]>
Organization: North Carolina Department of Transportation
To: Jay Johnson <[e-mail]>
CC: Neil Lassiter <[e-mail]>
Jay:
Right of way by prescription is acquired after NCDOT maintains a section of roadway for greater than 20
years. The original bridge was constructed in 1952 and the first boat ramp was permitted in 1974.
Therefore, right of way by prescription exists and existed in 1972 at the latest based on when the original
bridge was constructed.
According to documentation received from the Division of Coastal Management, the permit for the original
boat ramp (185-74) was issued on November 18, 1974 and the permit was renewed, modified, and reissued
on January 16, 1978. NCDOT does not have records indicating when, after issuance of the permits, the
ramp was first built or used.
I have a copy of the sketch referenced in C.R. Edgerton's letter dated 1 I-10-77. 1 will place a copy in your
box and I will also include a letter from Lex Kelly to Edgerton describing the sketch.
Dwayne
Jay Johnson wrote:
Neil/Dwayne, I need some assistance on Bill's questions regarding
Carteret 18. Thanks, Jay
Subject: Bridge #18, Carteret
Date: Fri, 07 Jun 2002 11:46:57 -0400
From: Bill Arrington <[e-mail]>
Organization: NC DENR DCM
To: "[e-mail]" <[e-mail]>
CC: "Brittingham, \"Cathy" <[e-mail]>
Hi Jay,
I hope you are doing well. I'm trying to tie up a few loose end before vacation.
r2

[Fwd: [Fwd: Bridge #18, Carteret]]
I sent 2 GP's to you yesterday.
I was working on Bridge 18 in Carteret and would appreciate a bit more information on the following:
Your letter states that DOT does not have a signed ROW but rather has ROW by
prescription. Could you explain this and give the date DOT actually received legal ROW?
Does DOT have documentation as to when the ramp was first built or used, or when it was
paved?
We have a letter from C.R. Edgerton, dated l 1/10/77, objecting to the modification of the
existing boat ramp. It refers to a sketch prepared by DOH showing an alternate proposed
location for the boat ramp. Do you have a copy of that sketch?
I'll be on vacation next week. Let me know if you have any questions.
Bill

JAMES B. R.
GOVERNOR
ROLINA
)RTATI ON
New Bern, N. C.
Nov. 4, 1977
Ag:
Ji.1r{ i 4 7002
DIVISION OF HIGHWAYS
THOMAS W. ERAC•SHAW, JR.
SECR`TARY V. � � � ✓�
`• �' cb�
Subject: Boat Ramp Off SR 1333 - Carteret County
MEMORANDUM TO M.R.. C. R. ED ERTON:
For your information attached is a plat w nic h shows ar.
existing man trace canal that parallels subject road which
presently has an existing paved ramp that leads from the
canal to the roadway pavement.
Per your request I have talked with Mr. Danny Gillixin,
telephone No. 728-5120, and he advises that he would like
to change this ramp's location, as shown by cross hatched area
indicating "proposed paved ramp At As noted t: s area
would :.e inside of the R/W of this road.
I would recommend that Mr. Gillikin build a ra..p as
denoted on the sketch by a cross hatched area entitled "Paved
ramp #1." This would elL-.i-ate the use of our R;W as a loadin.7
ramp.
If further information is needed, please advise. County
map attached indicates location.
Kindest regards, ,
Lex A. Kelly,:' E-
DISTRICT El,C-1 EER
LAK:hb
Attac'mmerts
4,9�o-: Mr. C. W. Snell

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Gerald ettix SullivanVZov
Regioq4901 Old Elizabeth Roa�p . t 4? �(�
Raleigh, NC 27616 ❑ Return Rif
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I also wish to receive the
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extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
S � ❑ Registered
231 Crow Hill Road ❑ Express Mail
Beaufort, NC 28516 ❑ ReturnReceipt for Merchandise
I also wish to receive the
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1. ❑ Addressee's Address i
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nrt cle Addressed to: M A•Y
Ricky Gillikin
168 Crow Hill Road
Beaufort, NC 2851/6-
6. Si na re: (Addressee rAgent
PS Form 3811, December 1994
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❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandse ❑ COD
7. Date of Delivery
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fouasoseona Domestic Return Receipt

UNITED STATES POSTAL SERVICE
I I I I I IFirst-Class Mail
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• Print your name, address, and ZIP Code in this box •
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N. C. Dept. of Transportation
P. O. Box 1587
Greenville, NC 27835-1587
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I also wish to receive the
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• Print your name and address on the reverse of this form so that we ran return this
extra feel:
card tog.
• AApeenach this form to the front of the mailpiece, or cn the back if space does not
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• The Rehm Receipt will show to whom the artice was delivered and the date
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N. C. Dept. of Transportation
P. O. Box 1587
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