117-86 Doerter, Carl

Permit Class ✓ P U PermiA
New STATE OF NORTH CAROLINA 117-86
Department of Natural Roaft kind Community DeveJgp t uent
l4
Caa�}pj ReStiurces'�`j)rjt�t��n$jWon
r, l for " ) X2!? JUL — 1 1986
0 Majabevfl tin, onmental
Concept to. � $
QX Excavatiortapd/orttypbfsuanitoNCGS113.229 ----
Issued to Carl R. Doerter, Route 1, Box 71, Scranton, NC 27875
authorizing development in Hyde County at Germantown Bay, near Germantown
as requested in the permittee's application dated 2114/86 including
attached plats, 2, plan view and cross section, modified by DCM, dated 6/10/86.
/i
This permit, issued on ✓ i � 6 , 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 subject
pernittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The proposed pier extension would not be consistent with 15 NCAC 07H.0208(b)
(6)(E) which requires piers along the same shoreline to be within the estab-
lished lengths. Therefore, the pier extension is hereby deleted.
(2) The bulkhead will not extend waterward more than 3 feet from the normal
water level at any point along its alignment at the time of construction.
(3) All backfill material will be obtained from a highground source and confined
behind the permitted bulkhead.
(4) The fill material will be clean and free of any pollutants except in trace quan-
tities. Metal products, organic materials, or unsightly debris will not
be used.
(5) No excavated or fill material will be placed at any time in any marsh or
surrounding waters outside of the alignment of the fill area indicated on
the plat.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31. 1989
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 DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

VV
'
US
r
Memorandum
To:
John Parker
From:
Subj:
David Gossett
'-for tate Permits
AppliCE
Carlter
Hyde
Date:
5 June 1986
After a review of the applicant's application for permits, I reconunend that if the
permit is issued, the following conditions be placed on it.
(1) The bulkhead will not extend waterward more than 3 feet from the normal water
level at any point along its alignment.
(2) All backfill material will be obtained from a highground source and confined
behind the permitted bulkhead.
(3) No excavated or fill material will be placed at any time in any marsh or surrounding
waters; outside of the alignment of the fill area indicated on the plat.
(4) The proposed pier shall not interfere with the access to any riparian property and
shall have a minimim setback of 15 feet between any part of the pier and the adjacent
property owner's area of riparian access. The line of division of areas of riparian
access shall be established by drawing a line along the channel or deep water in front
of the properties, then draw a line perpendicular to the line of the channel so that
it intersects with the shore at the point the upland property line meets the waters edge.
cc: Charles Jones

D A VIS & DAVIS
ATTORNEYS AT LAW
SWAN QUARTER. NORTH CAROLINA 2788.7
Mr-J I
r I P. O. BOX 277
GEORGE T. DAVIS (1908-1979) TELEPHONE
GEO. THOMAS DAVIS. JR. rlj 0. �II1D) 928-9791
April 21, 1986
Mr. David Gossett, Field Consultant APR 2 9 1986
Office of Coastal Area Management
P. O. Box 1507 --
Washington, North Carolina 27889------- -
Dear Mr. Gossett:
Messrs. Roy ri h and Leroy Bell have contacted
me about the Car Doerter application to enlarge his
bulkhead and to ex nd hi ier. On July 15, 1985, I wrote
you expressing some o r. Garrish's concerns at that time.
We thought the situation had resolved itself. However,
after my conversation with you of a couple of weeks ago, it
appears that Mr. Doerter must have resubmitted his
application.
To reiterate the concerns expressed in my July
15th letter, the concerns of all of the adjacent and some of
the nearby landowners are as follows: First, the con-
struction of the proposed bulkhead is likely to result in
additional erosion to certain lands in which Mr. Garrish has
an interest. Both Mr. Garrish and I understand that the
construction of a bulkhead often results in accelerating the
washing of the shore line of adjacent property. This
additional washing is one of the Mr. Garrish's concerns.
Secondly, both Mr. Garrish on behalf of his family
and Mr. Bell oppose the issuance of the permit to extend the
pier located on the premises for several reasons. First,
extending of this pier will cut off the access of their
property to the water and the existing channel. I am
enclosing a photostatic copy of a portion of a map showing
the land of Archie Garrish Heirs, including Mr. Roy Garrish
and the land that is the subject of this permit. I have
also labeled Mr. Bell's property to show you his proximity
to the proposed project. As you can see, the South end of
the existing pier comes close to a point that is
approximately opposite the Southeast corner of the Garrish
property. The proposed extension and will cut off some of
the Garrish property's access to Germantown Bay and will
inhibit Mr. Bell's access to the Bay and its channel.
I understand that Mr. Doerter or Capt'n Carl's
Seafood, Inc. contend that they are not particularly
interested in having their boats moor on the Westward side
of the pier. I submit that any provisions in this permit
providing such mooring can not be effectively policed even

enforceable Mr. Doerter and the officials of his
,corporation may not intend for any boats to tie. to 'the. West .
side , of the ..pier, but, : it has been :my observation and:-'
�" experience .that if there' is a'pier,• boats 'are going to' tie
�'w anywhere 'they can regardless. of the intent of the pier
r owners ;Tieing, on. the Westward- aide o£" this:',prie:will -
further, .`inhibit- the Garrish- and. Bell;, access toGermantown
Furthermore, 'if this ' pier i s ' ektended" and, boats
tie:. there with. any,regularity, the wash'of.their propellers-
will,'cause substantial filling, of the Garrish 'and Bell
channels: 'out in :the' Germantown Bay. Some of.. these, boats
have propellers 4 feet in. diameter. When, the propellers of
that size turn,'that•causes a huge 'amount of bottom washing:
The' dirt' that `ss washed -from the front of Mr. Doerrter' s pier
:,has,.,
has `to..go,,,somewhere: Mr.' Bell, Mr. Garrish and I all firmly
believe that that somewhere is'going to be in their channels
to -;Germantown; Bay. As 'evidence of this fact there were
recently..two=lioats•that were moored to the eastward side of
Mr.: rpoerter-s�'.or, . Capt'n Carl's property, one of which
allegedly 'got :stuck The boat trying to free itself
together with�the'other,boat that was supposed to be helping
pull_ the first. boat' churned in the water on the eastward
side....`of Mr. Doerter's or Capt'n Carl's property for the
'better:.":part of - a day. This caused substantial filling of
the'channel running up the Northeast fork of Germantown Bay,
causing.:,some of the people that live on that part of the Bay
a.lot•of trouble getting out to the main part of the Bay in
their boats.
If after reading this letter you have any
questions, please let me know.
Sincerely,
Ge'o. Thomas Davis, Jr.
GTDjr:kk
CC:` Mr. Leroy:'Bell
Mr. Ray Garrish

Z � _
-
3 ( �
Y
a
BULKye aJ
.O q
g YPA
Sg °28�4p."ty� ,gO°•+ 6\ �\N _ :r.
Jilp
VID
op
d+'ID^
Q•G'
.f 10
Olpf
SS
(•. j � 1
r _ C �u i �y •. v `.}tr w'lK}�r 1yyy♦ ( S •t-;
( _ 4 ` 1 f, y \iyNl •4 + Air �e �} 'lCr ^h (Y
- / p ",�0 } ` li;�4+�' t J t.�s h �'` '�.>('`'ry•.}y
46
zar?�"1si
.. - r ./.: `. f C '4 nG` to `t s r '' �' A r (/J .. _ • . '..! "Y :�r.... ` `\:?iyhi•�d},�, 3.%�'- �V�[<,,-3,� ,31'+1.1
_. .. ... ,...ti ... >-. .- / ` /. "4'i• .n �1 !i4\_.. b�13�'�.�Cct4T`v-^.'�1 _. ?t3^.rz

cam'
1
I

s �
•r . r ,
b`cP'a rot I:, A ^ C f
q.
"tJ �
1 J e r
f
.e3 ... it ••t �.tL {,+ < f .. ,

F-I
IN'S

i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1B90
WILMINGTON, NORTH CAROLINA 28402.1890
April 1, 1986
IN REPLY REFER TV
Regulatory Branch
SUBJECT: File No. SAWC086-N-048-0153
Mr. John Parker
Division of Coastal Management'
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application ff Mr. Carl R. boerter�or a
Department of the Army permit to exten a p er an construct and
backfill a bulkhead on Germantown Bay, near Germantown, Hyde
County, North Carolina.
The Federal agencies have completed review.of the proposal as
presented by the application and your field investigation report.
We recommend that the following conditions be included in the
State authorization:
a. The bulkhead will not be positioned farther than 3 feet
waterward from the normal water level (NWL) elevation contour at
any point along its alignment.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. No wetland vegetation will be excavated or filled.
d. The fill material will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials, or
unsightly debris will not be used.
e. No attempt will be made by the permittee to prevent the
full and free use by the public of all navigable waters at or
adjacent to the authorized work. Use of the permitted activity
must not interfere with the public's right to free navigation on
all navigable waters on the United States.

L
�1
-2
f. The permittee will maintain the pier and bulkhead in good '
condition and in conformance with the terms and conditions of this "
permit., The permittee is not relieved of this requirement if he
abandons the permitted activity without transferring it to a third
party.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries._,
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889

Tl
IN REPLY REFER TO
Regulatory Branch
UPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
M �R n. N 4iQgb
SUBJECT: File No. SAWCO S(n Al -5-
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
-- Pivers Island
Beaufort, North Carolina 28516
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. Nora Murdock
U. S. Fish and Wildlife Service
Endangered Species
100 Otis Street, Room 224
Asheville, North Carolina 28801
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office 4ox 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
MR. -DAV/1)q L, 0,Q 5 TT
LJ A % H / A[ Pr To/V Regional
Office
North Carolina Division of
Coastal Management
1_Ye2.5/ (14,gnL/Nf>t f�YE/t 1E
Pursuant to SAWC080-N-000-0291, the CAMA-Corps general
permit/processing agreement, a State Field Investigation Report is
enclosed. Your comments and/or recommendations would be
appreciated on or before S" 14pR/L 1gjg6.
Questions or comments may be addressed to /YES( eTDL LY.
Regulatory Branch, telephone (919) 343-Ab ,Z.
Sincerely, 6e, lt/.4L,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure 1.,

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
4 March 1986
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
Carl R. Doerter
Applicant's Name
Germantown Bay Hyde County
Location of Project County
David W. Owens
Director
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; attached; X will be forwarded later.
S'ncer_elyy_
Charles S. Jones, ief
Field Services Section
CSJ:ap:3566
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Carl R. Doerter
2. Location of project site Hyde County, Germantown, Germantown Bay
photo # 89-1067 S-10, T-11, T-12 12-19-84
3. Investigation type: Dredge 6 Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 2-27-86
(B) Was applicant present No
5. Processing procedure: Application received 2-19-86 Office Washington
6. Site description: (A) Local Land Use Plan Hyde County
Land classification from LUP Conservation
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing Septic tank
Planned None
(F)
Type of structures: Existing Mobile home,
Planned Pier extension, bulkhead extension
fishhouse, pier,
bulkhead
(G)
Estimated annual rate of erosion + 2'
Source DCM staff observation
7. Habitat
description:
AREA
(A)
Vegetated wetlands: Dredged
Filled
Other
None N/A
N/A
(B)
Non -vegetated wetlands:
(C)
Other:
Open water
+ 167
sq.ft.
Pier
1175 sq.ft.
(D)
Total area disturbed:
+ 167
sq.ft. 1175 sq.ft.
8. Project summary The applicant is proposing to extend a 65' long. Pier to a length
of 300', and extend an existing bulkhead 167' in length.

r-
(A) This agency has no objection to the project as proposed.
(8) This agency has no comment on the project as proposed.
(C) This agency approves of the project (or project concept) and/or recommends
these minor refinements for project management.
(D) This agency objects to the project and recommends permit denial based on a
finding of:
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e)(1) ... that there will be significant. (e)(2) ... that there will be signifi-
adverse effect of the proposed dred- cant adverse effect on the value
,inand filling on the use and enjoyment of the property of
of the water by the public; any riparian owners;
(e)(3) ... that there will be significant (e)(4) ... that there will be signifi-
advese effect on public health, cant adverse effect on the corn
safety, and welfare; servation of public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(1) Inconsistency with Rules oftheCoastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site
rule.
(3) Inconsistency with the local Land Use Plan (Please elaborate).
(4) Inconsistency with Rules, Guidelines, or Standards of
this agency or a finding that the project is in conflict
with -other authority or interest as stipulated below.
W Attachment. Include memorandum or other documentation that support
findings relating to D1-4 or provide general comments.
�4a UOQL (
Signature
3- u - B4
ate

Environmental setting
The applicant leases a 0.92 acre tract of land at the end of SR 1139 on Germantown
Bay in Hyde County. Located on the property is a mobile home and a fishhouse
which consists of a building with decks, bulkhead and a 65' long pier. Most of
the property is utilized as a parking area on which is located numerous oyster
shells. The portion of the shoreline which is not bulkheaded is covered with
oyster shells also. No marsh is present at the site.
Project proposal
The applicant is proposing the following:
(1) To extend the existing 65' long pier an additional 235' which will result in a
new pier of 300' in length. The pier will be constructed parallel to the adjacent
property line and will be placed 15' from that line.
(2) To construct 167' of bulkhead and backfill the confined area with oyster shells.
The bulkhead will average 1' beyond the NM and will be placed 3' beyond the NWL
at the furthest point.
Environmental impact
If the project is conducted as proposed, no wetlands will be excavated and/or filled.
Concerns which should be reviewed are those associated with what effects, if any,
will additional boat mooring sites have on the Germantown Bay primary nursery area,
and what effects, if any, will the proposed pier have on navigation within the bay.
David L. Gossett - Washington Office - 4 March 1986

EAST CAROLINA UNIVERSITY
REGIONAL DEVELOPMENT INSTITUTE
Willis Building - Corner first and Reade Streets Joe.
Greenville, North Carolina 27834-4353
Phone [phone]
February 13, 1986
District Engineer
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
Dear Sir:
Enclosed please find an application to dredge and/or fill submitted by
Carl Doerter of Capt'n Carl's Seafood, Inc. The project site is located at
the end of S.R. 1139 near Germantown, N.C.
Mr. Doerter would like to extend an existing pier by 235', thereby making
the.pier 300' long from the shore. This will enhance mooring capabilities
of vessels, .which, at present are limited. The extention will be constructed
as per the existing pier. Trawlers will only moor on the east side of the
pier.
In addition, he would like to construct a treated wood bulkhead from the
end of the existing bulkhead to the property line (bee drawing).. This bulkhead
would extend no more than 3'.from the existing shoreline and would be backfilled
with oyster shells. No excavation or destruction of marsh is associated with
the proposal.
Attached is a letter of consent from the property owners, a copy of the
lease, and a copy of the deed. Thank you for your favorable consideration.
of this Yetlueht: _ v _ _... __._._ . .. ___ _ ....,
Sincerely,
Bill 1
Development Specialist
BP/wer
Enclosure
East Caroline University is a constituent institution of The University of North Carolina
An Equal Opportunil ylA//nmative Action Employer

EAST CAROLINA UNIVERSITY
REGIONAL DEVELOPMENT INSTITUTE
Willis Building - Corner first and Reade Streets
Greenville, North Carolina 27834-4353
Phone [phone]
February 18, 1986
Davis 6 Davis
Attorney's at Law
Swanquarter, NC 27885
Dear Sirs:
Enclosed please find an application to dredge and/or fill
submitted in behalf of Carl Doerter. It is my understanding that
you represent the estate of A. D. Garrish, the riparian landowner
of Mr. Doerter.
Since you have the names and addresses of the heirs of the
estate, the 12 copies enclosed are to be distributed as appropriate.
A seperate copy has been sent to Mr. Roy Garrish for his review. I
am forwarding these copies to you upon request from David Gossett,
Field Consultant, N.C. Dept of N.R.C.D.
Thank you for your cooperation.
Sincerely,
B well
Environmen Management
nit
East Carolina University is a constituent institution of The University of North Caroline
An Equal Opportunity/Affirmative Action Employer

APPLICATION
FOR
PERMIT -TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and community Development Corps of Engineers, Wilmington DWAct
(GS 113.229, 143.215.3(a)(1), 143dIS.3(c), 113A•118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
Applicant Information
A..Name-
Last. First
Sal' 7/
Street, P. O. Box or Route
City or Town ` state Zip Code . Phone
Location of Proposed Project:
A.- County
B. \.l:':City, town, communityor landmark 64l11i
` 2. Is proposed work within city limits? Yes_... f1.. J�
C.-Creek, river, sound or bay upon which project is located or nearest named body of water to project
111. Description of Project
A. 1. Maintenanice of existing project 2. New work P/«R 022WW— AUKA.o&M
B. Purpose of excavation or fill
1: Acciss'channel length . width depth
•.':2_ Boat -basin length —width —depth _
.'3. Fill area length width depth
4, Olength 2-21rs_widd A depth
=s,r G; # Bulkhead length r�G7' ;Average distance waterward of MHW (shoreline) ' �3'�rlAlt/ON M
2 Typeof.bulkhead'comtruchon (material)' iQf�lIt11 " LtsCGG
D.•, Excavated.matenal (total for project) N f�
: 1. Cubicyirds -IIMiVB 2. 'Type of material
t E. Fill material to be Placed belot4 MHW (see also VI. A)
1. Cubic yards, Type of material
IV. Land Type, Disposal Area, and Corntruction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No
C.' Disposal Area N fA
1. Location
2. ; Do you claim .title to disposal area? AI IA.
�`
D. Fill material source if fill is to be trucked in
E. Now will excavated material be entrapped and erosion controlled?
F. Type of equipment to be used )A7& AUSD — 7TIACTAQ
G. Will marshland be crossed in transporting equipment to project site? If yes, explain afd
D&F-81
Rev. 10178

Y..:Intended Use o#.Project Area (Describe)
A. 1. Private!
2. Commercial -PL6Ei Hdri_ 9 rhvt eU4 ac ✓E3S�� 5174151LIZ SWM UNIC
3. Housing Development or Industrial
4. Other
B. 1. Lotsize(s) •9V At?E
2. Elevation of lot(s) above mean high water_ 3'
3. Soil type and texture 69MUrJ 40OLM r} Ot.4y
4. Type of building facilities or structures jrMAS&Z 40/pr -- F/.'W s/e iSF
5. Sewage disposal and/or waste water treatment A. Existing_Zi.CrFMO Planned "50AA6
B. Describe I I&
6. 1 Land aassification' (circle one)
VI. Pertaining to Fill and Water Quality:
0 TRANSITIONAL COMMUNITY RURAL
OTHER -(See CAMA Local Land Use Plan Synopsis)
A. Does the proposed project involve the placement of fill materials below mean high water? Yes t: No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project co pletion? Yes —No
2. Type of discharge _�I A'
3. Location ofdischarge --Ar%'
VII. Present rate of shoreline erosion (if known): /r /46ft
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if appliable:544dt*76-M-64I? /.i3-&•Mu1CO7,*-N-p.14--O0l?d; `_d4*~�P A/ OSlBd�3�7:
IX. Length of time required to complete project: 6 MQAe ,45
X In addition to the completed application form, the following items must be provided:
A. Attach a copy of.the deed (with State application only) or other instrument under which applicant
claims titre to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11' Wte paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S."113-229 (d))Enter date served _ _�
D. List names and complete addresses of. -the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
ESTATB_ OVP
XI. Certification requirement: 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.
XIL Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the applica ' n and plat all anticipated devel-
opmeen-t activities, including construction, excavation, filling, anr17 clearing.
DATE
Applica 's Signature
oaF-sz Rev. 10/78 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS

ry
-11
Iro
�cx s7i ss �u�RYt�1oENo5 _sn. ➢n5, -f
9 � �135
5 _t ' ' i P4HiSf �� � EYTLNfNA
.,,....-
'A
GReg Y.. � vX
�F a ENo of EX677g6 O/Ele
ki
19
—s eALu /�. txe2rE¢ t
II /dax 7/
77896'
II S i
j S'R PREAAPED �: _.
Cie✓EL.SP.Ec/auS/
/J1: /-/gun-#m b IV" Aer fiAM40 m4ee
2'xxvnrKH AAteAr AVA. W.47Y.¢
wa-4 7e 64 a4eo AD E31Gc�.re /s4�1/AL vR�EN✓C!E NC. 1
V/C/107'Y m,4�
7f� _ suprs✓,ri.E `� ° � scr R'�.r I
i
r
z ASMAW
m
a-
Ise"

P/CAL %�iE2 UL05iEC%��I
—tenFFFT
s._
S' P�uv4s
o Ta �SGcc
e

, N�
a
l � l
RO1"6 C."BRASWBIL:,,.
43WR432rP. TAYLOR -
BRASWE" BS TAYL_ OR --
ATTORNEYS AT LAW
P. O. BOX 1337
OOLL"380RO. N0147H CAROLINA 97533.1367
February 7, 1985
Mr. Carl Doerter
Route .i Box• 71
Scranton, NC 27875
Dear Mr. Doerter.
This;.,will confirm my: tel
with yo, .relating toc.the prop
-K
night;Upon;:which is nowaocated:
a",which you are renting -,from them.:
owners'of ahe -real.property to ?s
h ;bulkhead extension asAs needed
oa-.Ghe.following conditions:
112 NORTIJ WILLIAM STREET
TELEPHONE [phone]
Ine conversation and conference.
r owned by Linda Heekin.and.Donna
,Capt'n CarlIs-Seafood, Inc , a"nd
I have been -:instructed by the;.
wise rrthat you may .put is `'such'-
.nd a '300-foot pier at.•this site
(1) It is your duty and responsibility to obtain all
permits and authorizations that, -,are necessary from the Corp
of 1ngineert. If a formal application is needed to:=get this
done, either•, they will sign it or I am -authorized to<,sign it
as>theuattorney. ,
(2) Any and all'_improvements-made by you under 'this
suthorszatioa becojae .part of the seal ­.,property' -and -at the
termination of -the rental ;agreement will _become the property
',the osoners:
authority or authorization .to charge anything, or
ny e
' 2ncur an abii'g aon°with any- yr xpectation or`representation.that
owners w3.11' pay or will be responsible to-payauthorized.
If there are any questions concerning this -or,
;.if any repre
sentative; of the .Corp':of Engineers has `.any questions;- please feel
free to-call.meconcerning it. You may,=present- this -letter- to
representatives; -of the Corp of Engineers as your authority to
proceed and I will verify it if called.
Sincerel yours,
.Y� BRAS & TAYLOfi� ATTORNEYS
.co: --Ms. Linda Heekin
Mrs. Donna -Knight

0�.114..
----------i----.......
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
26 July 1985
Mr. car
Route 1,Doe
1
Scranton, North Carolina 27875
Subject: Application for State Permits
Germantown
Hyde County
Dear Mr. Doerter:
David W. Owens
Director
Field Services
P.O. Box 1507
Washington, NC 27889
[phone]
This letter confirms our conversation at your property on 23 July 1985, during which
we discussed your application for state permits to perform various development activities.
As we discussed, since your project is located within a primary nursery area as
designated by the N.C. Division of Marine Fisheries, and since your project has already
produced objections from your adjacent property owner (see attached letter to me dated
15 July 1985), it is important that when you return your application package to me,
it be completed as thoroughly as possible. I hope that you will consider my suggestion
to contact the Regional Development Institute at East Carolina University for
assistance in completing the package.
If you have any questions do not hesitate to contact me,
Sincerely,
&l%Lm-29 A. z6"11-
David L. Gossett
Environmental Consultant
DLG/aht
cc: Zrles Jones - Chief, Field Services Section, DCM
Ken Jolly - U.S. Army Corps of Engineers
P.O. Box 27687, Ralco, North Carolina 27611-7697 Telephone 91%733-2293
An Equal Opportunity Affirmative Action Employer

GEORGE T. DAVIS (1908-1979)
GEO. THOMA9 DAVIS. JR.
DAVIS & DAVIS
ATTORNEYS AT LAW
SWAN QUARTER. NORTH CAROLINA 27885
July 15, 1985
Mr. David Gosset
Field Consultant
Office of Coastal Management
P. O. Box 1507
Washington, North Carolina. 27889
Dear Mr. Gosset:
P. O. 80)( 277
TELEPHONE
No. [phone]
I have in my hand an application for a permit to
excavate and/or fill etc., made by Mr. Carl R. Doerter of
Scranton, North Carolina. As I understand the situation,
Mr. Doerter wishes to construct or enlarge a bulkhead and
extend a pier at his place of business in the Germantown
Community of Hyde County.
One of the adjacent land owners, Mr. Roy Garrish,
contacted me about this application. He tells me that he
opposes the issuance of this permit for several reasons.
First, the construction of the proposed bulkhead
is likely to result in additional erosion to certain land in
which he has an interest, being North of and adjacent to the
proposed bulkhead. Both Mr. Garrish and I understand that
the construction of a bulkhead often results in accelerating
the washing of the shore line of adjacent property. This
additional washing is one of Mr. Garrish's concerns.
Mr. Garrish opposes the issuance of a permit to
extend the pier presently located on the premises because it
will cut off the access of his property to the water and to
the channel. I am enclosing a photostatic copy of a portion
of a map showing the land of the Archie Garrish heirs,
(including Roy Garrish), and the land that is the subject of
this permit. As you can see, the south end of the existing
pier comes to a point that is approximately opposite the
southeast corner of the Garrish property, the proposed
extention will effectively cut off the 61.75 feet of the
South end of the Garrish property from the Germantown Bay.
In addition, the proposed extension will cut off
access to the Germantown Bay Channel from that 61.75 foot
parcel.
The drawing submitted by Mr. Doerter shows that no
boats of his will tie to the westward side of his proposed

extension. If Mr. Doerter is wrong about this, there is no
convenient way that the adjacent property owner can police
this even if your office has authority to issue a permit
prohibiting the use of the westward side of the pier. If
this pier is built and boats of any kind, not just trawlers,
use the westward side of the pier as a dock, the southward
strip of land that was reserved by Archie Garrish when he
deeded the subject land to Mr. Doerter will no longer be
waterfront property excepton the most technical sense.
A final problem that you should be aware of is
that Mr. Doerter has a most tenuous claim to this property.
This land was conveyed to Linda Heekin and Donna Knight by
Charleston Shipyards, Inc. It is my understanding that Mr.
Doerter is leasing the property from Mrs. Heekin and Mrs.
Knight. Under date of April 21, 1983, Mrs. Heekin and Mrs.
Knight gave O. C. Jones, Jr. an option on this property
which he attempted to exercise. Upon the failure of the
owners to convey the property to Mr. Jones, he sued. At the
last session of Superior Court, Judge Frank Brown entered an
Order that did not resolve the matter, but according to Mrs.
Heekin's and Mrs. Knight's attorney, it went to the heart of
their case. Their attorney is appealing this order to the
Court of Appeals. Since it does not appear that Mr. Doerter
has any more than a lease on the land and that his Landlords
are shortly going to be ordered to convey the property to
Mr. Jones (unless the Court of Appeals reverses Judge
Brown), it would appear that the issuance of this permit may
be premature about the consent of Mr. Jones or the entry of
a judgment by the Court of Appeals, reversing Judge Brown.
I am not too clear on the details of the law suit.
You should contact Mr. Roland Braswell of Goldsboro, N. C.
attorney for Mrs. Heekin and Mrs. Knight, and Mr. David
Francisco of Washington, N. C. , Attorney for Mr. Jones, for
the details of this case.

By copies of this letter, I am advising them of my
understanding of the case.
If after reading this letter you have any
questions please let me know.
Sincerely,
Geo. Thomas Davis, Jr.
GTDjr:kk
CC: Mr. Roland Braswell
Mr. David Francisco
Mr. Roy Garrish

a Notary Public Of
County, North Carolina certify that
a Registered Land
Surveyor, persmally appeared before me this day
and edged the due execution of the fart -
going instrunknt Witness v twid and teat this 50.
nth 111. 19�
BAR
:r
i
LEGEND
n
Iron Pipe
Set
`s
Exist. Iron
Pipe
No Point
Set
Railroad
Splke Set,
UNLESS
OTHERWISE
NOTED
t'CS
,N
SCALE
I
I
t •'4
50,
100,
ISO

u _ Q i-) rl
� Lif♦=k i+�i�. �. rF,. p(^ pi . I �:� . t r , - I.,' t e f.
•rL T).;. gU L.K yF .,;` as1 ♦ Yr ?1 i a C: .{
.. A'Q ` r 5 t.: \ . I , (+ 1�. (-♦ i ,per
it YtI
/ `w � ` .[.. r l i tfr-,y ( ry1t Y^' I s. fin•: , r stt�'G r••ri.
�r� far � _ ` � � � y� \ 7. , ', :) r R,r.'1 - t�� I _ .:"•� � ^i'
V\• \I� �a�f"tI'�g� R °. Jr ;� .A, J !r`` \ + r�rT vA Jlt �.
� �✓`�,yj�.:T ,e ♦ neS'i"�L.;� �r-eE
a V .. ♦ � r G) e• r6 J�eQ)1 •n F. ,, I q- 1] I JyM \.�•.
�., � l Q � };/yy r'te "'t . C. f CI•. YY" 1 i:t r� .
17,
n
,e1 t `� ' i .¢�°° ±'e ,fir,+ 1 ♦, Kr ,rfr�� r tr M 4 . � � ✓1 J J.� 'x/
y , .+��J ♦ j •�; ♦ '• s t.''�M ��3}�� a, �.Jrt-4n!•"i{ t ;♦r� ♦ I,q.,.* ♦ � l� t. Y7 2:�' .� .^'�
• � ' ] t `�jn � a • , w A•� i.: f .�y`i." ✓_ .t .'�; t '4: J rW 4i.
:. %�����• 1 �: �..,J"\ 7. 'b pf `d_ ..*I F r.- � ,fd 4 k I- /�^t .. '� ram-/ •
�" t }`^� It � �.- Rl\)r} K jrNs`e. � V"Y r 4� ♦' 1 xn ��'j',,55.' I i µ• -'h\ `a ✓ t V��kr
_) 1 ,��pp� ti^ .� J.�JJC'+�.r GOB,. P y4 �•,% J! +3 (� �y.
iG )�� 4�a�hr♦ l { . r�Cy, wit ��? �t 0�v0�.'r a a). , • ..kt.� r , 'w ^\ r �Y"
.. �Z* '�''fT ` +.r .� �a�l 'tf,• �'Y din t .+. ). � , r J > E! � r sC �in k s
: ., .�'>'e "4qn O �j qy ..` ...,r.'� e"''� �]r.Q� ` k ^X. J"•tc°' y t ..;?'` , ' �%
/'.r v r�S''('•^ i Yj.�b,(c�r'' I + i - F t y >"�w�(:Y ,F,k .la, �`
rr>�r„� I � t i +,{. ir� �i • '9, �� W'.:).s x't' a L)e h.,i(... o. ��
.'ice y ,. � �j�'%;C ¢ rl 1�,•}��ar'� �r _ t y S t:i r
: m..►��_`C't. :i )�♦ i"f' y� y" w .� * 'XC+. Y°�t t ) � r I� s•Y`
�. 4 `j �`F%S J fe'hV Y:�•b '':fit' ,;F;.r d r< - F. t tx�
N; ''J �'"�t- Y � ♦. Y �` gram r t' t ��',
0
.0 ,
LE G E N. D
_._.w • Iron Pipe Set
Exist. Iron Pipe' ;.
0 No Point. Set
0 Railroad Spike_ Sat, UNLESS.
OTHERWISE NOTED
It Notary Publk of
nty; North Carolina certify that v
t �. a Registered Land BAR +'1 SC A L E• ..:
urveyor, persouliy eared before Ina this day _
appeared
-----acknorrkdged the due execution of the tom
nstrument. Witlleas my Land and seat ihb yp'40; I< :i�i,o' 50, Io0'. 150�

' .. • J aSfA$o U
jut 2 51
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S, Thomas Rhodes, Secretary
23 July 1985
Mr. George Thomas Davis Jr., Attorney
Davis & Davis
Attorney at Law
Swanquarter, North Carolina 27885
Subject: axis " Penmits
Mr. 1 Doerter
Germanown amlunity
Hyde County
Dear Mr. Davis:
David W. Owens
Director
Field Services
P.O. Box 1507
Washington, NC 27889
[phone]
This letter is in response to your letter to me dated 15 July 1985, stating your
client's opposition to the application for penmits which was submitted to this office
by Mr. Carl Doerter.
On 25 June 1985, I returned to Mr. Doerter the application that he submitted due to its
inom pleteness, therefore, at this time, no application is being processed by this office.
When Mr. Doerter returns to me a complete application package, processing will resume.
Since I am asking Mr. Doerter for new project plats, I will again ask Mr. Doerter to
notify the adjacent land owners of his project intentions.
I appreciate your letter since it brought to my attention several inportant matters.
Your letter will be kept in our files and will be considered along with any other letters
that you may wish to furnish when processing of the permitis resumed.
If you have any questions do not hesitate to contact me.
Sincerely,
8n.t,-t.m 0,� . a&&-od 1
David L. Gossett
Environmental Consultant
cc: j2harles Jones - Chief, Field Services Section, DCM
Ken Jolly - U.S. Army Corps of Engineers
John Parker - Chief, Major Development Coordination, DCM
P.O. Bmc 27697, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

GEOROE T. DAVIS (fG0s-1979)
BED. THOMAS DAVIB. JR.
DAVIS & DAVIS
ATTORN E Y S AT L A W
SWAN QUARTER. NORTH CAROLINA 27885
July 15, 1985
Mr. David Gosset
Field Consultant
Office of Coastal Management
P. O. Box 1507
Washington, North Carolina. 27889
Dear Mr. Gosset:
P. O. BOX 277
TELEPHONE
No. (Gip) 92E-3761
I have in my hand an application for a permit to
excavate and/or fill etc., made by Mr. Carl R. Doerter of
Scranton, North Carolina. As I understand the situation,
Mr. Doerter wishes to construct or enlarge a bulkhead and
extend a pier at his place of business in the Germantown
Community of Hyde County.
One of the adjacent land owners, Mr. Roy Garrish,
contacted me about this application. He tells me that he
opposes the issuance of this permit for several reasons.
First, the construction of the proposed bulkhead
is likely to result in additional erosion to certain land in
which he has an interest, being North of and adjacent to the
proposed bulkhead. Both Mr. Garrish and I understand that
the construction of a bulkhead often results in accelerating
the washing of the shore line of adjacent property. This
additional washing is one of Mr. Garrish's concerns. '
Mr. Garrish opposes the issuance of a permit to
extend the pier presently located on the premises because it
will cut off the access of his property to the water and to
the channel. I am enclosing a photostatic copy of a portion
of a map showing the land of the Archie Garrish heirs,
(including Roy Garrish), and the land that is the subject of
this permit. As you can see, the south end of the existing
pier comes to a point that is approximately opposite the
southeast corner of the Garrish property, the proposed
extention will effectively cut off the 61.75 feet of the
South end of the Garrish property from the Germantown Bay.
In addition, the proposed extension will cut off
access to the Germantown Bay Channel from that 61.75 foot
parcel.
The drawing submitted by Mr. Doerter shows that no
boats of his will tie to the westward side of his proposed

extension. If Mr. Doerter is wrong about this, there is no
convenient way that the adjacent property owner can police
this even if your office has authority to issue a permit
prohibiting the use of the westward side of the pier. If
this pier is built and boats of any kind, not just trawlers,
use the westward side of the pier as a dock, the southward
strip of land that was reserved by Archie Garrish when he
deeded the subject land to Mr. Doerter will no longer be
waterfront property excepton the most technical sense.
A final problem that you should be aware of is
that Mr. Doerter has a most tenuous claim to this property.
This land was conveyed to Linda Heekin and Donna Knight by
Charleston Shipyards, Inc. It is my understanding that Mr.
Doerter is leasing the property from Mrs. Heekin and Mrs.
Knight. Under date of April 21, 1983, Mrs. Heekin and Mrs.
Knight gave O. C. Jones, Jr. an option on this property
which he attempted to exercise. Upon the failure of the
owners to convey the property to Mr. Jones, he sued. At the
last session of Superior Court, Judge Frank Brown entered an
Order that did not resolve the matter, but according to Mrs.
Heekin's and Mrs. Knight's attorney, it went to the heart of
their case. Their attorney is appealing this order to the
Court of Appeals. Since it does not appear that Mr. Doerter
has any more than a lease on the land and that his Landlords
are shortly going to be ordered to convey the property to
Mr. Jones (unless the Court of Appeals reverses Judge
Brown), it would appear that the issuance of this permit may
be premature about the consent of Mr. Jones or the entry of
a judgment by the Court of Appeals, reversing Judge Brown.
I am not too clear on the details of the law suit.
You should contact Mr. Roland Braswell of Goldsboro, N. C.
attorney for Mrs. Heekin and Mrs. Knight, and Mr. David
Francisco of Washington, N. C. , Attorney for Mr. Jones, for
the details of this case.

By copies of this letter, I am advising them of my
understanding of the case.
If after reading this letter you have any
questions please let me know.
GTDjr:kk
CC: Mr. Roland Braswell
Mr. David Francisco
Mr. Roy Garrish
Sincerely,
te e,r`ellyy,,n
Geo. Davis, Jr.
I

70:
Date:
6 t,q�?'7 a (5:�
®° North Carolina Department of Natural
=pResources & Community Development
f
Division of Coastal Management

. O�,xY ►� vow cA4 �;d#� []x(u Qmk - c
is
H l.%O.nle-
4-. 16p b
Ae 11 pnnn1 .. ccrtt&& 4 L1 122
tQrtk c� L Gcxcw dot 0.
f� .
he
Xt
j�o�j,(� �� JopeS
-��� �-
�
C �

� rc,,�3
State of North Carolina Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
24 June 1985
Mr. Carl R. Doerter
Route 1, Box 71
Scranton, North Carolina 27875
Subject: Application for State Permits
Germanton Bay
Hyde County
David W. Owens
Director
Field Services
P.O. Box 1507
Washington, NC 27889
[phone]
Upon reviewing the recently submitted application for state permits that you resubmitted
to my office, it was observed that the changes and additional information that were
requested during a meeting at your property between you, Mr. Ken Jolly, U.S. Army Corps
of Engineers, and myself, were not included. As you recall, I made a list for you
indicating the needed materials, much of which involved better plat work involving your
proposed pier.
I cannot process your application until adequate materials are received. Enclosed is
the entire package of materials that you submitted to this office. When it is returned
along with the other materials, processing will begin immediately.
If you have any questions do not hesitate to contact me.
Sin re ,
7
David L. Gossett
Environmental Consultant
cc: zerles Jones - Chief, Field Services Section, DQ4
Ken Jolly - U.S. Army Corps of Engineers
DLG/aht
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 27, 1986
IN HLMY NLMN I.
Regulatory Branch
SUBJECT: File No. SAWC086-N-048-0153
------- _' uL,
Mr. Carl R. Doerter
Route 1, Box 71
Scranton, North Carolina 27875
Dear Mr. Doerter:
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received February 20, 1986, for a
Department of the Army permit to extend a pier and construct and
backfill a bulkhead on Germantown Bay, near Germantown, Hyde
County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State -Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that ,your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-048-0153 and will be coordinated by Mr. Ken
Jolly, telephone [phone]. He is available to address
questions or comments you may have.
Enclosdre
J
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
1

Nov 01 1990
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh. North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
October 26,1990
Mr. Carl R. Doerter
Route 1, Box 71
Scranton, North Carolina 27875
RE: Appeal of CAMA Permit
Denial, 86 NRC 208 1
Dear Mr. Doerter;
John C. Hunter
General Counsel
Office of General Counsel
Edwin L Gavin 11
John P. Barkley
David G. Heeter
1. Peter Rascoc, III
James C. Holloway
Leigh L Stallings
Robert R. Gelblum
Billy R. Godwin
Elizabeth E. Rouse
I asked the Division of Coastal Management to reinvestigate
this matter and indicate the conditions under which they would
agree to issuing you a permit.
The Division is willing to modify LAMA Major
Development/Dredge and Fill Permit No. 117-86 to allow you to
extend the pier by 1001. Because there is some question about
how the Coastal Resources Commission's rule on the length of piers
should be applied in this instance, the Commission will have to
grant a Variance to be sure a 100' pier is proper.
The Division has no objection to the Commission granting you
a variance under the circumstances, and your Variance Request can
be presented to the Commission at its December, 1990, meeting.
The Modified Permit will also allow you to construct the bulkhead
that was previously authorized.
If you agree to resolving this matter in this way, you will
have to withdraw your Permit Appeal once you receive the Modified
Permit. Please let me know whether you are willing to settle
this matter on this basis. If you are, I will send you a
Variance Request form so we can get this matter ready for
presentation to the Commission.
P.O. Box 27687 • Raleigh, North Carolina 27611-7687 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer

I thank you for your cooperation in this matter.
Yours truly,
David G. Heeter
Deputy General Counsel
DGH/ah
Cc: Roger Schecter
Preston Patel
Terry Moore/Dave Gossett
John Parker

r
t
Memorandum
PR
To: Dave Heeter OCi 1 $
From: David Gossett Sul/
Through: Terry Moore -'0- 1 z
Subject: Recommendations for Permit Issuance - r-y--`
Carl Doerter
Germantown Bay
Hyde County
Date: 10 October 1990
As a result of your memo to this office dated 21 September 1990. I met with Mr.
Doerter at the project site on 3 October 1990 and discussed with him permit no.
117-86 which expired on 31 December 1989, and his subsequent appeal of condition
no. one of the permit.
During our conversation Mr. Doerter relayed to me many of the same thoughts that
he had relayed to you concerning the length of the pier, that is. he would like
to have the 135' extension that has been previously discussed, but that he could
live with a 100, extension.
While at the site, I also observed the previously permitted bulkhead location.
and decided that the shoreline had changed very little and that no wetland
vegetation had volunteered at the site.
As a result of this site visit. I would like to recommend that permit no. 117-86
be reissued to Mr. Doerter with either the 135' or the 100' extension. I don't
[eel that the 135, extension would create any significant impacts over the 100'
extension. I also would recommend the following conditions be placed on the ne%,
permit:
(1) The bulkhead will not extend waterward more than 3 feet from the normal
water level at any point along its alignment.
(2) All backfill material will be obtained from a higliground source and confined
behind the permitted bulkhead.
(3) No excavated or fill material will be placed at any time in any marsh or
surrounding waters; outside of the aligrunent of the fill area indicated on the
plat.
(4) The proposed pier shall not interfere with the access to any riparian
property and shall have a minimwn setback of 15 feet between any part of the
pier and the adjacent property owner's area of riparian access. The line of
division of areas of riparian access shall be established by drawing a line
along the channel or deep water in front of the properties, then draw a line
perpendicular to the line of the channel so that it intersects with the shore
at the point the upland property line meets the waters edge.
(5) The bulkhead must be constructed prior to any backfilling activities.
(6) The bulkhead must be structurally tight so as to prevent seepage of backfill

rJ �
Page 2
materials through the structure.
(7) The bulkhead must be solid and constructed of treated wood, concrete
slabs, metal sheet piles or other suitable materials approved by department
personnel. No excavation is permitted except for that which may be required for
the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit
does not authorize any excavation waterward of the approved alignment.
(8) The fill material will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials, or unsightly debris will not be
used.
(9) The alignment of the proposed bulkhead must be staked by a representative of
the Division of Coastal Management (DCM) within a maximum of 30 days prior to
the start of construction. Failure to initiate construction within 30 days, or
erosion of the shoreline by adverse weather conditions, will require the
alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
(1.0) No sewage, whether treated or untreated. shall be discharged at any time
from boats using the docking facility. Any sewage discharge at the docking
facility shall be considered a violation of this permit for which the permittee
is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
(11) This permit authorizes only the docks. piers. and other structures and uses
located in or over the water that are expressly and specifically set forth in
the permit application. No other structures, whether floating or stationary,
may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on.
in, or over public trust waters without permit modification.
(12) No attempt will be made by the permittee to prevent the full and free use
by the public of all navigable waters at or adjacent to the authorized work.
(13) The authorized structure and associated activity must not cause an
unacceptable interference with navigation.
If you have any questions do not hesitate to contact me
cc: .Freston Pate
John Parker