146-76 Doerter, Carl

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State of North Carolina
Department of Natural and Economic Resources
PERMIT
TO EXCAVATE AND/OR FILL
(Re: G. S. 113-229)
NQ
i
Permit No. 146-76
Permit Class
Issued to: Carl R. Doerter NEW
421 Cardinal Drive, Goldsboro, North Carolina 27530
This permit authorizes excavation and/or fill work in Hyde County, N. C.
at Germantown Bay (end of SR 1140) as requested in the permittee's
application dated 6/30/76 & attached plats, 2, no date subject to
the conditions set forth below.
(1) That all excavated materials be confined on high ground behind adequate
dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters.
(2) That no excavated or fill material be placed at any time in any marsh or
waters of the state outside of the alignment of the fill area indicated nL
the plat.
(3) That in order to protect juvenile shrimp populations, no excavation or
filling will be.permitted between the dates of April 1 through September
of any year without the prior approval of the Division of Marine Fisherie
(4) That fill material to be placed behind the bulkhead be stabilized with a
vegetative cover or by some other appropriate means within four weeks after
completion of the filling activity.
(5) That all spoil and disturbed areas be stabilized within four weeks after the
land disturbing activities in order to restrict erosion into adjacent waters.
(6) That the work be conducted in such a manner as to prevent significant
increases in turbidity outside of the area of construction (increases of
25 JTU's or less are not considered significant).
THAT IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART
OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED
PRECISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS
PROVIDED IN G. S. 113-229 (K) AND (L).
That this permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure
to submit such objection shall be interpreted as an agreement of compliance with all permit conditions.
That this permit must be displayed along with a copy of the application and the project plat in the cab (or
pilot -house) of the equipment working on the project, or be easily accessible, on site, to Department person-
nel when the project is inspected.
That any maintenance work or project modification requires further Departmental approval. Subject to
permit renewal, all work must cease when permit terminates.
This permit terminates on December 34 1978 .1 Q��$
Issuing Date: August 17, 1976 ,
Signed by the authority of the Secretary of the
Depart�me t of Natural & Econo %'cc Resources
oe
3
Form D&F-g
Revised 3/76
Edward G. McCoy Diiector
Division of Marine Fisheries

NERNorth Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
July 19, 1976
Date
Mr. James T. Brown, Chief
Estuarine Studies Section
Division of Marine Fisheries
Box 769
Morehead City, North Carolina 28557
Dear Mr. Brown:
The attached copy of an application submitted by:
Carl R. 42oerter
plicant's Name
DIVISION OF
MARINE FISHERIES
EDWARD G. MtCOY
DIRECTOR
BOX 27687, RALEIGH 27611
TELEPHONE [phone]
Germantown Bay - Hyde County
Location of Project County
for a state permit to perform excavation and/or fill work in coastal North
Carolina is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on the
proposed work and return to the Division of Marine Fisheries not later than
ENTIRE FILE ATTACHED. Note: Sincerely,
Doerter responded to your form c�
letter of 7-2 by sending to us
his app. and plats - and deed. Bi w
L. Leo Tilley, Assistant Director
Division of Marine Fisheries
LLT:dah
(Please use reverse side for comments and signature.)

CI (A) This agency interposes no objection to the proposed work.
❑ (B) This agency objects to the project as proposed. The objection is
based upon findings which lead to the conclusion that there will
be one
or more adverse effects as covered in G. S. 113-229
(e) 1-5.
❑
(e)(1) ... that there will be significant adverse
effect
of the proposed dredging and filling on the
use of
the water by the public;
❑
(e)(2) ... that there will be significant adverse
effect
on the value and enjoyment of the property
of any
riparian owners;
❑
(e)(3) ... that there will be significant adverse
effect
on public health, safety, and welfare;
❑
(e)(4) ... that there will be significant adverse
effect
on the conservation of public and private water
supplies;
❑
(e)(5) ... that there will be significant adverse
effect
on wildlife or fresh water, estuarine or marine
fisheries.
❑ (C) Agency
findings relating to item(s) A and/or B are hereby
detailed.
❑
Detailed comments continued on attached sheet.
No objections with the following conditions: (1) That all excavated materials be confined on
high ground behind adequate dikes or other retaining structures to prevent spill -over of solids
into any marsh or surrounding waters; (2) That no excavated or fill material be placed at any
time in any marsh or waters of the state outside of the aligbment of the fill area indicated on
the plat; (3) That in order to protect juvenile shrimp populations, no excavation or filling
will be permittdd between the dates of April 1 through September 30 of any year without the
prior approval of the Div. of Marine Fisheries.
❑ (D) Comments are submitted that do not directly relate to item B but
are relevant to the public interest. (These comments will be for-
warded by the Department of Natural and Economic Resources to
appropriate State or Federal agencies.)
J. T. Brown
Signed
7-19-76
Date

Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
July 19, 1976
MEMORANDUM TO - Jim Brown
From R. D. Nelson
Subject App. for State permit - Carl R. Doerter 6-30-76
Location - Hyde County - Germantown Bay at the end of SR 1140
Investigative process - Site investigated 4-8-76; app. rec. 7-2-76 in Raleigh.
Modification requested 7-2-76 from Raleigh. App. rec. Morehead 7-12-76.
Environmental setting - The project site is located at the end of SR 1140 near
the head of Germantown Bay. The overall site is a lot lying on the east side of
SR 1140, and fronting on the upper end of Germantown Bay. The lot is vegetated
by various grasses, shrubs and underbrush with some hardwood trees and evergreens.
Adjacent to the shoreline, the water's edge is covered by old shell piles and
various types of debris. Very little marsh is present along the shoreline in
the immediate vicinity of the proposed project. The nearshore area adjacent to
the site is covered with oyster shells over what appears to be a mud -sand substrate.
No submerged aquatic vegetation was in evidence at the time of the on -site investi-
gation.
Project description - The applicant proposes to construct an oyster processing fa-
cility at this site. In association with the facility will be a dock and bulkhead.
The bulkhead will run some 222' along the south side of the property, and is to.be
constructed at the mean high water line. Immediately offshore of the bulkhead,
the applicant plans to excavate a boat basin measuring 2122' long by 40' wide to
a depth of 6' MLW. Approximately 11,000 cu.yds. of sand, shells and silt material
will be removed and deposited on the high land immediately behind the proposed bulk-
head. The overall site will be increased in elevation from its present 3' to appro-
ximately 7' at its highest point near the middle of the lot. A seafood processing
plant will be constructed immediately behind the bulkhead on the highland.
Environmental impact - If the project is constructed as proposed, approximately 8M
sq. ft. of sand, shell and mud habitat will be excavated. No marsh grass will be
excavated as a result of this project. The overall bottom substrate should return
to near normal within a relatively short time following construction. Some short-
term turbidity will result during project excavation.
R. D. Nelson

APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL
State of North Carolina y�{l�"� fry . Department of the Army
Department of Natural and Economic Resources y. Corps of Engineers, Wilmington District
(Re: GS 113-229) !(() a I970 (Re: River and Harbor Act of 1899)
Please type or print and fill in all blanks. If the information requested is not applicable, so
indicate by placing N/A in the blank.
Applicant Information:
A. Name
OIV. OF MARINE FISHERIES
2 0214RL
B. Address "_- --- (--1J-�treeio�z'o`r-itoute "-------
o
City or own
City or
State Zip Code
Phone
II. Location of Pro o ed Pr t: -0—T
A. County_ o eccf 1 C — 5/2/ (
B. 1. City, town, community or landmark R/7711lf7-6 j / -_--
2. Is proposed work within city limits? Yes No—X---
C. reek, river, sound or bay upon which project is located or nearest named body of water to project6EAMAM TOW r�
Neflk LND bF S. it q.
III. Description of Operation:
A. I. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length- wid
2. Boat basin length —2/or4S7- wid
3. Fill area
4. Other length width _depth
C. 1. Bulkhead dimensions a, � ? x / I ?
2. Type of bulkhead construction (material) TQ629 DD
D. Excavated material (tot'a/l for ro ec )
1. Cubic yards— 2. Type of material —C�ANJ) /S4j (-
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards IVO /t/E 2. Type of material
IV. Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes _No—&
B. Does the disposal area include any marshland? YesNo x_
C. Disposal area 1. Location CLAKM661J L Vl !� <f) 11&&W
2. Do you claim title to disposal area? _, )! €S
D. Fill material source if fill is to be trucked in
E. How w�i.1�1 excavated material be entrapped or encased? "6 X6991) 00C'72 Yil-RD 15t26X
C�E/f/it1 a t�.E�9
F. Type of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) Al Q
V. Describe Intended Use of Project Area:
FA
1. Private _
2. Commercial ovs/Mcc6C
i
3. Housing Development or Industrial
4. Other
D& F-B7
R.., zna

B. 1 . Lot 6''utu'X G y_g'X-a--5,a�x ms,- 6 `10= $ VC( tkQ&
2. Elevation of lot(s) above mean high water C2
3. Soil type or tcxturc b1A? Y-SNCz(- 1n1X7VVC- to old¢ / �J F
4. Type of building facilities or structures ME W6. ��1N/Iq A* T
5. Method of sewage disposal or treatment,-S—lLG_7_F}&l.C_felR T/ 1✓ /tJf}S7E Aeon-CSS
wRrt r3 IL�cw; — 4�Q�C���t:,_ i�1�5_P_m 0-
9
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes_NoA,—
B, I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesX,--No_
ti
2. Type of discharge tMOCC-$S Tt,R \ KtEY TW Q
3. Location of discharge Sit Ind � pl�iJ
VII. Present rate of shoreline erosion (if known): UN t&N(OW.V
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: A/ONL
IX. Length of time required for project activity: Af- /JK5
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with to e a lication only) or other instrument under which applicant
claims title 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. (Note: Federal law requires the
applicant to be the owner or his designated agent).
B. Attach an accurate work plat drawn to scale on 'z" X 11 white 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 rut stered o
certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served ' 3G� /
Such owners have 30 days in which to submit comments to agencies listed below.
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.
DATE (, `30— %.4_
Send one completed copy each to:
Permit Section
Division of Marine Fisheries
Department of Natural & Economic Resources
P. O. Box 27687
Raleigh, North Carolina 27611
Ph. 919-829-3767
Applicant's Signature
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28401
(Note: attach Corps cover letter)
Ph.919-763-9971 Ext.565
D&F-B2
Rev. 3/74

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MEMORANDUM TO
From
Subject
- John Parker
R. D. Nelson
Mod, request
State Permit 146-76
Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
November 7, 1977
r Carl R. Doerter
We have received a copy of the attached letter to the Corps from Mr. Doerter
requesting a modification of Federal permit cited. In a recent conversation,
Mr. Doerter indicated he would also like to modify the existing State Permit
146-76.
When I investigated the site September 3, 1977, I found that the excavation had
already been completed. Inspector Linwood E. Jones will probably issue a cita-
tion within the next few days. As soon as the court case is cleared up, we can
process the request for an extension of the bulkhead indicated on the plat. The
bulkhead will probably need to be constructed approximately 3' beyond the normal
MHW line because of the presence of oyster shells which must be avoided._ I sug-
gest that you write Mr. Doerter a letter to the effect that we will hold his re-
quest in abeyance until all possible legal action is cleared up in the matter.
Thank you.
Doug Nelson
CC Corps of Engineers

OYSTERS
SEA SCALLOPS
SHRIMP
FISH
CRAB
''TV, _! Pp". , J. 0y3t." "
Homer Johnstone, Col. CE
Department of the Army
Corps of Engineers
Wilmington, North Carolina
RE:
Dear Colonel Johnstone,
Vv�
## SAWC076-N-04)8-123-1007
Please find attached a modified drawing showing the detail of
some additional excavation and bulkhead work that must be done
in order to insure continued growth of our business.
We are most interested in securing a modification to our present
permit to allow this needed work. Please be assured that all
restrictions and guidelines Will be adhered to. For clarification,
this is simply an extension of the work already completed.
Please feel free to contact me by mail or in person at the above
address to answer any questions that may arise.
you in advance, I am,
Car] R Doorter,
Pres'dent
CRD/c . ' /
Enc.

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North Carolina Department of
Natural & Economic Resources
JAMES E..HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
Mr. Carl R. Doerter
421 Cardinal Drive
Goldsboro, N. C.27530
Dear Mr. Doerter:
DIVISION OF
MARINE FISHERIES
EDWARD G. McOOY
DIRECTOR
BOX 769. MOREHEAD CITY 28557
TELEPHONE [phone]
August 23, 1976
At your request, Mr. Connel Purvis sampled the area proposed for exca-
vation under your Permit No. 146-76. The sampling report reveals that
shrimp populations are not now present in sufficient quantities to
warrant the time limit placed on your permit as Condition No. 3. We
are, therefore, deleting the restriction which prohibits excavation
between April 1 through September 30. It should be noted that this
deviation from permit condition is for 1976 calendar year only.
By copy of this letter, I am informing the Corps of Engineers and our
Law Enforcement Section of our decision.
If we can be of further assistance in this matter, don't hesitate to
contact me.
Cordially yours,
R. D. Nelson, -'
Environmental Consultant
RDN/rt
CC Corps of Engineers
Law Enf., Insp. Shannon =
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AMERICAS

DEPARTMENT OF
WILMINGTON DISTR&T G0
UA
IN REPLY REFER TO
SAWC078—N-048-023-0035
JUL 2z �yiy
' pIV. t,�AR• FISH.
pREDGE &
fill MGT.
Mr. Carl
PO Box 25 Doerter
Scranton, NC 27875
25 July 1979
Dear Mr. Doerter:
In accordance with the written est o 7 Octo er 1977 and the
ensuing administrative record, there is inclosed n after -the -fact
permit authorizing excavation of previously completed and
to authorize the construction of a bulkhead with backfill on Germantown
Bay near Germantown, Hyde County, North Carolina.
If any change in the authorized work is required because of unforeseen
or altered conditions or for any other reason, plans revised to show the
change must be sent promptly to this office. Such action is necessary
as revised plans must be reviewed and the permit modified.
Please carefully read your permit. The general and special conditions
are important. Your failure to comply with these conditions could
result in a violation of Federal law. Certain significant general
conditions require that:
1. You must complete your work on or before 31 December 1981.
2. You must notify this office in advance as to when you intend to
commence and complete work.
3. You must allow representatives from this office to make periodic
visits to your worksite as deemed necessary to assure compliance with
permit plans and conditions.
The inclosed Notice of Authorization, ENG Form 4336, must be conspicu-
ously displayed at your worksite.
2 Incl
1. Permit
2. ENG Form 4336
Sincerely yours,
A. A. KOPCSAK
Major, Corps of Engineers
Acting District Engineer
A
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SAWC078-N-048-023-0035
Mr. Carl R. Doerter
BCF w/Incl 1:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, VA 23510
2
25 July 1979
BCF w/Sp. Cond. and Plan:
Mr. R. D. Nelson
NC Division of Marine Fisheries
PO Box 769
Morehead City, NC 28557

MAINTENANCE DRED ING: (1) That when the work authoriae®hemin includes periodic maintenance dredging, It maybe performed
under this permit for �-� years from the date of issuance of this permit (ten years unless otherwise indicated); and (2) That the
X permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging.
II. Special Conditions (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
1. The permittee will stake and flag the proposed bulkhead alignment.
This alignment must be approved by a representative of the Corps of
Engineers prior to any active construction. . • .. .
2. That all excavated materials be confined on high ground behind adequate
dikes or other retaining structures to.prevent spill -over of solids into
any marsh or surrounding waters.
3. That no excavated or fill material be placed at any time in any marsh or
waters of the State outside of the alignment of the fill area indicated on
the plat.
4. That in order to protect juvenile shrimp populations, no excavation or
filling will be permitted between the dates of'April 1 through September 30
of any year without the prior approval of the Division of Marine Fisheries.
This permit shall become effective on the date of the District Engineer's signature.
Permittee hereby accepts and agrees to comply with the terms and conditions of this permit.
PERMITTEE
CARL R. DOERTER-
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
DATE
DATE
DISTRICT ENGINEER,
US. ARMY, CORPS OF ENGINEERS
Transferee hereby agrees to comply with the terms and cond:-ions of this permit.
TRANSFEREE �. DATE
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