62-96 Hurst Harbor North Homeowners Park

Permit Class
NEW
Permit Number
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
■
X for:
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Httrst Harbor North Homeowners Park, P. O. Box 515, Swainsboro, NC 28584
authorizing development in
Swansboro
workplan
Onslow
62-96
County at Foster Creek, Hurst Harbor North S/D, near
as requested in the permittee's application dated 1/23/96,
3, dated received 1/26/96.
including attached
This permit, issued on MAY 2 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Fill
1) Prior to initiation of dredging, the permittee shall remove all visible shellfish from the impact area
and disperse in an adjacent undisturbed area.
2) Excavation shall not exceed 2.5 feet below the mean high water level.
3) No marsh grass will be excavated and/or filled.
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
(See attached sheets 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�ust ce�se�en����rtnit expires on
P�Pr�
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
rQv� 12ogcr N. checter, Director
tvisron of Coastal Management
This permit and its conditions are hereby accepted.
1
Signature of Permitter

Hurst Harbor North Homeowners Park Permit #62-96
Page 2 of 3
ADDITIONAL CONDITIONS
6) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
Bulkhead and Conctruetion
7) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
8) The bulkhead must be constructed prior to any backfilling or other grading activities.
9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure as constructed of treated wood, concrete slabs, metal sheet piles or other suitable
materials.
10) The bulkhead must be solid and approved by Department personnel.
M
11) The proposed 6 foot wide dock must be a minimum of 48 inches above the substrate when
crossing coastal wetlands.
12) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: The proposed driveway grade may lead to excess erosion of the marl surface material.
To reduce potential erosion, the permittee is encouraged to utilize turf block paving
material on the portion of the driveway leading toward the ramp.

Hurst Harbor North Homeowners Park Permit #62-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The proposed developmen tak�" strict accordance with the permit drawings, with
the exception of items altered y p6rpr t conditipn-.
14) The authorized structure and associated ac�tCv't� 1�9y t no cause an unacceptable interference
with navigation. //�� 7
15) No attempt will be made by the permittee to pre fu11 and free use by the public of all
navigable waters at or adjacent to the authorized or .
NOTE: The permittee will maintain the authorized work 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 project without having the permit transferred to a third
party.
NOTE: The permittee and/or his contractor is urged to meet with a Division of Coastal
Management representative prior to project initiation.
PN 'I E Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has authorized the proposed development
under General Water Quality Certification No. 3025 (DEM Project No. 960225) which
was issued on 4/2/96.

Form DCM-MP-I
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Swansboro
a. Landowner:
Name Gertrude L. Hurst Trust
Address P.O. Box 4;!r-8 SOS
City
Swansboro
State N.C.
Zip
28584
Day Phone
[phone]
Fax
b. Authorized Agent:
Name Donald C. Clements Jr.
Address P.O.Box 67
City Atlantic Beach State N.C.
Zip 285-- Day Phone[phone]
Fax
c. Project name (if any) Hurst Harbor North
Homeownara Park
NOTE., Perrot %Q be issued in tame of lantdo r ft), and/or
project none.
2. LOCATION OF PROPOSED
PROJECT
a. County Onslow
C. Street address or secondary road number
S.R. 1511
d. Is proposed work within city limits or planning
jurisdiction? Yes . xx No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay), Foster ' s Bay
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.
nnnlr, lnnnrhing ramp, hnikhPaAc
Anrl 1 annr.hi ng rnmi nhnnnPl _
b. Is the proposed activity maintenance of an existing
project, new work, or both? Nt-y
c. Will the project be for public, private or commercial
Use? P r i va fP
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. Park area for resident
Revised 03195

Form DCM-MP-1
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
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
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 is
the application. The project will be subject to conditions
and restrictions contained•99 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.
Name _Mr. Rarry MatrhhPwc I certify that I am authorized to grant, and do in fact.
Address P-0.13ox 155, Swansboro N.C. grant permission to representatives of state and federal
Phone [phone] review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name John Caddell permit application and follow-up monitoring of the
Address Point Emerald VillasFinara 3 d Islbarject.
Phone [phone] N. C.
I further certify that the information provided in this
Name Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(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.
This is the 1 3 day of :1 Aid . , 19 9 � .
Print Name 5 _I e f) & 1 {- u RsT
Signature rY�4� 4a ,:I4J.0
LM%4 ner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
-X— DCM MP-2
Excavation and Fill Information
g DCM MP-3
Upland Development
g DCM MP-4
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.
lLr� P_!i rI III111 r-' " ?
iJP,is 2
serisrd 031!35

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes _ xx No
f. Does the disposal include any area in the water?
Yes gy No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
xy Bulkhead Riprap
b. Length #1 10, #2 10'
c. Average distance waterward of MHW or NWL
#19 MHW t 7 fr._
d. Maximum distance waterward of MHW or NWL
#1 0.0' #230 ft.
e. Shoreline erosion during preceding 12 months
None.
(Source of inform uion)
f. Type of bulkhead or riprap material
#1 wooden #2 wooden
g. Amount of fill in cubic yards to be placed below
water level
(1) Rpprap
(2) Bulkhead backfill #2, 13 cu. Yds.
h. Type of fill material #1 earthen fill
#2, concrete ramp.
i. Source of fill material imported/ trucked
to site.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
XX Yes No
If yes,
(1) Amount of material to be placed in the
water 13 cu.yd.s
(2) Dimensions of fill area i n , h1r 9,71
(3) Purpose of fill Launch ramp
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes XX No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL.
a. How will excavated or fill material be kept on site
and erosion controlled? silt fences.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe.
c. Will wetlands be cr3ssed in transporting equipment
to project site? _ Yes XX No
If yes, explain steps that will be taken to lessen
environmental impacts.
AppUcant or Project Name
pI
. d", ri
Stg�altue
Date
Revised 03195

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
(Excluding
shoreline
stabilization)
Revised 07l95
Average Final
Usting Project
Length Width Depth Depth
108,
10'
-1'MLW
-2.5'
MLW
27'
10'
0.0'
-2.5'
MLW
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 88 cu. yds .
b. Type of material to be excavated Sand/silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes _M No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area NE corner S. R. 1:
and Ngd Lang-
b. Dimensions of disposal area 20' by 45'
C. Do you claim title to disposal area?
XX Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? XX Yes —No
If yes, where?

Form DCM-hiP4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1)
—Commercial XXCommunity _Private
(2)
Number one
(3)
Length 100 f t .
(4)
Width 6 ft.
(5)
Finger Piers _Yes -XX- No
(i) Number
(ii) Length
(iii) Width
(6)
Platform(s) _ Yes XX No
(i) Number
(ii) Length
(iii) Width
(7)
Number of slips proposed Nnn=
(8)
Proximity of structure to adjacent riparian
property lines 22 ft -
(9)
Width of water body 50o ft
(10)
Water depth at waterward end of pier at
MLW or NWL -1 ft. MLW
b. Boathouse
(including covered lifts)
(1)
Commercial Private
(2)
Length
(3)
Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body -
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete descripdon)
Wood Bridge over marsh to serve
bna} lannrhing ramp Rib= is
10 ft, width by 26 ft. length
Applicant or Project Name
Si{lure
—z3—qct,
Date
1q r3
YYY.FMIop.• uuo�w.0 NSA'

Ln Y
U
0
Q
2
1:
�-:•A
tOPOSED DRIVE qND
FUTURE DISPOSAL AREA
45' X 20'
45'
PIT DUG TO DEPTH
° OF 6 FT. b
N N
SPOIL AREA
45'
100 CU. YDS. SPOIL WILL
FILL PIT 3 FT.' DEPTH.
MATERIAL DUG FROM PIT
WILL BE USED TO FILL
AND COVER PIT. AREA -
WILL BE FERTILIZED
AND SEEDED.;
NO WETLANDS EXIST WITHIN 500'
OF THIS SITE.
WATER TABLE DEPTH
a GREATER THAN 10 FT.
RIGHT OF
WAY OF NED
LANE 60' RiW
w
J.
2
N
W =
Q p
mw
?OUND
m z
w
a
m�
-BRIDGE
RA1Lm
w
MARSH °
WINGWALLS TIE J
BULKHEAD TO `�ptttNaf
EMBANKMENT >III
HIGH WATER LINE BULKHEADS
MARSH AREA TO BE
BRIDGED BY WOOD
RAND
7% SLOPE
10' WIDE PLANKS
WITH 2' SPACES
DETAILS
HURST HARBOR NORTH
HOMEOWNERS PARK
SCALE I' • 20'
END IS 100' FROM M.H. W.
---I6'--- _PILINGS_
t : r.Ay.AAAAI AAA I AAA I' XXXX)
INCHING RAND t' I -2. 5'M. L. W.
i SLOPE
12' T 1 108,
- MEAN LOW WATER LINE
DEPTH— --
VARIES 60 NOTE: DREDGE SPOIL TO BE REMOVED BY TRUCK
sLq,F 2. 6MAX. to s�°TE TO AN UPLAND FILL SITE.
I O'
NOTE: DOCK TO BE BUILT TO CODE.
-2. 5' MI. L.

p0\ Sop
HAWAOCKS BEACH
STATE PARK
LOCATION MAP (NO SCALE)
st
10TES:
ml"�T
"KI
C A o
J ok;
SEAL
L-2460o-g- k- f
0
W
CQ URj c2
CLS
. v Nv
N
MAN LOW WATER IS -I' MEAN SEA LEVEL.
ELEV. ABOVE 0.4Y IS M.S.L.
ELEV. BELOW 0.0' IS MAN LOW WATER.
E.I.P - EXISTING, IRON PIPE.
r 'a
14�
%
FOSTER'S BAY
CLASS SC WATERS
I ci vr
41
0
oi.
L
X-1.46
-2.56>
rh
X-2.69-
MARSH
.. ......... l .......... 51.zr d-w 93:11'
e,
le'
2or X-2.
22' NO
3xO.. ...... ILI
S• X-1. 10
AREA IN AEC
IMPERVIOUS SURFACE 2100 SO. FT.
AREA IN AEC 7249 SO. FT.
ir
PROPOSED IMPROVEMENT
HOMEOWNER'S PARK
O. 3JV14 c. 5 /N ?Alt K HURST HARBOR NORT
SWANSBOR0 TNP. ONSLOW CO.,%
APRIL 24, 1995 SCALE 1"=6C

Permit Class
NEW
STATE OF NORTH-CAROLINA
Department of Environment; Health & Natural Resources
„v and',
Coastal R'esources.Commi'ssion
,T ..erri�it
Major Development _m an Area bRnvtronmental Concern
pursuant to NCGS 1 OA-118:_'-` ­ ,
BJ''AM
X Excavation and/or filling pntstrant to NCGS 113-229
Issued to Hurst Harbor North Homeowners Park, P. O. Box 515, Swansboro, NC 28584
authorizing development in
Swansboro
Onslow
County at
Permit Number
62-96
Foster Creek, Hurst Harbor North S/D, near
, as requested in the permittee's application dated 1/23/96, including attached
workplan drawings, 3, dated received 1/26/96.
This permit, issued on MAY 2, 1996, is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Fill
1) Prior to initiation of dredging, the permittee shall remove all visible shellfish from the impact area
and disperse in an adjacent undisturbed area.
2) Excavation shall not exceed 2.5 feet below the mean high water level.
3) No marsh grass will be excavated and/or filled.
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
(See attached sheets 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 hereunderrequiresfurther Departmental approval.
All work Decemaser P n���ermit expires on
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
—$vrRoger N. checter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pernittee

Hurst Harbor North Homeowners Park Permit #62-96
Page 2 of 3
ADDITIONAL CONDITIONS
6) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
Bulkhead and Construction
7) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
8) The bulkhead must be constructed prior to any backfilling or other grading activities.
9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure as constructed of treated wood, concrete slabs, metal sheet piles or other suitable
materials.
10) The bulkhead must be solid and approved by Department personnel.
Doc
11) The proposed 6 foot wide dock must be a minimum of 48 inches above the substrate when
crossing coastal wetlands.
Sedimentation and Erosion Control
12) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: The proposed driveway grade may lead to excess erosion of the marl surface material.
To reduce potential erosion, the permittee is encouraged to utilize turf block paving
material on the portion of the driveway leading toward the ramp.

Hurst Harbor North Homeowners Park Permit #62-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The proposed development must take place in strict accordance with the permit drawings, with
the exception of items altered by permit condition.
14) The authorized structure and associated activity must not cause an unacceptable interference
with navigation.
15) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
NOTE: The permittee will maintain the authorized work 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 project without having the permit transferred to a third
parry.
NOTE: The permittee and/or his contractor is urged to meet with a Division of Coastal
Management representative prior to project initiation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has authorized the proposed development
under General Water Quality Certification No. 3025 (DEM Project No. 960225) which
was issued on 4/2/96.

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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 _None.
b. Number of lots or parcels One.
c. Density (give the number of residential units and the
units per acre) 0.0 (n8ne2 )
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. _ ?inn mg _ f+
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? N/A Yes N/A No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Marl.
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. 9g %
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 XX No
If yes, date submitted
i. Describe proposed method of sewage disposal.
j. Have the facilities described in
received state or local approval? _
(Attach appropriate documentation)
Item i. above
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).
Rain Runoff.
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
ri A
in. Will water be impounded? _ Yes XX No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N / A
Hurst Harbor Homeowner's Park
Applicant or Project Name
a.
Sig ure
1 -2-3 In 11111I MMrntl11
Date
JAN 2 6 1996 �I
Revised 03/95

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.35 Ac. s +/—
b. Size of individual lot(s) m/ a
c. Approximate elevation of tract above MHW or
NWL 10 ft.
d. Soil type(s) and texture(s) of tract
RanAv T,nam
e. Vegetation on tract R;..e apd barA4,tc3ars
f. Man-made features now on tract Nnnc _
g. What is the CAMA Land Use Plan land
classification of the site? (Cansuk the local land use plan.)
Conservation xX_ Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? XX Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional
done for the tract?
If yes, by whom? .
archaeological assessment been
Yes XX No
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
Are there wetlands on the site? XX_ Yes _ No
Coast`aI (marsh) �`;77`' -"`,Otr°er
If yes; has �a delineation l"e conducted? No.
(Atm aA docuentarian, ifavailabk),
in. Describe existing wastewater treatment facilities.
Nnn a
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial .effluent, "wash
down" and residential discharges.)
amain Rnnnff
o. Describe existing drinking water supply source.
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 projent.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 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 apart of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
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
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
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.
Name Mr. Barry Matthews I certify that I am authorized to grant, and do in fact,
Address P.O.Box 155, Swansboro N.C. grant permission to representatives of state and federal
Phone [phone] review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name John Caddell permit application and follow-up monitoring of the
Address Point Emerald Villas. Empraid Ispaelject.
Phone [phone] N.C.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(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.
This is the 13 day of Z Ad • , 19 q 4 .
Print Name 5 6 pl A LIL%l
Signature A- t� C�l . 4't-�J
finer or Amhotized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
_Y DCM MP-3
Upland Development
x DCM MP-4
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.
n
Revised 03/95
JAN 2 6 1996
- - — - - - - - - -

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Depth Depth
108,
10'
—1'MLW
—2.5'
MLW
27'
10'
0.0'
—2.5'
MLW
A�
m...R,
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 88 cu. yds.
b. Type of material to be excavated Sand/silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes XX No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area NE corner S.R.1511
and Npri Tanp_ —
b. Dimensions of disposal area 20' by 45'
c. Do you claim title to disposal area?
XX Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? XX Yes _ No
If yes, where?
i„
2
FAN
t8iii�i � 6 11.y('7 Iti!
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes xx_ No
f. Does the disposal include any area in the water?
Yes Xy_ No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
x_ Bulkhead Riprap
b. Length #1 10' #2 10
c. Average distance waterward of MHW or NWL
#10 MHW #2 27 ft.
d. Maximum distance waterward of MHW or NWL
#1 0.0, #230 ft.
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
#1 wooden #2 wooden
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill #2, 13 cu. Us.
h. Type of fill material #1 earthen fill
#2 concrete ramp.
i. Source of fill material imported/ trucked
to site.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
XX Yes - No
If yes,
(1)
Amount of material to be placed in the
water 13 cu.yds
(2)
Dimensions of fill area i n , hF 9? 1
(3)
Purpose of fill Launch ramp
b. Will fill
material be placed in coastal wetlands
(marsh),
SAVs or other wetlands?
Yes XX No
If yes,
(1)
Dimensions of fill area
(2)
Purpose of fill
5. GENERAL.
a. How will excavated or fill material be kept on site
and erosion controlled? silt fences.
-b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe.
c. Will wetlands be cr3ssed in transporting equipment
to project site? _ Yes XX No
If yes, explain steps that will be taken to lessen
environmental impacts.
Ai
t or Project Name
X3XYk A i C4. 40L u'J
ig lure
I-2,3—CIlo
Date
Revised 03195

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Swansboro
1. APPLICANT
a. Landowner:
Name Gertrude L. Hurst Trust
Address P.O. Box 41-;8J �s
City Swansboro State N.C.
Zip 28584 Day Phone [phone]
Fax
b. Authorized Agent:
Name Donald C. Clements Jr.
Address P.O.Box 67
City Atlantic Beach State N.C.
Zip 28512 Day Phone[phone]
Fax
c. Project name (if any) Hurst Harbor North
Homeowners Park
NOTE.• Perndt will be issued in mme of /ado er(s), and/or
pwjea name.
2. LOCATION OF PROPOSED
PROJECT
a. County Onslow
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? Yes xx No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Foster' s Bay
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.
T)nolr, lannnhing ramp, hnllncPa Ac
Ana lannnhing ramp nhannal_
b. Is the proposed activity maintenance of an existing
project, new work, or both? New
c. Will the project be for public, private or commercial
Use? Private
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. Park area for residents.
Revised 03/95
iiMwrrru•rorwarrtl�

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial XXXCommunity —Private
(2) Number one
(3) Length 100 f t .
(4) Width 6 f t .
(5) Finger Piers —Yes xx No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes XX No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed None
(8) Proximity of structure to adjacent riparian
property lines 2? ft _
(9) Width of water body 500 ft.
(10) Water depth at waterward end of pier at
MLW or NWL -1 ft. MLW
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d.
Breakwater (e.g.
(1) Length
(2) Average
wetlands .
(3) Maximum
wetlands
wood, sheetpile, etc.)
distance from MHW, NWL or
e. Mooring buoys
(1) Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. OtheI (Give complete description)
Wood Bridge over marsh to serve
bnal- taunrbing ramp_ Size is
10 ft_ width by 26 ft. length.
Applican
t
or Project Name -}-
�P.tini..
Sl✓ ture
1'2�" Itf1
Date
distance beyond MHW, NWL or�,�$1.CJ!!.' 1
tea-
X5"T7L 'J
' Mrwrrrorrr•rrrwu.rr.Mi

SPOIL
1.II
,y SITE
FOSTER' S BAYVA
CLASS SC WATERS
ti P. Fff 90
5 P
• 9qN .ZJ ,�O ���pi �{( (hT S< �' .'.•'� X1.51
i� Oaf ylp 0 flLl'II I l. I ys •..�
HMRAOCKS BEACH i l� ,11 I' X-I'46 +
STATE PARK QpOOP�' '�'� -0. 41
' ........ .. *.MARSH
LOCATION MAP ( NO SCALE) vj., -2.56X
................. 1
.....
...\h3 .. f g LKH
•wa rt,e, nuT ",low - _w- •• ': 9�p :• - X 2. 96
��; •.. (. RO LINE
`,; \ ....�:`:, I/ts>_�(�L'+�wvzl" ::.;�.• ... .... �W'./1 -2.6:
E T
/rnmg•' nr,mru ,.w wm\a ;:' ;r'••a�9.6 ;' i r �, ••• - D RAMPGL9H
CAR
w
r`waGs: a \ •. ..f� :���CQ) �\.\\J\\ \\\ \I\ \Ill�alll•i�llC��I}///I//�iiE�"7 n I„C"•'•'.... A,..•:`i�•r'6Yb ..:w�+-va.. i\•�, w_ 4i a''.s�.M •...'!' ': a
X2. 69
oIV 4OL '
i � _ .`4,G R,�.��L9 VVV 12•...... �rlur .... 16. 14 � MARSH �f,S, � +. r t
SEAL 16 .. :'? 6pzz•lo•w 9a 51•, `•i ,�90 �Y r -o. to ¢
p?r L-24600�: j ^" °' �0, 2 m Xz.ea
�. f�.N�<a i` �.'G ��i9'Y {�� 0 1Br,• \D r` t• � :,
"%.9�0 ����nslUlRily\���� `,: ^ ' g xa ..
1W�........
•„ `t.'Yw ���ii C• CIF.M \J\�� :... F y a $ i� L to
IIIII111b......11
_29 E9' ,0 AREA IN AEC 9
"
g IMPERVIOUS SURFACE 2100 SO FT
�a m AREA IN AEC 7249 SO FT •; 29i
NOTES:
I. MEAN LOW WATER IS -I' MEAN SEA LEVEL. ll� o PROPOSED IMPROVEMENTS
t. ELEV. ABOVE O. O' IS M.S.L..~•'. y ' ° HOME 0 WNER' S PARK
3. ELEV. BELOW O. O' IS MEAN LOW WATER. ' 22� s a ?y �'
I. T. I.P E%ISTING,_{RON PIPE. xx.:. B'/Q' 29'
6 �i- TN �A�K >HURST HARBOR NORTI.
Ito ;.zz SWANSBORO TWP_ ONSLOW CO.,N.i
zz APRIL 24, 1995 SCALE 1"=60'
' NpRo�Dt OF WAy '
d a1GH
6 ,

0
tY
LLJ
m
� cn
0
PROPOSED',..­
FUTURE DISPOSAL AREA loo CU. 'YDS. :'S'POIL WILL
45 :X.� 20
. I I F ILL IT DETH.
.:: MATERIP AL'DUG:TFROMPPIT
.::
WILL BE USED>TO FILL
AND:COV.ER..PIT. AREA
45' WILL BE FERTILIZED
AND SEEDED.:,::
PIT ""DUG '70' DEPTH
b OF 6 FT b
NO WETLANDS:EXIST WITHIN 500'
SID
OF THIS SITE.
WATER TABLE DEPTH
b GREATER THAN 10 FT.
RIGHT OF WAY OF
WINGWALLS TIED,.':;
BULKHEAD BULKHEAD TO
EMBANKMENT 1pl%llmf I"
BULKHEADS
HIGH WATER LINE: -)
26'
R/W
ow
wa
xw
o
5' WIDE WOOD DOCK'
16'
............
4"CONCRETE
LAUNCHING RAMP/
.21% SLOPE `
w
I q• AREA To BE11, 108'
MARSH
:BRIDGED BY WOOD
s
:RAMP
.
. 7x SLOPE MEAN LOW WATER LINE
AC 10":IWIDE PLANKS
CR 7CH�NNELL, 4N 4ITH.2".SPACES
1) 60'
VARIES NOTE: DREDGE,SPOIL TO BE REMOVED BY TRUCK
TO Stop 2. 6' MAX. TO,�AN,UPLAND FILL SITE.
Zo
NOTE: Dock,TO::BE BUILT TO CODE.
-2. 5' &L L. A

0
CROSS SECTION
HURST HARBOR NORTH
HOMEOWNERS PARK
NO SCALE
< xt
Q
a
w
2
Y
J
N
m II
O
Q
T �2 /"g
BACKF ILI m MEAN HIGH WATER
' CONCRETE cphC'?tF,
FILL' R-9 MEAN LOW WATER
1p
a i TO BE EXCAVATED
MARSH 26' 'RAMP 27'
„R'

Permit Class Permit Number
NEW 62-96
STATE OYNORTH CAROLINA
Department of Environment Health'& Natural Resources
and;. .
Coastal Resources,Comini,ssion
33,
rrutt
X ;..':n anAm- a ;}f .
Major DevelopmenCiof Environmental Concern
pursuant to NCGS
X Excavation and/or filling p`ursriant to NCGS 113-229
Issued to Hurst Harbor North Homeowners Park, P. O. Box 515, Swansboro, NC 28584
authorizing development in Onslow County at
Swansboro
, as requested in the permittee's application dated
workplan drawings, 3, dated received 1/26/96.
Foster Creek, Hurst Harbor North S/D, near
1/23/96, including attached
This permit, issued on MAY 2, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Fill
1) Prior to initiation of dredging, the permittee shall remove all visible shellfish from the impact area
and disperse in an adjacent undisturbed area.
2) Excavation shall not exceed 2.5 feet below the mean high water level.
3) No marsh grass will be excavated and/or filled.
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
(See attached sheets 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 ust ce a whhen $ ermit expires on
Decem er 31. 19e4�
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
--Bva—Roger N. checter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Hurst Harbor North Homeowners Park Permit #62-96
Page 2 of 3
ADDITIONAL CONDITIONS
6) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
Bulkhead and Construction
7) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by•adverse weather conditions, will require the alignment to be re -staked by'DCM within a
maximum of thirty (30) days'prior to the new expected start of construction.
8) The bulkhead must be constructed prior to any backfilling or other grading activities.
9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure as constructed of treated wood, concrete slabs, metal sheet piles or other suitable
materials.
10) The bulkhead must be solid and approved by Department personnel.
Dock
11) The proposed 6 foot wide dock must be a minimum of 48 inches above the substrate when
crossing coastal wetlands.
Sedimentation and Erosion Control
12) All disturbed areas will be properly graded and provided a groin nd cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: The proposed driveway grade may lead to excess erosion of the marl surface material.
To reduce potential erosion, the permittee is encouraged to utilize turf block paving
material on the portion of the driveway leading toward the ramp.

Hurst Harbor North Homeowners Park Permit #62-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The proposed development must take place in strict accordance with the permit drawings, with
the exception of items altered by permit condition.
14) The authorized structure and associated activity must not cause an unacceptable interference
with navigation.
15) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
NOTE: The permittee will maintain the authorized work 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 project without having the permit transferred to a third
party.
NOTE: The permittee and/or his contractor is urged to meet with a Division of Coastal
Management representative prior to project initiation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has authorized the proposed development
under General Water Quality Certification No. 3025 (DEM Project No. 960225) which
was issued on 4/2/96.

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Swansboro
a. Landowner:
Name Gertrude L. Hurst Trust
Address P.O. Box 49$ 6-15
City Swansboro State N.C.
Zip 28584 Day Phone [phone]
Fax
b. Authorized Agent:
Name Donald C. Clements Jr.
Address P.O.Box 67
City Atlantic Beach State N.C.
Zip 28512 Day Phone[phone]
Fax
c. Project name (if any) Hurst Harbor North
Homeowners Park
NOTE: Permit will be issued in r of landowner ft), and/or
project came.
2. LOCATION OF PROPOSED
PROJECT
a. County Onslow
c. Street address or secondary road number
S.R. 1511
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) _ _Foster' s Bay
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.
nnnlr, lannnhing ramp, hnllncParlc
and lannnhing ramp nhannal_
z
b. Is the proposed activity maintenance of an existing
project, new work, or both? New
c. Will the project be for public, private or commercial
use? P r i va i-a
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. Park area for residents.
Revised 03/95
iNrwrrrrr Nr urrwurrNi*

Form DCM-MP-I
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.35 Ac . s +/—
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL 10 ft.
d. Soil type(s) and texture(s) of tract
Randy Loam
e. Vegetation on tract pi., ;a p d bar&xpciqs
f. Man-made features now on tract Nnno _
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local rand use plan.)
Conservation xx Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
None.
i. Is the proposed project consistent with the applicable
zoning? XX Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes XX 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 Y-z No
1. Are there wetlands on the site? C— Yes No
Coasiai�� s j� `�`fOt'�er
If yes; has a delineation beets conducted? No.
(Attach docamentadon, !f available)
. t.
Revised 03/95
in. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
Pain Rnnnff
o. Describe existing drinking water supply source.
Narye
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 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 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

Form DCM-MP-1
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
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Mr. Barry Matihpws
Address P.O.Box 155, Swansboro N.C.
Phone [phone]
Name John Caddell
Address Point Emerald Villas. 'Emerald
Phone [phone]
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement or 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 PERNIISSION
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
I s poject.
N.C.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 1.3 day of Z rio . , 19 9b.
Print Name 5It 6 k I a �I R S T. _
Signature AJL1 4Ji.�+Q
�
�d — or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
_X— DCM MP-3
Upland Development
x DCM MP-4
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 03195
JAN 2 6 5986
�oo����w�au�ne4YG

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 WWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average rims
Existing Project
Leneth Width Depth Depth
108'
10'
—1'MLW
—2.5'
MLW
27'
10'
0.0'
—2.5'
MLW
rc yr�a���'sii
a
mot,.
.
�
.
�.. ,
d;ra'.�'.
'T" w
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 88 cu. yds.
b. Type of material to be excavated Sand Isilt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _Yes _g No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL,
a. Location of disposal area NE corner S.3.1511
and NPd TenP
b. Dimensions of disposal area 20' by 45'
c. Do you claim title to disposal area?
XX Yes _ No
If no, attach a letter granting permission from the
owner.
U,
Will a disposal area
maintenance? XX Yes
If yes, where?
be available for future
No
g �rsn
JAR H a t-7"l tii
Revised 03/95
rrrecrrwu ru r rrrruwdrww+rib

a aJPy4 y`PA
up ova �• �P,`.�P
�s
HAN48OCKS BEACH i yCQy
STATE PARK AQ•
LOCATION MAP (NO SCALE)
Wl"MTWI.wrwo
w0(n W. 1 T TILL "TIO w
Illh�
� ERF
=AL
2460
NOTES:
I. MEAN LOW WATER IS -I' MEAN SEA LEVEL.
!. ELEV. ABOVE 0.0` IS M.S.L.
I. ELEV. BELOW 0.0' IS MEAN LOW WATER.
1. E.I.P • EXISTING -IRON PIPE.
• HpRRi Ny OP wp'I ':.'.
ro
0
•u
h
I
2c
�
�22'
.g 4..
z9•....
"A
A
.X L 11
X1.96••;a'
;;-.:.FOSTERS BAY
CLASS SC WATERS
o� � •t �
+� 1f
A
�JANISM
. ys;.. .
. Jilt: °:..• tHEAD a
f i, ,1III 0 L
y:- lllu' Od FR.. 9G1
X 1.46
98
v
-2. 56X
7,..•..i• ''moo uu ..
16. 14` .MARSH
o X-o. t0
.......... 9. •si s 51'xz'
s +�,
p� '4C� X 2. 89
20'' '1a•
•i'
71
X-I. 10
( (
f/
AREA IN AEC
:
8 IMPERVIOUSSURFACE
2100 SO '
FT.:,,
W AREA IN AEC 7249
SO. FT:.,
'' - 29i
o
PROPOSED IMPROVEMENTS
" 1
::..HOMEOWNER'S PARK
0.3614c.5 INPAAK
'HURST HARBOR NORTI.
ii SWANSRORO TNP- ONSLOW CO.,N.i
APRIL 24, 1995 SCALE 1"=60'
ti

PROPOSEDIDRIVe, .AND
FUTURE DISPOSAL AREA
45' ::: L I .
2 0
PIT DUG TO DEPTH
OF 6: FT.
SP0.1 L :::;,"AREA
45'
b
IL WILL
WILL BE USED:70 FILL
AND'COVER:'PIT. AREA
WILL BE FERTILIZED
AND SEEDED;.
of
NO
WATER TABLE DEPTH
GREATER THAN 10 FT.
RIGHT OF WAY OF
NEVLANE
60' R/W
w.
iOUND
M Z.
RAM�O-
• .:.BRIDGE
, X..:. . � � I
MARSH
t�JVW AN A Wit N I
EAN HIGH WATER LINE,
AC
CHANNEL
:AA
EXIST WITHIN 500' DETAILS
flS, SITE. HURST HARBOR NORTH
:':HQMEOWNERS PARK
.�BULKHEADS LAUNCHING'RAMPI'l 12. 5.,M. L. W.
21Y SLOPE
26' ST AREA TO BE DREDGED
ARSH ..•
AREA TO BE W 108'
RIDGED
RAW
SLOPE
10" WIDE PLANKS MEAN LOW WATER LINE
WITH 2'.SPACES
CR
60'
VARIES NOTE: DREDGE -SPOIL TO BE REMOVED BY TRUCK
70 TO AN UPLAND FILL SITE.
2. 6,' MAX. SLQT
SCOPE 110
NOTE: DOCK TO BE BUILT TO CODE.
10.
5' M. L. W
I

Permit Class
Permit Number
NEW
STATE
Department of Em
X Major Devi
pursuant to
X Excavation
Resources
Concern
r
pursuant to NCGS 113-229
Issued to
Hurst Harbor North Homeowners Park, P. O. Box 515, Swansboro, NC 28584
authorizing development in
Swansboro
Onslow
62-96
County at Foster Creek, Hurst Harbor North S/D, near
as requested in the permittee's application dated
workplan drawings, 3, dated received 1/26/96.
1/23/96, including attached
This permit, issued on MAY 2, 1996, is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Fill
1) Prior to initiation of dredging, the permittee shall remove all visible shellfish from the impact area
and disperse in an adjacent undisturbed area.
2) Excavation shall not exceed 2.5 feet below the mean high water level.
3) No marsh grass will be excavated and/or filled.
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pemtittee 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 hereunderrequiresfurther Departmental approval.
All work December 31 n $permit expires on
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
- 8�oger N. checter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Hurst Harbor North Homeowners Park Permit #62-96
Page 2 of 3
ADDITIONAL CONDITIONS
6) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
Bulkhead and Construction
7) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
8) The bulkhead must be constructed prior to any backfilling or other grading activities.
9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure as constructed of treated wood, concrete slabs, metal sheet piles or other suitable
materials.
- 10) The bulkhead must be solid and approved by Department personnel.
Dock
11) The proposed 6 foot wide dock must be a minimum of 48 inches above the substrate when
crossing coastal wetlands.
Sedimentation and Erosion Control
12) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: The proposed driveway grade may lead to excess erosion of the marl surface material.
To reduce potential erosion, the permittee is encouraged to utilize turf block paving
material on the portion of the driveway leading toward the ramp.

Hurst Harbor North Homeowners Park Permit #62-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The proposed development must take place in strict accordance with the permit drawings, with
the exception of items altered by permit condition.
14) The authorized structure and associated activity must. not cause an unacceptable interference
with navigation.
15) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
NOTE: The permittee will maintain the authorized work 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 project without having the permit transferred to a third
party.
NOTE: The permittee and/or his contractor is urged to meet with a Division of Coastal
Management representative prior to project initiation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has authorized the proposed development
under General Water Quality Certification No. 3025 (DEM Project No. 960225) which
was issued on 4/2/96.

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Envii6nment,4Iealtfi & Natural Resources
andp.., �
CoastalR'esources Commrsston
�Prn�It
P y
X Major Develcij a ;fn an Area of Environmental Concern
pursuanttoNCGS 113A-118,i'.>'•
QUAM
X Excavation and/or filling puisiiant to NCGS 113-229
Issued to Hurst Harbor North Homeowners Park, P. O. Box 515, Swansboro, NC 28584
Permit Number
62-96
authorizing development in Onslow County at Foster Creek, Hurst Harbor North S/D, near
Swansboro 1/23/96 including attached
as requested in the permittee's application dated
workplan drawings, 3, dated received 1/26/96.
This permit, issued on MAY 2, 1996 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Fill
1) Prior to initiation of dredging, the permittee shall remove all visible shellfish from the impact area
and disperse in an adjacent undisturbed area.
2) Excavation shall not exceed 2.5 feet below the mean high water level.
3) No marsh grass will be excavated and/or filled.
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
(See attached sheets 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 hereunderrequiresfurther Departmental approval.
All work December 31 n t permit expires on
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
—$vrRoger N. checter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Horst Harbor North Homeowners Park Permit #62-96
Page 2 of 3
ADDITIONAL CONDITIONS
6) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
Bulkhead and Construction
7) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
8) The bulkhead must be constructed prior to any backfilling or other grading activities.
9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure as constructed of treated wood, concrete slabs, metal sheet piles or other suitable
materials.
10) The bulkhead must be solid and approved by Department personnel.
Dock
11) The proposed 6 foot wide dock must be a minimum of 48 inches above the substrate when
crossing coastal wetlands.
Sedimentation and Erosion Control
12) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: The proposed driveway grade may lead to excess erosion of the marl surface material.
To reduce potential erosion, the permittee is encouraged to utilize turf block paving
material on the portion of the driveway leading toward the ramp.

Hurst Harbor North Homeowners Park Permit #62-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The proposed development must take place in strict accordance with the permit drawings, with
the exception of items altered by permit condition.
14) The authorized structure and associated activity must not cause an unacceptable interference
with navigation.
15) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
NOTE: The permittee will maintain the authorized work 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 project without having the permit transferred to a third
ply.
NOTE: The permittee and/or his contractor is urged to meet with a Division of Coastal
Management representative prior to project initiation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has authorized the proposed development
under General Water Quality Certification No. 3025 (DEM Project No. 960225) which
was issued on 4/2/96.

Permit Class
PermitNumber
NEW
STATE OF,NPAr:T�'H-CAROLINA
Department of Environment�Health & Natural Resources11
Major Development m an Area of Enviiorimental Concern
pursuant toNCGS 113A`- 1$�p ,*
)U'r A o>"
X Excavation and/or filling pi
Issued to Hurst Harbor North Homeowners Park, P
authorizing development in
Swansboro
to NCGS 113-229
O. Box 515, Swansboro, NC 28584
Onslow County at
62-96
Foster Creek, Hurst Harbor North S/D, near
.as requested in the permittee's application dated 1/23/96, including attached
workplan drawings, 3, dated received 1/26/96.
This permit, issued on MAY 2, 1996 -,is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and ) till
1) Prior to initiation of dredging, the permittee shall remove all visible shellfish from the impact area
and disperse in an adjacent undisturbed area.
2) Excavation shall not exceed 2.5 feet below the mean high water level.
3) No marsh grass will be excavated and/or filled.
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pennitee 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 hereunderrequiresfurther Departmental approval.
All work Deeemberwfn thgermit expires on
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
—Bv-,—Roger N. checter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Hurst Harbor North Homeowners Park Permit #62-96
Page 2 of 3
ADDITIONAL
6) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
Bulkhead and Construction
7) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty. (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
8) The bulkhead must be constructed prior to any backfilling or other grading activities.
9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure as constructed of treated wood, concrete slabs, metal sheet piles or other suitable
materials.
10) The bulkhead must be solid and approved by Department personnel.
Dock
11) The proposed 6 foot wide dock must be a minimum of 48 inches above the substrate when
crossing coastal wetlands.
Sedimentation and Erosion Control
12) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: The proposed driveway grade may lead to excess erosion of the marl surface material.
To reduce potential erosion, the permittee is encouraged to utilize turf block paving
material on the portion of the driveway leading toward the ramp.

Horst Harbor North Homeowners Park Permit #62-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The proposed development must take place in strict accordance with the permit drawings, with
the exception of items altered by permit condition.
14) The authorized structure and associated activity must not cause an unacceptable interference
with navigation.
15) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
NOTE: The permittee will maintain the authorized work 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 project without having the permit transferred to a third
party.
NOTE: The permittee and/or his contractor is urged to meet with a Division of Coastal
Management representative prior to project initiation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The Division of Environmental Management has authorized the proposed development
under General Water Quality Certification No. 3025 (DEM Project No. 960225) which
was issued on 4/2/96.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hurst Harbor North Homeowners Park / Mrs. Venice Cook Trustee
2. LOCATION OF PROJECT SITE: near Swansboro, on Foster Creek between Lots 9 and 10 at the
end of Harold Avenue, in Hurst Harbor North Subdivision, Onslow County
Photo Index - 1989: Strip #27 Frame #1133 @ G-9 & 10
State Plane Coordinates - X: 2559600 Y: 342000
USGS 7.5 min Topographic Map "HUBERT" photo revised 1983
3. INVESTIGATION TYPE: CAMA and Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 1995 and 13 February 1996
Was Applicant Present - No and No
5. PROCESSING PROCEDURE: Application Received - 26 January 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Onslow County LUP Up -Date
Land Classification From LUP - Developed / Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private Residential / Community Access
(E) Wastewater Treatment: Existing - Onslow County Water & Sewer System
Planned - No hook-up at Park
(F) Type of Structures: Existing - None
Planned - Driveway, Ramp, Bulkhead, Channel
(G) Estimated Annual Rate of Erosion: Nominal
Source - Stable fringe marsh.
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Foot Print
Saltmarsh cordgrass / Ramp
260 sq.ft.
/ Pier
180 sq.ft.
(B) Non -Vegetated Wetlands
Intertidal Creek Bottom / Ramp
270 sq.ft.
/ Pier
270 sq.ft.
/ Access Channel
1,824 sq.ft.
(C) Other: Highground / Driveway
7,200 sq.ft.
180 sq.ft.
4,200 sq.ft.
(D) Total Area Disturbed: Approximately 14,424 sq.ft.
(E) Primary Nursery Area: NO
(F) Water Classification: 'SC' Open: NO
8. PROJECT SUMMARY: The applicant proposes to develop a community water access site with the
construction of a marl driveway, a wooden/concrete boat ramp and an excavated entrance channel.

FIELD INVESTIGATION REPORT:
HURST HARBOR NORTH / HOMEOWNER'S PARK
PAGE #2
9. NARRATIVE DESCRIPTION: The project site is located on Foster's Creek south
west of Swansboro off SR #1511 (the Hammock's Beach Road) in Hurst Harbor North
Subdivision at the end of Harold Avenue between lots 9 and 10. The development is
located in an unzoned section of Onslow County. The project site consists of
approximately 0.35 acres of highground property flanked on the east and west sides by
coastal wetlands. The Homeowners Park is an elevated piece of land with general
contours that range from 24 feet near the paved road to 10 feet near .the shoreline.
Hurst Harbor North is an extension of the original Hurst Harbor Subdivision that was
developed about 4 years ago. That development received a CAMA Major Permit 133-
92 authorizing the construction of another community boat ramp and access pier off
John L. Hurst Drive on the Intracoastal Waterway. The SC surface waters of Foster's
Creek are closed to shellfishing due in part to the proximity of Swansboro's wastewater
treatment plant at the head of creek. The subdivision is serviced by county water and
sewer. A review of other resource information indicates that the project site is located
in the vicinity of possible archaeological sites.
Mrs. Venice Cook of Swansboro represents the applicant, Gertrude L. Hurst Trust.
The Trust is developing Hurst Harbor North Subdivision and the proposed
Homeowners Park. Mr. Donald C. Clements, Jr. has furnished the technical assistance
to the completed application and has surveyed the site as shown of the respective
workplat drawings. It is worthwhile to mention that a Minor CAMA Notice of
Violation was issued on February 20, 1996 to the developer for land disturbing
activities that were under taken on the Park property without permit authorization.
The applicant proposes to develop a community park and launching facility by
providing pier, boat ramp and an access channel in Foster's Creek. A significant
amount of earth removal will be required to develop a finished slope and grade that
will provide proper elevation and access to the boat ramp. Retaining walls are
scheduled for construction along the sidelines of the property as shown on the workplat
drawing. These highground structures will help support the required depth of grade.
The over burden will be trucked off site. As the workplat drawings show, a marl
driveway with turn around loop will connect the street end with the proposed ramp.
The ramp has been designed as a wooden pile structure elevated over the 26 foot fringe
of saltmarsh cordgrass. Once passed the marsh, a vertical bulkhead and concrete fill
will be used to extend the ramp an additional 27 feet into the creek. During mean low
tide, most of the area in front of the marsh is an exposed mud flat with "coon" oysters
present along the shoreline. Because of the shallow water conditions, an access
channel will have to be excavated approximately 108 feet long by 10 feet wide by -1
foot to connect the natural -2.5 foot waters in the creek. The position of the ramp on
the shoreline, maximizes existing depths in the shallow water creek. It is anticipated
that a small barge mounted excavator will remove approximately 88 cubic yards of
silty sand and mud from the proposed alignment. The spoils will be transported by
truck to the northeast corner of SR #1511 at Ned Lane. In order to accommodate the

FIELD INVESTIGATION REPORT:
HURST HARBOR NORTH / HOMEOWNER'S PARK
PAGE #3
necessary grades of the highground property and the offshore ramp, 2 bulkheads will
be constructed, Bulkhead #1 (10ft. long) is scheduled for construction just landward of
the marsh grass where the new driveway meets the wooden ramp. Bulkhead #2
(27ft.long) will be located in Foster's Creek at the end of the wooden ramp on the
waterward side of the marsh. The project plans call for the construction of wooden
pier on the left hand side of the boat ramp to accommodate loading and unloading
personal gear and pedestrian traffic. The pier will measure 6 feet wide by 100 feet
long.
10. ANTICIPATED IMPACTS: On the highground, approximately 7,200 square feet of
elevated property will be modified by the grading and sloping requirements for the
proposed boat ramp. The marl driveway scheduled for construction will occupy about
2,100 square feet on the hill. In the area of the saltmarsh cordgrass, the wooden pier
and elevated boat ramp will generate a foot print shadow approximately 440 square feet
on the vegetation. The intertidal mud flat, approximately 270 square feet, will be
displaced by the 27 foot long concrete section of the boat ramp. This area includes a
scatted number of coon oysters. In addition, approximately 4,200 square feet of
shallow water bottomland will be altered by the proposed excavation. A shellfish
survey, of this area has not been completed.The 88 cubic yards of muddy sand will be
ferried to the highground property and trucked to a near by disposal site. The spoil
site, at the corner of SR #1511 and Ned Lane, will be available to the homeowners for
future maintenance, requirements. The proposed project is located in the SC waters of
Foster's Creek.
PREPARED BY: JAMES L. MERCER
DATE: 21 FEBRUARY 1996

Form DCM-MP-I
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Swansboro
1. APPLICANT
a. Landowner:
Name Gertrude L. Hurst Trust
Address P.O. Box 45B S15
City Swansboro State N.C.
Zip 28584 Day Phone [phone]
Fax
b. Authorized Agent:
Name Donald C. Clements Jr.
Address P.O.Box 67
City Atlantic Beach State N.C.
Zip 28512 Day Phone [phone]
Fax
c. Project name (if any) Hurst Harbor North
Homeowners Park
NOM Pent will be issued in name of landowner(s), and/or
Project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Onslow
c. Street address or secondary road number
S.R. 1511
d. Is proposed work within city limits or planning
jurisdiction? Yes xx No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Foster' s Bay
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.
noclr, launching ramp, hnhkhearls
—anrl launchinc ramp channel_
e
b. Is the proposed activity maintenance of an existing
project, new work, or both? _ New
c. Will the project be for public, private or commercial
use? Pri.rnhP
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. Park area for residents.
Revised 03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.35 Ac. s +/—
b. Size of individual lot(s) N/ a
c. Approximate elevation of tract above MHW or
NWL 10 ft.
d. Soil type(s) and texture(s) of tract
Ran Av T.nam
e. Vegetation on tract 1 ne and barA.. oo As
f. Man-made features now on tract mnnA _
g. What is the CAMA Land Use Plan land
classification of the site? (Cansuh the local Lane use plan.)
Conservation xx Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? XX Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes XX 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 xr No
1. Are there wetlands on the site? CAL Yes No
.�: x a -rr°� s ,
Coasi9 marsh) : �r9 k-- y(
If yes; has 'a delineation been conducted? No.
(Attach documentation, ifmailab4J
in. Describe existing wastewater treatment facilities.
Nnn a
n. Describe location and type of discharges to waters -
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
_Rnin Rnnnff
o. Describe existing drinking water supply source.
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 proje,:t.'
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 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
Revised 03/95

Form DCM-MP-1
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
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
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 is 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.
Name Mr. Barry Matthews I certify that I am authorized to grant, and do in fact,
Address P.O.Box 155, Swansboro N.C. grant permission to representatives of state and federal
Phone [phone] review agencies to enter on the aforementioned lands in
connection with evaluating information related to .this
Name John Caddell permit application and follow-up monitoring of the
Address Point Emerald Vi1tas, Rmaratd Ispn'tject.
Phone [phone] N.C.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made: payable to the Department of
Environment, Health, and Natural Resources
(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.
This is the 2 :3 day of d - , 19 14; .
Print Name 51 b k 1 ATE I K S T
Signature AL'Q-L Oil . 4;ul�j
Lin weer or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
Y DCM MP-3
Upland Development
DCM MP-4
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
JAN 2 6 1996
cu�w�... ............nesc'F

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Lenath Width Depth Depth
108'
10'
—1'MLW
—2.5'
MLW
27'
10,
0.0'
—2.5'
MLW
. . . . . .
rT
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 88 cu. yds.
b. Type of material to be excavated Sand/silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _Yes Xg No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
ITu �ID ��IM
a. Location of disposal area NE corner S.R.1511
and Nc-d Tana
b. Dimensions of disposal area 20' by 45'
c. Do you claim title to disposal area?
XX Yes _ No
If no, attach a letter granting permission from the
owner.
11
will a disposal area
maintenance? XX Yes
If yes, where?
be available for future
No
Revised 03/95 6 w &W °i""`

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes xx No
f. Does the disposal include any area in the water?
Yes XX— No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
yx Bulkhead Riprap
b. Length #1 10' #2 10
c. Average distance waterward of MHW or NWL
#1C& MHW t2 27 fi+_
Maximum distance waterward of MHW or NWL
#1 0.0' #230 ft.
e. Shoreline erosion during preceding 12 months
None.
(Source of information)
f. Type of bulkhead or riprap material
#1 wooden #2 wooden
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill #2, 13 cu. Yds.
h. Type of fill material #1 earthen fill
#2 concrete ramp
i. Source of fill material imported/ trucked
to site.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
XX Yes No
If yes,
(1) Amount of material to be placed in the
water 13 cu. ydls
(2) Dimensions of fill area i n ' iz 971
(3) Purpose of fill Launch ramp
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes XX No
If yes,
(1) Dimensions of fill area -
(2) Purpose of fill
5. GENERAL.
a. How will excavated or fill material be kept on site
and erosion controlled? silt fences.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe.
c. Will wetlands be crossed in transporting equipment
to project site? —Yes XX No
If yes, explain steps that will be taken to lessen
environmental impacts.
Apput or Project Name
rGd4A t 4 ,A,'Uu L
(Sigature
1D
Date
Revised 03195

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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 _None.
It. 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 XX No
If yes, date submitted _
i. Describe proposed method of sewage disposal.
b. Number of lots or parcels One.
j. Have the facilities described
c. Density (give the number of residential units and the received state or local approval?
units per acre) o . 0 6ne2 i (Attach appropriate docam oration)
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. S i n n Gs- f+ _
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? N/A Yes N/A No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Marl.
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.y A sn
in Item i. above
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).
Rain Runoff.
Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
_ N�A
m. Will water be impounded?
If yes, how many acres? -
Yes XX No
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? M/A
Hurst Harbor Homeowner's Park
Applicant or Project Name
Sig ure
Date
JAN 2 6 1996
Revised 03/95

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial XX Community —Private
(2) Number one
(3) Length 100 f t .
(4) Width 6 ft.
(5) Finger Piers —Yes XX No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes Xx No
(1) Number
(ii) Length
(iii) Width
(7) Number of slips proposed Nnn e
(8) Proximity of structure to adjacent riparian
property lines 29 ff.,.
(9) Width of water body _ 500 ft,
(10) Water depth at waterward end of pier at
MLW or NWL —1 ft. MLW
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Wood Bridge over marsh to serve
boat lannrhing ramp_ Size is
10 ft, width by 26 ft. length.
Applicant or Project Mama -
/aAlk Av 4. �l LA_)A}-
S' lure
1—Z3-��n
Date
Jrj 9, 6 1996
Sd VV Sd"d• 0b16V0VYWYVP

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SITE 1• Os
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L
ny
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HAMMOCKS BEACH i y4P
STATE PARK SOP
LOCATION MAP (NO SCALE)
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W l T M unto w
7[e0u10 is 1n3y91�•y,
ly E ,.:.: ,Itlllpl❑IUgq� 5 r>�............
jar.
SEAL i
E: � F z o ;r L-24600
0 24
C.
NOTES: ,.z9......
MEAN LOW WATER IS —I' MEAN SEA LEVEL.
ELEV. ABOVE 0.0' IS M.S.L.
1. ELEV. BELOW 0.0' IS MEAN LOW WATER. .'12'? s e •;?
I. E. I.P EXISTING -IRON PIPE. 241:. .. ....8„.14
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HpR0�0 of AWPY
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Ea E -'•1- -!._W-2.63
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2tl; 'In .t f rPS. �t�^ '¢tom X-2. 89
o, 4
22 tnti t P yp .n Yy
t
X I.10
2a'g AREA IN AEC m
S' IMPERVIOUS SURFACE 2100 SO FT
w AREA IN AEC 7249 SO. FT., 29/.
Z.
,.;
o PROPOSED IMPROVEMENTS
o :-.'.HOMEOWNER'S PARK
0.7514a.5 *i- IN PWAX ., :KURST HARBOR NORTI
SWANSBORO TWFL ONSLOW'CO.,N.f
'APRIL 24, 1995 SCALE 1't=60'

R
PROPOSED ­DRIVE AND
FUTURE DISPOSAL : AREA
45' x 20
4
b PIT DUG TO DEPTH
OF 6.FT.
spo.] U:: .:.AREA
45!,*::
RIGHT. OF WAY OF N
WINGWALLS TI
BULKHEAD TO
EMBANKMENT
N HIGH WATER LINE
,.::POIL WILL ]Do cu. YD�­ : '
FILL PIT :3 LfT. DEPTH.
MATERIAL�DUG.:FROM PIT
WILL BE'US0;70 FILL
AND COVER-.�P]T. AREA
WILL Bt�FEkTILIZED
AND SEEDED.:-6:'-!
NO WETLANQS:.EXIST WITHIN 500' . :
.: DETAILS
OF THIS SITE. R;s T:: HARBOR NORTH
WATER TABLE DEPTH
b GREATER THAN 10 FT.
ANE 60' R/W
...... ...... 'M
' ....... 4' CONTCR!XTE�
BULKHEADS LAUNCHING RAW
2 2
I% SLOPE
26" V,
--- 16' ---J_PILINGS
-2. 5' M. L. W.
.!: 11, 1.2. 11 108";
MARSH AREA TO BE
Z-4 BRIDGED BY WOOD
RAMP
'7v. SLOPE MEAN LOW WATER LINE
Ac 10": WIDE PLANKS
,,,CHAONELt
CR 461�1- �,A� WITH 2'. SPACES
)E
DE 60'
VARIES NOTE: DREDGE:: -SPOIL TO BE REMOVED BY TRUCK
2. 6- MAX. TO AN.,UP, LAND FILL SITE.
opt -to %
NOTE: DOCK TO. -BE BUILT TO CODE.
IV
-2. 5' M. L. W

W
CROSS SECTION
HURST HARBOR NORTH
HOMEOWNERS PARK
NO SCALE
\ONn,. •�• ..
CRETE
ILL'j
MEAN LOW WATER
A
0

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director May 3, 1996
Hurst Harbor North Homeowners Park
P. O. Box 515
Swansboro, NC 28584
Dear Sir::
A '01r
IDEHNFR
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or, any of the conditions, you may request a hearing pursuant to NCGS I I3A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a c6ntractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
John R, Parker, Jr.
Major Permits Processing Coordinator
JRP.jr/amw
Enclosure
P.O. Box 27687, N�� FAX [phone]
�
Raleigh, North Carolina 27611-7687 1, 4 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 ,� 50% recycled/10% post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. SOX I890
WILMINGTON, NORTH CAROLINA 28402-1890
PEPLYTO
ATTENTION OF May 23, 1996
Regulatory Branch
Action ID No. 199603013 and State Permit No. 62-96
Hurst Harbor North Homeowners Park
Gertrude L. Hurst Trust
Post Office Box 515
Swansboro, North Carolina 28584
Dear Gentlemen:
Reference your application for a Department of the Army permit to dredge
approximately 1,820 square feet of intertidal creek bottom for a boat access
channel, fill 270 square feet of intertidal bottom for the construction of a
boat ramp, and construct a pier for the purpose of developing a community
water access site on Foster Creek, at the end of Harold Avenue, between lots 9
and 10, in the Hurst Harbor North subdivision, in Swansboro, Onslow County,
North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your 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 and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

Copies Furnished with enclosure:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365 ti�
Mr. John Parker
/Division of Coastal Management
V/ North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516
Mr. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
4
RECEIVEO
MAY 281996
COASTAL
MANAGEMENT

w�
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General permit No. SAWC080-N-000-0291
Name of Applicant GENERAL PUBLIC
Effective Date February 11, 1991
Expiration Date February 10, 1996
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States upon the recommendation of the
Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of
March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby re -issued under authority of the Secretary of the
Army by the
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
To authorize those construction activities that receive prior approval from
the State of North Carolina in the form of the following authorizations:
Coastal Area Management Act (CAMA) Permit.
2. Permit to Dredge and/or Fill.
3. Water Quality Certification (Section 401 of the Clean Water Act).
This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties,
North Carolina, U.S. Army Engineer District, Wilmington.
Operating Procedures:
a. Applications for State and Federal authorizations will be accepted
directly and simultaneously by both the North Carolina Division of Coastal
Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps).
Receipt of a complete application by the NCDCM will initiate field review to

-2-
include a site visit and preparation of an Environmental Consultant's Field
Report. Receipt of an application by the Corps will initiate Federal review.
Immediately upon receipt by the Corps, an application will be assigned an
identification number, acknowledged, and the appropriate Corps Area
Coordinator will examine the application to assure that it can be processed
pursuant to this general permit. The applicant and the NCDCM will be
furnished written notification of the Area Coordinator's determination.
Notification to the applicant will include a brief description of the
administrative process. For those proposals which may result in a discharge
into the waters of the United States, the North Carolina Division of
Environmental Management (NCDEM) and the applicant will be informed regarding
the applicant's need to obtain a Water Quality Certification in accordance
with Section 401 of the Clean Water Act.
b. The NCDCM Environmental Consultant's Field Report will be furnished by
the respective NCDCM Regional Offices to the Corps. The Corps will provide
copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the U.S. Environmental
Protection Agency (EPA). Receipt of the Report will initiate the Federal
agencies' review. The agencies will be provided sufficient time by the Corps,.
normally 30 days, before their comments or recommendations, including any
recommended modifications or conditions necessary to make the proposal
acceptable, must be received by the Corps. Should the agencies not comment
within the review period, it will be assumed they offer no objections.
Extensions of time will be granted for agency review only if justified by
unusual circumstances. If an extension is granted that would delay a NCDCM
decision by the date on which an NCDCM decision must be made, the application
may be removed from this general permit.
c. The permit review process conducted by the NCDCM is a public process
involving public notices in local newspapers, public hearings, and various
public appeal procedures. In order to further inform the public, the Corps
will distribute, at intervals of approximately two weeks, an additional public
notice listing those permit applications received and being considered by
NCDCM and the Corps of Engineers under this general permit since the preceding
notice. The notice will invite, for a period of not less than 15 days, public
comment and/or requests for additional information and for public hearings.
All comments will be considered in the overall State/Corps decision on the
permit.
d. This general permit does not, in any way, alter established procedures
or responsibilities, as required by Federal laws, memoranda of agreement, or
administrative regulations with respect to the Corps' coordination with the
review agencies. The applicant will continue to have the opportunity to rebut
objections to the proposal.

V
-3-
e. After agency comments are received, they will be reviewed by the Corps
and a coordinated Federal position will be prepared and furnished to the the
NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field
Consultant's Report. The coordinated Federal position will include all
conditions (including recommendations for denial) recommended by the three
Federal agencies listed in paragraph b. (above) unless a changed or omitted
condition has the prior written agreement of the affected agency.
f. In those cases where the Corps does not concur with conditions or
recommendations of one or more of the three listed Federal agencies, no
coordinated Federal position will be furnished to NCDCM until and unless
Federal agency agreement has been reached including, if necessary, entering
into the referral procedures outlined by current memoranda of agreement
between the Army and the respective agencies. The three agencies will be
furnished a copy of the coordinated Federal position at the time they are
furnished to NCDCM.
g. If the conditions (including recommendations for denial) from the
review agencies are unacceptable to the NCDCM, the NCDCM will contact the
Corps within 10 days of receipt of the Federal position to resolve the
conflict. If resolution of the conflict involves changes to the conditions or
recommendations provided by the Federal agencies, the provisions of paragraphs
e. and f. (above) will apply, including the procedures of the memoranda of
agreement, if appropriate. If the conflict is resolved to the satisfaction of
the Corps and other affected review agencies, the NCDCM permit will be issued
and the authority of the general permit will apply.
h. If the conflict is not resolved within the time necessary for a
decision by NCDCM, NCDCM may proceed, independently, to conclude the State
action without inclusion of the Federal position. In this case, the applicant
and the NCDCM will be notified immediately in writing that the.State permit
does not satisfy the Federal permit requirements and that the project in
question may not proceed in the absence of Federal authorization.
i. If the coordinated Federal position is not in conflict with State
agency positions, law, regulation, or policy and is otherwise acceptable to
the NCDCM, a State permit will be developed by the NCDCM fully incorporating
the State and Federal positions. Copies of the permit will be furnished to
the applicant and the Corps. When required, a copy of the Section 401 Water
Quality Certification will be furnished to the applicant and the Corps.
Issuance of both the NCDCM permit and the NCDEM 401 Certification, if
required, must precede validation of this general permit by the District
Engineer or his representative.

-4-
j. If the NCDCM permit or Section 401 Water Quality Certification is
denied, the applicant will be informed that Federal authorization is also
denied.
k. Following issuance of a NCDCM permit, the project will be monitored by
NCDCM personnel and inspected for compliance in accordance with normal NCDCM
regulations and procedures. Monitoring and periodic evaluation will also be
conducted by Corps personnel. If at any time a violation of the NCDCM permit
is discovered which would also have been a violation of the Federal position,
enforcement action may be taken by both the NCDCM and the Corps in accordance
with their respective regulations and policies.
2. General Considerations:
a. All activities identified and authorized by this general permit must
be consistent with the terms and conditions of this authorization. Any
activity accomplished, but not specifically identified and authorized herein,
may constitute a violation of Federal statute and result in legal proceedings
as may be considered appropriate by the United States Government.
b. All activities authorized by this general permit which involve the
placement of dredged or fill material in waters of the United States or ocean
waters shall be consistent with the water quality standards and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the
Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413), and
applicable State and local law. To assure preservation of water quality,
before any work is authorized by this general permit, a property owner, if
required to do so, must apply for and obtain a Water Quality Certification
from the NCDEM in accordance with Section 401 of the Clean Water Act.
c. This general permit does not authorize any activity which might affect
a threatened or endangered species as identified by the Endangered Species Act
(16 U.S.C. 1531) or adversely modify critical habitat of such species without
consultation with the USFWS.
d. When using this general permit, a property owner must make every
reasonable effort to prosecute the work in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental values.
e. When using this general permit, a property owner must prosecute the
work in a manner so as to minimize any degradation of water quality.
f. A permittee will allow the District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that
the activity is being performed in strict accordance with the terms and
conditions of this general permit.

-5-
g. The property owner will maintain any structure authorized by this
general permit in good condition and in accordance with approved plans and
drawings.
h. This general permit does not convey any rights, either in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State, or
local laws or regulations, nor does it obviate the requirement.to obtain any
other Federal, State, or local assent required by law for the activity.
i. Authorization provided by this general permit may be modified,
suspended, or revoked in whole or in part if the District Engineer, acting on
behalf of. the Secretary of the Army, determines that such action would be in
the best public interest. Modification, suspension, or revocation may occur
as a result of the evaluation of the permitted activities and their individual
or cumulative adverse impacts. Unless subject to modification, suspension, or
revocation, the term of this general permit will be 5 years. Any
modification, suspension, or revocation of authorization will not be the basis
for any claim against the U.S. Government.
j. If subsequent to performance of the work, should any information or
data furnished by the applicant prove to be false, incomplete, or inaccurate,
the authorization may be modified, suspended, or revoked in whole or in part,
and the U.S. Government may institute appropriate legal proceedings.
k. There will be no unreasonable interference with navigation or the
right of the public to riparian access to navigable waters by the existence or
use of the activities authorized by this general permit.
1. A property owner, upon receipt of written notice from the District
Engineer of failure to comply with the terms and conditions of this general
permit will, within 60 days, without expense to the U.S. Government and in
such manner as the District Engineer may direct, effect compliance with the
terms and conditions or return the worksite to prework conditions.
m. This general permit does not apply to activities that would adversely
affect an area listed in the National Register of Historic Places or an area
which the Secretary of the Interior through the keeper of the National
Register of Historic Places would determine eligible for inclusion in the
Register. Proposals under this general permit will be furnished by NCDCM to
the State Historic Preservation Officer for his comments prior to final permit
activity authorization. Also, this general permit does not apply to
activities proposed to be located on wild and scenic rivers established
pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278).
n. This general permit does not authorize the interference with any
existing or proposed Federal project, and the permittee will not be entitled

ti
f
10
to compensation for damage or injury to the structures or work authorized
herein which may be caused by or result from existing or future operations
undertaken by the United States in the public interest.
o. Any work performed in any area under the regulatory jurisdiction of
the Corps which does not comply with the terms and conditions of this general
permit must have prior approval under the customary regulations administered
by the Corps as found in 33 CFR 320-329.
3. Conditions and Procedures:
a. General. The aforementioned, detailed Operational Procedures apply to
construction activities that, prior to issuance of this general permit,
required State authorization in the form of a Coastal Area Management Act
(CAMA) permit for major development and/or a permit to excavate and/or fill
and Federal authorization as required by Section 10 of the River and Harbor
Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR
U.S.C. 1344).
b. Application. Any member of the general public proposing to accomplish
construction activities under the authorization of this general permit must
submit an appropriate, complete application with drawings to the Wilmington
District Engineer and the appropriate regional office of the NCDCM.
c. Validation. No work may proceed under this general permit until and
unless the District Engineer or his representative provides written validation
that the procedures and conditions of the general permit have been satisfied.
4. Exemptions:
a. This general permit will not be applicable to proposed.construction
when the District Engineer believes that authorization may be warranted but
that the proposed activity would significantly affect the quality of the human
environment.
b. This general permit will not be applicable to proposed construction
when the District Engineer determines, after any necessary investigations,
that the proposed activity would adversely affect areas which possess
historical, cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act
(15 U.S.C. 1273); those proposed for inclusion as provided by Sections 4 and 5
of the Act; and wild, scenic, and recreational rivers established by State and
local entities.
(2) Historic, cultural, or archaeological sites listed in or eligible
for inclusion in the National Register of Historical Places as defined in the

-7-
National Historic Preservation Act of 1966 and its codified regulations and in
the National Historic Preservation Amendments Act of 1980.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
c. At his discretion, at any time during the processing cycle, the
District Engineer may determine that this general permit will not be
applicable to a specific construction proposal. In such case, the procedure
for processing an individual permit in accordance with 33 CFR 325 may be
initiated.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
/s/
THOMAS C. SUERMANN
LTC, Corps of Engineers
District Engineer

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WILL BE USED TO FILL
AND COVER PIT. AREA
WILL BE FERTILIZED
AND SEEDED.
NO WETLANDS EXIST WITHIN 500'
OF THIS SITE.
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AC CHANNEL. WITH 2' SPACES
CR. 60,
VARIES NOTE: DREDGE SPOIL TO BE REMOVED BY TRUCK
TO Stop 2. 6MAX.3 to TO AN UPLAND FILL SITE.
10'
NOTE: DOCK TO BE BUILT TO CODE.
-2. 5' M. I

HURST HARBOR NORTH
HOMEOWNER'S ASSOCIATION
June 6, 1998
Director
State of North Carolina Department of Environment,
Health and Natural Resources
Division of Coastal Management
P.O. Box 27687
Raleigh, N.C. 27611-7687
Re: Permit # 62-96
Dear Sir,
=insp�ectio-
Hurst Harbor North Homeowner's Association, I am writing to
eqby appropriate representatives of the Division of Coastal
mp and dock within our subdivisi em2i # f�-9as issubd
to Hurst Harbor North Homeowner's Park, P.O. Box 515, Swans ro�o C, ZM4 on May
2, 1996. The applicant for this permit was the Gertrude L. Hurst Trust and the authorized
agent was Donald C. Clements Jr. 41W-
The rationale for this request is based on non-compliance of the existing
development with the proposed park survey map dated April 24, 1995 and submitted with
the permit application. Although the primary concerns of CAMA were addressed in the
construction of the existing structure, the Association would like an official approval of
the facility by CAMA.
The Board of Directors desires to undertake some maintenance of the facility to
include covering the existing marl road surface with concrete to prevent further erosion,
and to extend the boat ramp another 10 to 15 feet in order to make the ramp usable. Prior
to any further expenditure by the Association, we must have assurance by CAMA that the
existing structure is approved as modified.
For the Board of Directors
StStephenen G. Olmstead, Jr.
Association Secretary
Address Correspondence to:
107 Harold Ave
Swansboro, NC 28584
RECEIVED
JUN 0 9 1998
COASTAL MANAGEMENT

r

To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON
WQ SUPERVISOR: AD
DATE: April 26, 1996
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 96 PERMIT NO.: 960225 COUNTY: Onslow
PROJECT NAME: Hurst Harbor North Homeowners Park/Venice Cook Trustee
PROJECT TYPE: Boat Ramp PERMIT TYPE: CAMA
COE J/: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: March 4, 1996
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501
*STREAM OR ADJACENT WATER BODY: Foster Creek
CLASS: SC STREAM INDEX #: 20-35
*OPEN OR CLOSED: Closed
WL IMPACT: No WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct a boat ramp and excavate an access
channel.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification k3025
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: 270 sq. ft. WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? No
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such
a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Jim Mercer
_ia D Oar

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Hurst Harbor North Homeowners rk
P. O. Box 515
Swansboro, NC 28584
Dear Sir::
May 3, 1996
1�
HNML
R
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
MAr3o �o
John R. Parker, Jr. �0�ra �998
Major Permits Processing Coor . or NA1461vt
JRP.jr/amw
Enclosure
P.O. Box 27687, N
�`FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/AfOnn Aloe Action Employer
Voice 919-733-2293 50% recycled/ Ift post -consumer paper

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSN=AL/PROCESSING RECORD
A) APPLICANT: Hurst Harbor North Homeowners Park/Venice Cook, Trustee COUNTY: Onslow
LOCATION OF PROJECT: near Swansboro, on Foster Creek between Lots 9 and 10, at the end of
Harold Avenue, in Hurst Harbor North Subdivision, Onslow County
DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 26, 1996
FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES
CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES
FIELD REPRESENTATIVE: Jim Mercer —i 19TRICT OFFICE: Morehead
DISTRICT MANAGER REVIEW: T
B) DATE APPLICATION RECEIVED IN RAL :FEB 23 1996 REC'D: $.Z So
(� EENN
PUBLIC NOTICE REC'D: E1ft?'Nbn DATE:
ADJ. RIP. PROP NOTICES REC'D: ✓ REC'D.
9
APPLICATION ASSIGNED TO: �t ON:
C) 75 DAY DEADLINE: y" /I- 94C 150 DAY DEADLINE:
MAIL OUT DATE: 2- z 9S- f! STATE DUE DATE:
FEDERAL DUEDATE: FED. COMMENTS REC'D: y-C-YZ
/ r
PERMIT FINAL ACTION: ISSUE ✓ DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
f«-
Coastal Management Dist. Office
K„ y
Div. of Community Assistance
Land Quality Section
3 _tS
Div. of Env. Management
Z -ye
3oc troti `^�
State Property Office
Div. of Archives & History 4771
14-A2
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
1. 11V 4-}-4(
Div. of Water Resources
Div. of Marine Fisheries

MEMORANDUM: ~
ft�C9\��yg6
0
.r pe��ov��pENt
TO: DOUG HUGGETT �pNpG
FROM: JAMES L. MERCER
SUBJECT: COMMENTS AND RECOMMENDATIONS
HURST HARBOR NORTH HOMEOWNERS PARK / MRS. VENICE COOK
FOSTER CREEK / ONSLOW CO.
DATE: April 8, 1996
I believe the direct, long term impacts of this project can be
minimized by: 1) eliminating the offshore concrete ramp and
associated bulkhead that measures about 28 feet by 10 feet; the
elevated wooden ramp can be extended as a substitute for the
concrete section; and 2) eliminated all channel excavation within
the shallow waters between the mean low water and -2.5 ft. MLW.;
this will make the overall length of the wooden boat ramp about 120
feet long. This is not an unusual length for wooden boat ramps
gaining access over coastal wetlands and shallow water habitat. I
recall the wooden ramp DCM permitted in the mid 180 for Bob Koraly
in River Reach Subdivision on the White Oak River; that ramp is
about 120 feet long. In Emerald Plantation on Bogue Sound, the
wooden ramp DCM permitted for Rouse/Watson is at least 200 feet
long. These ramps can be seen on our new 1995 photography: 36-438
and 38-456 respectively.
I would like to see the necessary CAMA permit issued to HHN with
the above modifications made (administratively) to the permitted
workplat drawings. The following standard conditions are provided
for your review:
#1 All proposed development and associated construction must be
done in accordance with the permitted workplat drawings as
modified by the Division of Coastal Management dated April ,
1996.
#2 All construction must conform to the North Carolina Building
Code requirements and all other Local, State and Federal
regulations.
#3 Prior to initiating any land -disturbing activities, a barrier
line of filter cloth, staked hay bales, or burlap must be
installed between the land -disturbing activity and the
adjacent marsh or water areas, until such time as the area has
been properly stabilized with a vegetated cover.
#4 In order to prevent sedimentation, a vegetated buffer zone
must be maintained between all disturbed areas and the
adjacent waterbody or marsh. In this case, a 30 foot wide
buffer has been accepted.
#5 The amount of impervious surface areas shall not exceed 30% of
the lot area within the 75' Area of Environmental Concern
(AEC); in this case, 2,100 sq. ft.

COMMENTS AND RECOMMENDATIONS
HURST HARBOR NORTH HOMEOWNERS PARK / MRS. VENICE COOK
FOSTER CREEK / ONSLOW CO.
#6 Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may
not be assigned, transferred, sold or otherwise disposed or to
a third -party.
#7 No excavation is authorize by this permit.
#8 The alignment of the proposed bulkhead must be staked by a
representative of the Division of Coastal Management (DCM)
within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty
(30) days, or erosion of the shoreline by adverse weather
conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty (30) days prior to the new expected
start of construction.
#9 The bulkhead must be constructed prior to any backfilling or
other grading activities.
#10 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.
ill The authorized structure and associated activity must not
cause an unacceptable interference with navigation.
112 No marsh grass will be excavated and/or filled.
NOTE:t The project site is located in an area having a high
probability of containing cultural resources such as artifacts,
human remains, etc. If such materials are encountered, the
permittee must immediately stop work and notify the District
Engineer, Wilmington Corps of Engineers at [phone] and the
N.C. Division of Coastal Management at [phone].
NOTE: L The permittee will maintain the authorized work 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 project without having the permit transferred to a
third -party.
NOTE:3 The permittee and/or his contractor is urged to meet with
Division of Coastal Management prior to project initiation.
NOTE:`( Future development on the permittee's property may require
a modification of this permit. Contact a representative of this
Division at [phone] prior to commencement of any such
activity for this determination.
cc: Charles S. Jones
Jeff Richter, COE

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 21, 1996
MEMORANDUM:
TO: Kathy B. Vinson, District Planner
Division of Coastal Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
C) FEE HNF1
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Project Location: near Swansboro, on Foster Creek between Lots 9 and 10, at the end of Harold
Avenue, in Hurst Harbor North Subdivision, Onslow County
Proposed Project: to construct a community boat ramp with associated access channel
Please indicate below your office's position or viewpoint on the proposed project and return this form by March
13, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-
7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: I/ This office has no objection to the project as proposed. &tml-t� X&Ld�_
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are incorporated.
See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED �1 r DATE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

• MEMORANDUM:
TO: John Parker
FROM: Kathy Vinson
SUBJECT: Consistency Determination, Major Permit Application,
Hurst Harbor Homeowners Park / Venice Cook, Trustee,
Onslow County
DATE: March 13, 1996
The project site is located near Swansboro, on Foster Creek between
Lots 9 and 10 at the end of Harold Avenue, in Hurst Harbor North
Subdivision, Onslow County. The applicant proposes to develop a
community water access site, including a marl driveway, pier,
wooden/concrete boat ramp and an excavated entrance channel in
Foster's Creek. In addition, two bulkheads are included in the
project plans.
AECs impacted by the work include Coastal Wetlands, Estuarine
Waters and the Estuarine Shoreline. Waters at the site are
classified as SC and are closed to the harvesting of shellfish. The
area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 1992 Onslow
County Land Use Plan (LUP) and offer the following comments.
The general area of the project is classified as Limited
Transition, while the AECs impacted by the proposed work are
classified as Conservation.
The LUP discusses the Conservation classification on Pages 263-265.
Onslow County allows uses consistent with the 7H Use Standards in
the Estuarine Shoreline, Estuarine Waters, Public Trust Areas and
Coastal Wetlands AECs. Resource Protection Policies for AECs and
wetlands are included on Pages 203-208. These policies reiterate
the County's concurrence with state and federal standards for
development in these areas. Bulkhead policies (Page 221) allow
bulkheads which are consistent with 7H requirements.
The Limited Transition classification is discussed on Pages 253-254
of the LUP. The intent of this class is to provide for development
in areas that will have some services, but at densities lower than
those future intensive urban densities intended for the Urban
Transition class. Onslow County describes the Limited Transition
classification as intended for primarily moderate density
residential development, but allows a variety of uses.
Based on the above policies and classifications, this proposal
appears to be consistent with the 1992 Onslow County Land Use Plan,
provided all applicable regulations can be satisfied.
CC: Preston Pate
Charles Jones
Jim Mercer
Reid Tunstall

® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker, Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: Franklin T. McBride, Manager
Habitat Conservation Program
DATE: March 21, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Hurst Harbor North Homeowners
Park/ Mrs. Venice Cook --Trustee, on Foster Creek between Lots 9 & 10 at the end
of Harold Avenue, near Swansboro, Onslow County.
Staff biologists with the Wildlife Resources Commission have completed a review of the
project with regards to associated impacts on wildlife and fishery resources in the area. A site
visit was conducted on March 20, 1996. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661
et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128).
The applicant proposes to develop a community park and boat launching facility by
providing a pier, boat ramp and an access channel in Foster Creek. Waters at the project site are
classified as `SC' and are closed to the harvest of shellfish. The water classification of Foster
Creek was changed to accommodate Swansboro's wastewater treatment plant at the head of the
creek. All surrounding water bodies are classified as SA or SA-ORW.
Development of the boat launching portion of the park would require a significant
amount of earth removal to develop a finished slope and grade that will provide proper elevation
and access to the boat ramp. The ramp has been designed as a 10 ft. wide wooden pile structure
elevated over 26 ft. of coastal marsh and then the fill and excavation of 10 ft. wide x 27 ft. long
of intertidal mud flat. At the project site the intertidal mud flat is exposed for a distance of 30 ft.
from shore at mean low water (mlw). Because of the shallow water conditions, a channel will
have to be excavated approximately 108 ft. long by 10 ft. wide to access the natural -2.5 ft.
waters in the creek. The project plans call for the construction of a wooden pier measuring 6 ft.
wide x 100 ft. long on the left side of the boat ramp. The ramp and pier will be constructed 2 ft.
above the marsh substrate and will shade a 16 ft. x 26 ft. area of marsh.
Hurst Harbor Subdivision received a CAMA Major Permit 133-92 authorizing the
construction of another community boat ramp and access pier off John L. Hurst Drive on the

'Hurst Harbor Subdivision 2 March 21, 1996
Intracoastal Waterway. Rangers at Hammocks Beach State Park, located across the road from
the development, allow the public to use the Park's boat ramp when the ferry is not operating.
The proposed boat ramp is 0.3 miles from the development's existing boat ramp. The proposed
boat ramp will be located in a very shallow area, and will result in constant turbidity from boat
traffic and maintenance dredging. We are not opposed to the development of the community
park or the pier but request that the boat ramp be deleted from this project.
Thank you for the opportunity to review and comment on this project. If you need further
assistance or additional information, please contact William Wescott at [phone].
W W/fin

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 21, 1996
MEMORANDUM:
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
ATT�XY
�'
EDEHNF1
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
RECEIVED
f Ld 211996
DTV. OF VARTNE FTSHERTES
Applicant: . Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Project Location: near Swansboro, on Foster Creek between Lots 9 and 10, at the end of Harold
Avenue, in Hurst Harbor North Subdivision, Onslow County
Proposed Project: to construct a community boat ramp with associated access channel
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 13, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919)
726-7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED &AY Z, r&# DATE ;-/J-g
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
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r State rt North Carolina
Department of Environment, IT a
Health and Natural Resources
Division of Marine Fisheries va
James B. Hunt, Jr., Governor IDE H N R Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
TO: John R. Parker, Jr.
Major Permits Processing Coordinator
FROM: David L. Taylor VA
Central District, Manager
James J. Francesconi
Investigating Biolo
SUBJECT; CAMA/DREDGE & FILL Permit Application Review by the North
Carolina Division of Marine Fisheries
DATE: 13 March 1996
Applicant: Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Project Location: near Swansboro, on Fosters Creek between Lots 9 and 10, at the
end of Harold Avenue, in Hurst Harbor North Subdivision, Onslow
County
Proposed Project: to construct a community boat ramp with associated access
channel
The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the
application for work proposed by Hurst Harbor North Homeowners Park/Venice Cook
Trustee., reviewed the Field Investigation Report compiled by CAMA, and conducted
a site visit including a shellfish resource survey of the ramp area. The
following comments by the NCDMF are provided pursuant to General Statute 113-131.
This agency recommends project approval with the following recommendations due
to attributes of the proposed project site.
1) The proposed driveway's 15% grade would cause erosion to the marl
surface material and subsequent water quality degradation. The utilization
of turf block paving of the portion of driveway leading towards the ramp
would be a favorable alternative to minimize sediment laden runoff.
2) Construct bridge with adequate spacing between boards to allow light
penetration to the vegetative intertidal zone.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
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Page 2. Hurst Harbor
3) To minimize the project's impact on loss of habitat, the
elimination of bulkhead #2 by continuing the wood structure through the
termination of ramp is recommended.
4) Prior to channelization, remove oysters and clams and disperse nearby
to minimize impact.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
71011,
I�EHNFi
14 March 1996
TO: John Parker
FROM: P.A. Wojciechowski� .
SUBJECT: CAMA/DREDGE & FILL Permit Application
Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
Yk; p co .
P. O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
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tyon444,ian ;`5
I.-e A
to dr�ec,r by P3 �s
ra

-State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
ofyI5luC"IEWIIIIli LI
TO:
FROM:
SUBJECT:
March 1, 1996
P. A. "Ski" Wcjciechowski
Division of Marine Fisheries
John Parker
Major Permits Processing Coordinator
C)EHNF?L
CAMA/Dredge and Fill Permit Application Rev
APPLICANT:
Hurst Harbor North Homeowners Pall
PROJECT LOCATION: Near Swansboro, on Foster Cr., Lots 9 & 10, Onslow Co.
PROPOSED PROJECT: To develop a community water access site.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
4-"�'It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
/, /�2G/°EnTy /s a!v tL4/L000 �4vC /veT /Oi9X� G/1, w/o
.TN!-�it.�.`7'l Ors div �TT/l Gh<iI.O ram•.-•z vr_y i/l`.4Y..=®A..T/r/.iI Lo TS •9d /tJ?
SignedGoe— Date
1, N�tiO Gory o!� /I/pcassdo /�L�T ay/%Z Z /3
3r 7 lt-Y dc.eo �3rt' /s /✓o i /� ot.fo y-.-v ois•E �vr /.r,G c rar/,e
MXS. ✓.&r✓/C.0 •GooK 4S %2wf�r✓ i//c/iO g®d/�er/IG �do�+YLn�
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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Sfate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Gertrude Hurst Trust
P.O. Box 515
Swansboro, NC 28584
Dear Sirs:
1\
[DEHNFlat
April 2, 1996
Onslow County
DEM Project # 960225
COE #199603013
You have our approval to place fill material in 0.05 acres of wetlands or waters for the purpose of
constructing a boat ramp, access at Hurst Harbor North subdivision on Foster Creek between lots 9
and 10, as you described in your application dated 6 March 1996. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely, 11
Pon How , Jr. P.E. 6
Attachment N R� \��Og6
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office Q P000�
Washington DEM Regional Office
Mr. John Domey
Central Files j} O
Doug Huggett; DCM L _
Donald Clements, Jr.
960225.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 21, 1996
MEMORANDUM:
TO: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
AN! it,�'
C) FEE HNF1
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Project Location: near Swansboro, on Foster Creek between Lots 9 and 10, at the end of Harold
Avenue, in Hurst Harbor North Subdivision, Onslow County
Proposed Project: to construct a community boat ramp with associated access channel
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 13, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919)
726-7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
_Lz� This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE Z 1Z 9 /7
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 29, 1995
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
EDFEE HNF 1
FROM: John Parker, Jr.
Major Permits Processing Coordinator
lnw\ 0 s
OR
MANAG
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
%J O&ST /{-/�Rr$G:Z NUQTH /-1 (. n'. ¢c; U.•v c,1-$ �L1211�
APPLICANT: Clay B. F@Fem nrr'
A/e-4 e- 5 WA-I-,SRcn_o
PROJECT LOCATION: Qnst River hore Road F1' tt r ., n-- �- �-
C.0Mp1tJA// ty W/}Ttti AGGeSS 5/'r f_
PROPOSED PROJECT: -To-eonstmrx a drive
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 22, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
ZM
Signed C/ Date ) a— 1 b7ic
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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State of North Carolina
'Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 21, 1996
MEMORANDUM:
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
1'5'r
E) FE F3
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Project Location: near Swansboro, on Foster Creek between Lots 9 and 10, at the end of Harold
Avenue, in Hurst Harbor North Subdivision, Onslow County
Proposed Project: to construct a community boat ramp with associated access channel
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 13, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919)
726-7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE -3- % — 9L
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 2&%7 Courier 111-12-09
Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 29, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
IDFEE HNF1
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application
1 A .,....
APR 8 11996
10AANA6fJAENt
APPLICANT: urst Harbor North Homeowners Park/Mrs.
Venice Cook, Trustee
PROJECT LOCATION:
Swansboro, Foster Creek, Onslow County
PROPOSED PROJECT:
Dock, ramp, bulkheads, channel
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by March 22, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed L P,Gi J Date
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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PW
Stafe of North Carolina'����%�j�
Department of Environmen III�JII
Health and Natural Resour sMAR 0 4 19QR
Division of Coastal Management._
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
February 21, 1996
Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
IT
9�°a15
IDEHNR
CAMA/DREDGE & FILL Permit Application Review
Hurst Harbor North Homeowners Park/Venice Cook, Trustee
Proposed Project:
�RfCEI��
MqY 13 99
MACOASW
NAGEMENT
near Swansboro, on Foster Creek between Lots 9 and 10, at the end of Harold
Avenue, in Hurst Harbor North Subdivision, Onslow County
to construct a community boat ramp with associated access channel
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 13, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919)
726-7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This aRencv obiects to the project for reasons described in the attached comments.
DATE 6 Ab
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
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cGGA 870 PAGE 1,0�0
IN WITNESS WHEREOF, I do hereby sign and seal this instrument
and my Trustees in executing same hereby acknowledges receipt of
property set forth herein and accepts the trust created hereunder
and covenants to faithfully discharge all duties of their office as
Trustee, this the ---9 day of , 1988.
AL)
EAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF NORTH CAROLINA
COUNTY OF ONS W
I, , a Notary Public in and for
said County and State, do hereby certify that GERTRUDE HURST, NED
S. HURST, JOHNELL HURST, HARRIETT HURST, and JESSE O. HINES, SR.,
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and notarial seal, this the -,-�7' day of
1988.
Notary Public
My Commission Expires:
�]'% l
4.
7...
u
...,.,.
Not
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nasV�p �U�
in
is oif �Cc
n
a S`'a,a°
°
w �.i•'`n�1�

L.•V+ 870piGE 99.
(5) NON -PRO RATA DISTRIBUTION: To make distributions under
this Agreement (without the consent of any beneficiary) in cash or
in specific property, real or personal, or in undivided interests
therein, or partly in cash and partly in such property, and to do so
without regard to the income tax basis of specific property allocat-
ed to any beneficiary (including any trust) and without making pro
rata divisions of specific assets.
(6) TRANSACTIONS BETWEEN RELATED ENTITIES: To sell assets
of any trust created under this agreement to themselves, as
Trustees, to the beneficiaries thereof or to any member of my family
at the fair market value hereof, and to purchase assets from any
other trust or estate, or from the beneficiaries thereof, or from
any member of my family for the trust created under this Agreement
at the fair market value thereof; and to lend money to themselves
Trustees, or to the beneficiaries hereof, or to any member of my
family at rates of interest and with security"'determined by my
Trustees to be adequate.
(7) COURT ACCOUNTING AND BOND EXCUSED: My Trustees shall
not be required to qualify, to make or file any inventory,
appraisal, account or report to any Court or to give bond (unless in
each instance it is otherwise required to do so notwithstanding this
provision), but shall be required to furnish at least annually.to
each current beneficiary a statement giving a summary of receipts
and disbursements during each accounting period and assets on hand
at the end of the accounting period. '
(8) WITHHOLDING FOR TAXES: To withhold distribution of any
amount of property sufficient, in its judgment, to cover any liabi-
lity that may be imposed on my Trustee for estate or other taxes
until such liability is,finally determined and paid.
ARTICLE VI
Situs
This Agreement shall be construed and the trust created by
this Agreement shall be regulated and governed in accordance with
the laws of the State of North Carolina.

I "JK V I phra ` S
provisions of the Intestate Succession.Laws of the State of North
Carolina.
ARTICLE IV
Revocabilit
I reserve the right to amend or revoke this agreement,
without the consent of any other person, by a writing signed by me
and delivered to my Trustees.
ARTICLE V
Fiduciary Powers
I grant my Trustees (including any successor Trustees) the
authority and power to exercise, in their sole discretion and
without Court Order, in respect of any property forming part of any
trust created under this Agreement or otherwise in its possession
hereunder, all powers conferred by law upon Trustees, or expressed
in this Agreement, and I intend that the powers so granted be
construed in the broadest possible manner. Subject to North
Carolina General Statutes §32-26, I further confer upon my Trustees
all the powers set forth in North Carolina General Statutes §32-27,
which are hereby incorporated by reference as they exist when I
execute this Agreement. In addition, my Trustees shall also have
the power, authority and discretion hereinafter set forth.
(1) SPOKESPERSON: I direct that my son, NED S. BURST, act
as spokesman for my Trustees.
(2) TRUSTEES DECISIONS: I direct that all decisions of my
Trustees be unanimous in their negotiations with other parties.
(3) TRUSTEES VACANCIES: In the event that any Trustee
should resign, or for any reason become unable to act as Trustee,
then the remaining three (3) Trustees are hereby directed to appoint
an additional Trustee to•fill the vacancy.
(4) FACILITY OF PAYMENTS: To apply for the benefit of, or
to the use of, any person, any property (whether principal or
income) vesting in or payable to such person, without seeing to the
application of the payments so made and for which the receipt of the
payee shall be full acquittance to my 'Trustee.

To provide for myself and the members of my family, my
Trustees are specifically authorized and directed to sell, manage,
lease, develop, improve, mortgage any portion or all of the real
property herein conveyed upon such terms and conditions as my
Trustees, in their sole discretion, shall determine to be in the
best interest of my family.
2. During the continuance of this trust, net income and
principal shall be paid to or for the benefit of each member of the
family according to the needs and circumstances of each family
member for the health, education, housing, medical care and general
welfare of each member, as my Trustees, in their sole and absolute
discretion, deems to be fair and in the best interest of the Hurst
Family. My Trustees are hereby authorized and empowered in their
sole and absolute discretion, to convey the corpus of said trust to
the extent of total payment, if necessary, as they deem necessary to
provide properly for the aforementioned purposes, provided however,
that the total payments of income and principal shall result in
one-fourth (1/4th) payment to each of my children and one-fourth
(1/4th) to the widow and children of my deceased son. In making the
valuation and division into four (4) equal shares the decision of my
Trustees shall be conclusive.
3. Upon my death or ten (10) years from the date of
execution of this instrument, whichever period of time is longer,
any of the remaining trust is to be divided into four (4) equal
shares and distributed as provided in Paragraph 1 of this Article.
4. In the event of the death of a beneficiary of this Trust
(other than myself-) prior to its termination, my Trustees shall, at
.the time of• final distribution, distribute all property belonging to
the deceased beneficiary in such amount or amounts and upon such
terms and provisions as the deceased beneficiary may provide by
Will, specifically referring to this power of appointment. In
default of such appointment, my Trustees shall distribute all such
property to the heirs of such deceased beneficiaries as determined

(3) Pay any outstanding indebtedness, the costs of burial,
the administration of my estate, and all taxes which may be payable
by reason of my death.
ARTICLE II
ndebtedness
My Trustees are directed to pay that portion of the attorney
fees due from the Hurst Family under the terms of that certain
contingency contract for legal services dated September 1, 1978, the
attorneys having completed the terms of their employment upon the
entry of that Judgment in File Number 86-CVS-1466, and as recorded
in Book 855, Page 153, in the office of the Register of Deeds of
Onslow County, North Carolina. My Trustees are specifically
authorized to sell so much of the real property as may be necessary
to satisfy the obligation of the Hurst Family or in the alternative,
to transfer such property as may be necessary as my Trustees, in
their discretion, deem to be in the best interest of my family.
Upon satisfaction of the obligation under the contract, I direct my
Trustees to record appropriate notice upon the Records in Onslow
County of the payment in full.
ARTICLE III
Disposition of Trust Estate
After satisfying the obligations created under Articles I and
II, my Trustees shall hold the property for the following uses and
purposes:
1. The members of my family shall share in the income and
principal as follows:
(a) NPD S. Hulis,c, one-fourth (1/4th).
(b) My daughter, JOHNELL HURST, one-fourth (1/4th).
(c) My daughter, VENICE If. COOK, one-fourth (1/4th).
(d) The widow and children of my deceased son, HAROLD L,
HURST, one-fourth (1/4th), namely RUTH H. WILLIAMS, HAROLD HURST,
JR., HARRIETT HURST,and JOHN If. HURST.

THIS PRESENTED
TO TAX OIFFICE �,
DATE .�1yQP �J
CRAWFORD COLLIIVS
NORTH CAROLINA
ONSLOW COUNTY
JAN
COASTAL RESOURCES COMM' -00AML RF�osl,^.c�S-Gfk11>".
DEED TO TRUSTEES
THIS DEED, made this _2,q _ day of February, 1988, by GERTRUDE
HURST, of Onslow County, North Carolina, to NED S. HURST, JOHNELL
HURST, HARRIETT HURST and JESSE O. HINES, SR., as Co -Trustees;
W I T N E S S E T H.:
That I, GERTRUDE•' HURST, do hereby grant, transfer and convey
unto NED S. HURST, JOHNELL HURST, HARRIETT HURST and JESSE O. HINES,
SR., as Trustees, the following tracts or parcels of land lying in
Swansboro Township, Onslow County, North Carolina:
TRACT 1: Being all of Section One containing 72.06 acres,
more or less, as shown on plat entitled "Sharpe Home Place
and Section One, The Hammocks," dated May 1, 1985, prepared
by Donald Clements, Jr., R.L.S., number L-2460, recorded
October 20, 1986, in Map Book 24, Page 72, Slide D-201 in the
office of the Register of Deeds of Onslow County, North
Carolina, said recorded plat being incorporated herein by
this reference for the purpose of providing a particular.
description.
TRACT II: Being all of that property not designated Town of
Swansboro Property, 30 foot right of way, and 75 foot right
of way, containing 3 acreage designations of 141.77 acres +,
5.46 acres +, and 18.06 acres +, all as shown on that certain
plat entitled "Section Two, The Hammocks," dated May 1, 1985,
prepared by Donald Clements, Jr.', R.L.S., number L-2460,
recorded October 20, 1986, in Map Book 24, Page 73, Slide
D-21, in the office of the Register of Deeds of Onslow
County, North Carolina, said recorded plat being incorporated
herein by this reference for the purpose of providing a
particular description.
TO HAVE AND TO HOLD said property IN TRUST, for the purposes
and in accordance with the following:
ARTICLE I
Lifetime and Death Benefits
Prior to my death, my Trustees shall:
(1) Pay over to me such part or all of the income or princi-
pal of this trust or reconvey so much of the property as I may, from
time to time, direct;
(2) Pay or apply such part or all of the income and princi-
pal of this trust as my Trustees may deem necessary to provide for
the proper support and maintenance of myself and members of my
family, as provided in Paragragh 1 of Article III hereafter.

0
State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor A
Jonathan B. Howes, Secretary [:) E H N FR
Roger N. Schecter, Director
April 15, 1996
Mr. John H. Hurst
HURST HARBOR HOMEOWNERS PARK
P. O. Box 515
Swansboro, NC 28584
Dear Sir:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and state dredge and fill permit to carry out construction on property located
in Swansboro on the White Oak River, Lots 219 ("A") and 220 ("B") off Water Street, Onslow
County. Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make June 27, 1996 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact this office.
Very sincerely,
Pi�%7-tw 4
Doug Huggett
Asst. Major Permits Coordinator.
DH/aw
cc: Jim Mercer
DCM--Morehead City
P.O. Box 27687, N
7�� C FAX [phone]
Raleigh, North Carolina 27611-7687 AnEqual Opportunity/Affirmafive Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Mrs. Venice Cook, Trustee
c/o Gertrude L. Hurst Trust
P.O. Box 515
Swansboro, NC 28584
Dear Mrs. Cook:
/\ ��•
ID FE F=1
February 21, 1996
The Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located near
Swansboro, on Foster Creek, between Lots 9 and 10 at the end of Harold Avenue,
in Hurst Harbor North Subdivision, Onslow County. it was received on January
and appears to be adequate for processing at this time. The
projected deadline for making a decision igbApril 11, 1996. An additional 75-
day review period is provided by law when such time is necessary to complete
the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th
day.
NCGS 113A-119(b) requires that Notice of an application be posted at the
location of the proposed development. Enclosed you will find a "Notice of
Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice
could result in an incomplete application.
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.
Cordially yours,
e L. Mercer
Fie Representative 11
JLM/dh
Enclosure
cc: John Parker
Charles S. Jones
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

Point Emerald Villas
Emerald Isle, NC 28594
Phone [phone]
July 11, 1995
Permit Officer
Morehead City District
N.C. Division of Coastal Management
P.O. Box 769 / 3441 Arendell St.
Morehead City, NC 28557
Dear Permit Officer,
I own lot 9 Hurst Harbor North subdivision, which is adjacent
to the homeowner's park. I have reviewed the proposed
improvements for the "Hurst Harbor North" homeowner's park,
as shown on the plans by Donald C. Clements Jr. dated April
24, 1995. I have no objection to the proposed dock and
launching ramp. T do support this project.
Sincerely,
John Caddell
AUG 2 11995
onrwr■rrruu ■ ■■■ar■■.a-,3

P.O. Box 155
Swansboro, NC 28705
Phone [phone]
July 11, 1995
Permit Officer
Morehead City District
N.C. Division of Coastal Management
P.O. Box 769 / 3441 Arendell St.
Morehead City, NC 28557
Dear Permit Officer,
I own lot 10 Hurst Harbor North subdivision, which is
adjacent to the homeowner's park. I have reviewed the
proposed improvements for the Hurst Harbor North"
homeowner's park, as shown on the plans by Donald C.
Clements Jr. dated April 24, 1995. 1 have no objection to
the proposed dock and launching ramp. I do support this
project.
JUL 2 5 N6

J4
,1^
acs 8 1 O plGEIM
IN WITNESS WHEREOF, I do hereby sign*and seal this instrument
and my Trustees in executing same hereby acknowledges receipt of
property set forth herein and accepts the trust created hereunder
and covenants to faithfully discharge all duties of their office as
Trustee, this the -9— day of � 1 1988.
AL)
EAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF NORTH CAROLINA
COUNTY OF ONS40W
it , a Notary Public in and for
said County and State, do hereby certify that GERTRUDE HURST, NED
S. HURST, JOHNELL HURST, HARRIETT HURST, and JESSE O. HINES, SR.,
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
� WITNESS my hand and notarial seal, this the-r--:7' day of
1988.
My Commission Expires:
°CSUf °a to
Notary Public
it
in An°
oif"° ;o
nd
w� a°°°°ntca t°March' ,

t
:'+ 870 PAGE JJ
(5) NON -PRO RATA DISTRIBUTION: .To make distributions under
this Agreement (without the consent of any beneficiary) in cash or
in specific property, real or personal, or in undivided interests
therein, or partly in cash and partly in such property, and to do so
without regard to the income tax basis of specific property allocat-
ed to any beneficiary (including any trust) and without making pro
rata divisions of specific assets.
(6) TRANSACTIONS BETWEEN RELATED ENTITIES: To sell assets
of any trust created under this agreement to themselves, as
Trustees, to the beneficiaries thereof or to any member of my family
at the fair market value hereof, and to purchase assets from any
other trust or estate, or from the beneficiaries thereof, or from
any member of my family for the trust created under this Agreement
at the fair market value thereof; and to lend money to themselves
Trustees, or to the beneficiaries hereof, or to any member of my
family at rates of interest and with security'determined by my
Trustees to be adequate.
(7) COURT ACCOUNTING AND BOND EXCUSED: My Trustees shall
not be required to qualify, to make or file any inventory,
appraisal, account or report to any Court or to give bond (unless in
each instance it is otherwise required to do so notwithstanding this
provision), but shall be required to furnish at least annually to
each current beneficiary a statement giving a summary of receipts
and disbursements during each accounting period and assets on hand
at the end of the accounting period.
(8) WITHHOLDING FOR TAXES: To withhold distribution of any
amount of property sufficient, in its judgment, to cover any liabi-
lity that may be imposed on my Trustee for estate or other taxes
until such liability is -finally determined and paid.
ARTICLE VI
Situs
This Agreement shall be construed and the trust created by
this Agreement shall be regulated and governed in accordance with
the laws of the State of North Carolina.

870pan 0s
provisions of the Intestate euccession,Laws of the State of North
Carolina.
ARTICLE IV
Revocability
I reserve the right to amend or revoke this agreement,
without the consent of any other person, by'a writing signed by me
and delivered to my Trustees:
ARTICLE V
Fiduciary Powers
I grant my Trustees (including any successor Trustees) -the
authority and power to exercise, in their sole discretion and
without Court Order, in respect of any property forming part of any
trust created under this Agreement or otherwise in its possession
hereunder, all powers conferred by law upon Trustees, or expressed
in this Agreement, and I intend that the powers so granted be
construed in the broadest possible manner. Subject to North
Carolina General Statutes S32-26, I further confer upon my Trustees
all the powers set forth in North Carolina General Statutes S32-27,
which are hereby incorporated by reference as they exist when I
execute this Agreement. In addition, my Trustees shall also have
the power, authority and discretion hereinafter set forth.
(1) SPOKESPERSON: I direct that my son, NED S. HURST, act
as spokesman for my Trustees.
(2) TRUSTEES DECISIONS: I direct that all decisions of my
Trustees be unanimous in their negotiations with other parties.
(3) TRUSTEES VACANCIES: In the event that any Trustee
should resign, or for any reason become unable to act as Trustee,
then the remaining three (3) Trustees are hereby directed to appoint
an additional Trustee to fill the vacancy.
(4) FACILITY OF PAYMENTS: To apply for the benefit of, or
to the use of, any person, any property (whether principal or
income) vesting in or payable to such person, without seeing to the
application of the payments so made and for which the receipt of the
payee shall be full acquittance to my 'Trustee.

97
To provide for myself and the members of my family, my
Trustees are specifically authorized and directed to sell, manage,
lease, develop, improve, mortgage any portion or all of the real
property herein conveyed upon such terms and conditions as my
Trustees, in their sole discretion, shall determine to be in the
best interest of my family.
2. During the continuance of this trust, net income and
principal shall be paid to or for the benefit of each member of the
family according to the needs and circumstances of each family
member for the health, education, housing, medical care and general
welfare of each member, as my Trustees, in their sole and absolute
discretion, deems to be fair and in the best interest of the Hurst
Family. My Trustees are hereby authorized and empowered in their
sole and absolute discretion, to convey the corpus of said trust to
the extent of total payment, if necessary, as they deem necessary to
provide properly for the aforementioned purposes, provided however,
that the total payments of income and, principal shall result in
one-fourth (1/4th) payment to each of my children and one-fourth
(1/4th) to the widow and children of my deceased son. In making the
valuation and division into four (4) equal shares the decision of my
Trustees shall be conclusive.
3. Upon my death or ten (10) years from the date of
execution of this instrument, whichever period of time is longer,
any of the remaining trust is to be divided into four (4) equal
shares and distributed as provided in Paragraph 1 of this Article.
4. In the event of the death of a beneficiary of this Trust
(other than myself-) prior to its termination, my Trustees shall, at
.the time of final distribution, distribute all property belonging to
the deceased beneficiary in such amount or amounts and upon such
terms and provisions as the deceased beneficiary may provide by
Will, specifically referring to this power of appointment. In
default of such appointment, my Trustees shall distribute all such
property to the heirs of such deceased beneficiaries as determined
u

�QK 87ONGUE 96
(3) Pay any outstanding indebtedness, the costs of burial,
the administration of my estate, and all taxes which may be payable
by reason of my death.
ARTICLE II
Indebtedness
My Trustees are directed to pay that portion of the attorney
fees due from the Hurst Family under the terms of that certain
contingency contract for legal services dated September 1, 1978, the
attorneys having completed the terms of their employment upon the
entry of that Judgment in File Number 86-CVS-1466, and as recorded
in Book 855, Page 153, in the office of the Register of Deeds of
Onslow County, North Carolina. My Trustees are specifically
authorized to sell so much of the real property as may be necessary
to satisfy the obligation of the Hurst Family or in the alternative,
to transfer such property as may be necessary as my Trustees, in
their discretion, deem to be in the best interest of my family.
Upon satisfaction of the obligation under the contract, I direct my
Trustees to record appropriate notice upon the Records in Onslow
County of the payment in full.
ARTICLE III
Disposition of Trust Estate
After satisfying the obligations created under Articles I and
II, my Trustees shall hold the property for the following uses and
purposes:
1. The members of my family shall share in the income and
principal as follows:
(a) NED S. HURST, one-fourth (1/4th).
(b) My daughter, JOHNELL HURST, one-fourth (1/4th).
(c)
My
daughter,
1.
VENICE 11.
COOK,
one-fourth (1/4th).
(d)
The
widow and
children
of my
deceased son, HAROLD L.
HURST, one-fourth (1/4th), namely RUTH H. WILLIAMS, HAROLD HURST,
JR., HARRIETT HURST,and JOHN 11. HURST.

NORTH CAROLINA
ONSLOW COUNTY
..95
RV
wwp
,. 4y
JAN 12 1992
IHIS PRESENTED
TO TAX OFFICE
DATE-S -J L ZO
CRAWFORD COLLINS
COASTAL RESOURCES COMM, 00AGTAI_
DEED TO TRUSTEES
THIS DEED, made this _2�1 day of February, 1988, by GERTRUDE
HURST, of Onslow County, North Carolina, to NED S. HURST, JOHNELL
HURST, HARRIETT HURST and JESSE O. HINES, SR., as Co -Trustees;
W I T N E S S E T I1:
That I, GERTRUDE HURST, do hereby grant,, transfer and convey
unto NED S. HURST, JOIINELL HURST, HARRIETT HURST and JESSE O. HINES,
SR., as Trustees, the following tracts or parcels of land lying in
Swansboro Township, Onslow County, North Carolina:
TRACT 1: Being all of Section One containing 72.06 acres,
more or less, as shown on plat entitled "Sharpe Home Place
and Section One, The Hammocks," dated May 1, 1985, prepared
by Donald Clements, Jr., R.L.S., number L-2460, recorded
October 20, 1966, in Map Book 24, Page 72, Slide D-201in the
office of the Register of Deeds of Onslow County, North
Carolina, said recorded plat being incorporated herein by
this reference for the purpose of providing a particular.
description.
TRACT II: Being all of that property not designated Town of
Swansboro'Property, 30 foot right of way, and 75 foot right
of way, containing 3 acreage designations of 141.77 acres +,
5.46 acres +, and 18.06 acres +, all as shown on that certain
plat entitled "Section Two, The Hammocks," dated May 1, 1985,
prepared by Donald Clements, Jr.', R.L.S., number L-2460,
recorded October 20, 1986, in Map Book 24, Page 73, Slide
D-21, in the office of the Register of Deeds of Onslow
County, North Carolina, said recorded plat being incorporated
herein by this reference for the purpose of providing a
particular description.
TO HAVE AND TO HOLD said property IN TRUST, for the purposes
and in accordance with the following:.
ARTICLE I
Lifetime and Death Benefits
Prior to my death, my 'Trustees shall:
(1) Pay over to me such part or all of the income or princi-
pal of this trust or reconvey so much of the property as I may, from
time to time, direct;
(2) Pay or apply such part or all of the income and princi-
pal of this trust as my Trustees may deem necessary to provide for
the proper support and maintenance of myself and members of my
family, as provided in Paragragh 1 of Article III hereafter.

souk
NORTH CAROLINA )
COUNTY OF ONSLOW )
HAMMOCKS BEACH CORPORATION,
a nonprofit corporation,
Plaintiff
-vs-
THE FRESH AIR FUND, et al,
Defendants
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
86-CVS--1�468' `•
U` i -�tSfY
BY.-l' ,6
AtMfeM, ei y V1 °u In rurL a)
,. ,J
CONSEN •'UD�Mr�N
U, o
c-.
7
i=
Cn w
PRELIMINARY STATEMENT n
This action was filed on the 28th day of July, 1986, by
Hammocks Beach Corporation, plaintiff herein. Plaintiff is the
trustee pursuant to the terms of a charitable trust created by Dr.
William Sharpe on September 6, 1950. The original res of the trust
was approximately 10,000 acres of beach front and adjacent
properties in Onslow County, North Carolina. As a result of sev-
eral mesne conveyances, the res of the trust now consists of
approximately 805 acres. That remaining portion is the subject of
this lawsuit.
In this action, plaintiff seeks declaratory relief in the
form of a judgment quieting title to the property or, alterna-
tively, ordering an alternative disposition of the property and
administration of the trust to fulfill as nearly as possible the
manifested general intention of the settlor, Dr. William Sharpe.
The Ilvi"g Sharpe and Hurst defendants filed answer claiming that
plaintiff has failed to properly administer the trust and asserting

BOOK 855PzrdE134
a counterclaim, asking the court to order the trust terminated or,
in the alternative, to exercise the statutory equivalent of the pY
res power, or to remove Hammocks Beach Corporation as trustee, or
to clarify the property interests held by the parties. Said living
Sharpe and Hurst defendants are sometimes hereinafter referred to
as the "Sharpe and Hurst defendants" to distinguish them from
unborn parties represented by guardians.
Ned S. Hurst, Guardian ad Litem for.the unknown and
unborn heirs of Gertrude Hurst and the late John L.-Hurst, and John
T. Carter, Jr., Guardian ad Litem for the unknown and unborn heirs
of William Sharpe and wife, Josephine W. Sharpe, have each filed
answer similar to that filed by the living Sharpe and Hurst defen-
dants.
Counsel for the Sharpe and Hurst defendants have stated
to the Court that they have written authorization from the late
Josephine W. Sharpe to represent her interests in this cause, which_
writing further authorizes William Sharpe to act for her in agree-
ing to any negotiated settlement. It is unnecessary for the Court
to rely on such authorizations, however, since if Josephine W.
Sharpe at the time of her death had any interest in subject prop-
erty (which the Court hereafter finds she did not), that interest
was devised by her to The Herald Tribune Fresh Air Fund, a charita-
ble corporation of the State of New York now known as The Fresh Air
Fund, and said Fund was duly served with copy of summons and com-
plaint and, as hereinafter recited, claims no interest in said
property.
-2-

BOOK 855PAGE135
Under the terms of the trust, the North Carolina State
Board of Education was designated as contingent trustee subject to
certain occurrences as referred to hereinafter. The Charitable
Trust Administration Act, N.C.G.S. 5 36A-53, requires that in every
proceeding brought to modify or construe the terms of a charitable
trust, the North Carolina Attorney General be offered an opportu-
nity to appear and be heard. Both the State Board of Education and
the Attorney General of North Carolina have been made a party
defendant in order to represent the interests of the public and
have filed answer.
The dispute between plaintiff and defendants has con-
tinued for over a decade. The impediments to the administration of
the trust as contemplated by the settlor have existed and frus-
trated the plaintiff's attempts to develop the property for over
thirty years. Considering all circumstances, including the delays,
uncertainties, risks, and prohibitive costs inherent in this liti-
gation, the parties hereto, without in any way conceding error in
their respective legal positions, have entered into a compromise
resolution and agreement and consented to the entry of this Consent
Judgment, fully intending to bind themselves, their heirs, assigns,
and successors.
Based upon all matters of record in this case and upon
the consent of the parties, the court makes the following Findings
of Fact and Conclusions of Law.
-3-

BOOK �S�c7P:�f1�b
FINDINGS OF FACT
Dr. William Sharpe was one of the early neurosurgeons
practicing in New York City. In 1923, he acquired approximately
810 acres of high land adjacent to Queens Creek and Foster's Bay in
Onslow County, North Carolina. In 1930 and 1931, he purchased
adjacent property consisting of approximately 2,006 acres of sandy
beach outer banks (known as Bear Island) and approximately 7,000
acres of marshland. The high land portion was capable of refores-
tation or cultivation and was known as "The Hammocks." The land
•was acquired by him as a place to which he could retreat from the
demands of his professional life. The Hammocks became dear to Dr.
Sharpe, as did an Onslow County couple with.whom he became
acquainted and who moved onto the property as its tenants and
caretakers. That couple were John and Gertrude Hurst, who became
very close to Dr. and Mrs. Sharpe and who acted in loco parentis
for the Sharpe children during times when the children would visit
The Hammocks during vacations from school.
Eventually, Dr. Sharpe apprised John and Gertrude Hurst
of his desire to devise The Hammocks to them. As stated in the
Agreement dated September 6, 1950, and recorded in the Onslow
County Registry at Deed Book 221, page 634, Gertrude Hurst, having
formerly served as a black teacher• in the then racially segregated
public school system, requested Dr. Sharpe instead to make a gift
of the property in such manner that black teachers and various
youth organizations could enjoy the property. Pursuant to that
-4-

oa 855eese137
request, and rather than wait until his death, Dr. Sharpe, in 1950,
by deed of gift, gave The Hammocks to a nonprofit corporation, most
of the incorporators of which were black school teachers. Hammocks
Beach Corporation was the name given to such entity, and its char-'
ter spelled out its purpose -- to administer the property given to
it by Dr. Sharpe "primarily for the teachers in public and private
elementary, secondary and collegiate institutions for Negroes in
North Carolina . . . and for such other groups as are hereinafter
set forth." The deed to Hammocks Beach Corporation as trustee
restricted the use of the property for the use and benefit of the
members of "The North Carolina Teachers Association, Inc., and such
others as are provided for in the Charter of Hammocks Beach Corpo-
ration."
The terms of the trust deed from Dr. Sharpe to Hammocks
Beach Corporation, as amplified by a simultaneously executed agree-
ment, subjected all or portions of The Hammocks to numerous rights
of use and possession in the Sharpe and Hurst families, including
the right to cultivate, to quarry, to raise livestock, to travel
over the land incident to taking fin fish and shellfish in adjacent
waters, and to reside there. The trust property, originally con-
sisting of approximately 10,000 acres, has now been reduced to
approximately 805.. Approximately 2,000 ocean front acres were,
with the -concurrence of Dr. Sharpe and Mr. and Mrs. Hurst, conveyed
by Hammocks, Beach Corporation trustee, to the State of North
Carolina, without compensation, and now comprise Hammocks Beach
-5-

State Park. The trustee therea`Y f�cV4ksced in the claim by the
State of North Carolina of title to approximately 7,000 acres of
marshland.
Hammocks Beach Corporation has, leased two areas of The
Hammocks, consisting of approximately 30 and 26.5 acres, respec-
tively, for summer camp purposes to the North Carolina Agricultural
Extension Service (for use by the 4-H organization) and to Future
Farmers of America. There is an assembly building on the property
which, over the years, has been used sporadically. Hammocks Beach
Corporation has had irregular meetings there of its board of direc-
tors and members.
Although there was, in 1950, no indication that within
that decade the United States Supreme Court would decide a case
which would eventually desegregate the public school systems,
Dr. Sharpe made certain provisions in the deed looking to the pos-
sibility that fulfillment of the purposes of the trust may become
impossible or impracticable. He directed that in such event, and
after declaration of same by its Board of Directors, Hammocks
Beach Corporation should convey the property to the North Carolina
State Board of Education (hereinater "the Board") as trustee "for
the purpose of continuing the trust," and further directed that if
the Board refused to accept a conveyance for'that purpose, the
property would instead be conveyed to Dr. Sharpe and to John and
Gertrude Hurst and their "heirs and descendants."
The integration of the public schools which occurred fol-
lowing the gift of the property to Hammocks Beach Corporation has

BOOK 855P",L133
impacted on both the constituency which Dr. Sharpe intended to ben-
efit from the trust and on the ability of Hammocks Beach Corpora-
tion to obtain financial support for the improvement of The Ham-
mocks to serve its intended purpose. The North Carolina Teachers
Association, Inc., the black teachers organization intended as the
primary beneficiary, and several of the all -black youth and civic
organizations listed in the Charter of Hammocks Beach Corporation,
either do not now exist or are relatively nonfunctional. Only the
4-H and the FFA organizations use the property, and then only dur-
ing the summer months, and only to the extent of approximately four
per cent of the 805 acres held in trust.
The amended charter of Hammocks Beach Corporation calls
for a board of directors of thirty-one persons, over half of whom
are officers or designees of the North Carolina.Teachers ASSOCia-
tion, Inc., an organization which no longer exists.
The trust terms prohibit the mortgaging or sale of prop-
erty. Hammocks Beach Corporation has, in recent years, not been
able even to defray ad valorem taxes on the property and has never
improved or developed the property to an extent which approaches
its potential or is consistent with the value of the property.
Even if financial resources were available, the significant rights
of use and occupancy vested in the Sharpe and Hurst families so
encumber the land that under modern circumstances it would be
totally impracticable to devote funds to improving the land for
rs*:cremt-.av-mmh activities that would conflict with such rights in the
-7-

BOOK 855PAGE140
Sharpes and Hursts. Thus, by reason of a change of circumstances
not foreseeable in 1950, financial and physical factors render ful-
fillment of the terms of the trust impossible, and that is.the case
whether the trustee be Hammocks Beach Corporation or the Board.
Even if the Board could lawfully take title in its name, which
under statutes governing titles to state property it cannot now do,
its members have disclaimed any interest in the Board's serving as
trustee or otherw.ise attempting to adapt the property to the stated
purposes of the trust. In any event, the Board could not, and will
not, spend tax revenues for the purpose of administering or
improving a racially segregated facility.
The integration of the public schools and the virtual
disintegration of the organizations for black people which were
contemplated by Dr. Sharpe as primary beneficiaries and financial
supporters of the trust are circumstances unforeseen by Dr. Sharpe
and, in combination with the rights vested in the Sharpe and Hurst
families and the prohibition against the mortgage and sale of prop-
erty, render the fulfillment of the trust terms impossible or
impracticable of fulfillment.
The trust is impossible or impracticable of fulfillment
whether the trustee continues -to be Hammocks Beach Corporation or
whether, in the event the Hoard; would so agree, the trust
responsibilities should be assumed by it or by any other agency of
state government. Thus, Dr. Sharpe's alternate plan of having the
Board assume the trust responsibilities in the event of the

BOOK 600PIA41
impossibility or impracticability of fulfillment of the trust terms
also fails for the same reasons.
Hammocks Beach Corporation contends that either it should
be vested with fee simple title to a portion of the trust property
or that the terms of the trust should be modified so that an appro-
priate portion'of the trust property may be held by it free of any
rights vested in the Sharpe and Hurst families and with authority
to mortgage and sell in its discretion.
The Sharpe and Hurst defendants, on the other hand, con-
tend that fulfillment of the trust terms has become impossible or
impracticable, that Hammocks Beach Corporation has acted capri-
ciously and contrary to the intent of the settlor in not declaring
its recognition of such, and that the court should declare the
trust terminated and either mandate a conveyance of all of the
property to the Sharpe and Hurst families or adjudicate title in
their names.
The Fresh Air Fund, devisee under the will of the late
Josephine W. Sharpe, has been duly served with copy of summons and
complaint and has not filed answer. Its attorney, E. Douglas
Hamilton, of the New York Bar, has advised the court by letter that
it will not file'answer. The late Josephine W. Sharpe had no
interest in The Hammocks at the?time of the 1950 trust deed other
than an inchoate right of dower, and her joinder in the execution
of that deed extinguished that interest. At the time of her death,
she had no interest in the property, either by reason of the terms
Q10

aaoh 855F,GE142
of the trust deed or the terms of her predeceased husband's will,
or otherwise. She, therefore, owned no interest which she could
have included in the devise to The Fresh Air Fund contained in her
will. Certified copy of her duly probated will is appended to
written stipulations by the parties approved by the Court on this
date.
Ned S. Hurst, Guardian ad Litem for the unknown and
unborn heirs of John L. Hurst and wife, Gertrude Hurst, and John T.
Carter, Jr., Guardian ad Litem for the unknown and unborn heirs of
William Sharpe and wife, Josephine W. Sharpe, have each filed
answer wherein they have fully asserted the interests of their
wards and they have appeared before the court and otherwise pro-
tected their position.
The Attorney General of the State of North Carolina has
filed answer and, through Andrew A. Vanore, Jr., Chief Deputy
Attorney General, appeared before the Court and asserted the public
interest. The Attorney General has advised the Court that the
State Board of Education has no interest in succeeding Hammocks
Beach Corporation as trustee and would not agree to do so, and oth-
erwise takes no position in respect to this litigation.
In an effort to avoid the risk of a trial of this action
and in search of a means of continuing the trust so as to carry out
the original intentions of Dr. Sharpe, the parties have negotiated
at great length. Through their counsel, they have stated to the
court that, subject to the court's approval, they have agreed to
-10-

1. nox 855P4JE143
the entry of a judgment which would (1) enable Hammocks Beach Cor-
poration to retain title to a.sufficient portion of the land to
serve the trust purposes, with additional powers of administration
which should enable it to improve the property to the extent rea-
sonably necessary, and (2) vest in the Sharpe and Hurst families a
reasonable portion of the land in exchange for their relinquishing
rights in that portion to be vested solely in Hammocks Beach Corpo-
ration as trustee.
The two aforesaid Guardians and the Attorney General have
stated to the Court their belief that the settlement proposed is in
the best interest of those they represent.
CONCLUSIONS OF LAW
The court concludes as a matter of law that:
(a) The Court has jurisdiction of the subject matter and
over each of the parties to this action.
(b) There is substantial evidence, and the Court finds,
that the fulfillment of the terms of the trust created by the. deed
from Dr. William Sharpe to Hammocks Beach Corporation is impossible
or impracticable. If this litigation is not compromised and a
trial ensues, Hammocks Beach Corporation will incur a substantial
risk that the counterclaims of the defendants Sharpe and Hurst
would prevail, with resulting termination of the trust and a con-
veyance of the real property to the Sharpe and Hurst families.
(c) The settlement which has resulted from negotiations
betweem the parties, whereunder Hammocks Beach Corporation as
-11-

BOOK 855 ME 144.
.t-rustee would hold title to an appropriate portion of The Hammocks
free of any claims of the Sharpes and Hursts and with broader
administrative powers, with the remainder of said property being
vested in the Sharpe and Hurst defendants, is fair, reasonable, and
in the best interests of the present and prospective beneficiaries
of the trust, as well as the public interest, and is accordingly
approved. The Court finds that such negotiations have been in good
faith and at arms'.length and further finds that in so negotiating
and agreeing to this settlement, Hammocks Beach Corporation, as
trustee, has acted properly and in the best interest of the trust.
(d) The agreed settlement is fair and in the best inter-
ests of the unknown and unborn Sharpe and Hurst heirs, who have
been fully and adequately represented by counsel.
(e) The Fresh Air Fund, a nonprofit corporation of the
State of New York which has succeeded to the interests, if any, of
the late Josephine W. Sharpe in the subject property, has not filed
answer. The court has found that the late Josephine W. Sharpe had
no title to the subject property which could have been devised by
her to The Fresh Air Fund and, accordingly, The Fresh Air Fund has
no interest in the property which is the subject of this action.
ADJUDICATION
IT IS, THEREFORE, BY CONSENT, ORDERED AND ADJUDGED that:
1. Hammocks Beach.Corporation, trustee, is vested with
title to the following described portion of the real property which
was conveyed by Dr. William Sharpe to Hammocks Beach Corporation,
trustee, by deed dated August 10, 1950, recorded in the Onslow
County Registry at Book 221, page 636:
-12-

TRACT I: Being all of Section 3 cont-aining.
289.5.0 acres, more or less, as shown on plat
entitled "Section Three, The Hammocks," dated
May 1, 1985, prepared by Donald C. Clements,
Jr., R.L.S., number L-2460, recorded'October
20, 1986, in Map Book 24, Page 74, Slide D-22,
in the office of the Register of Deeds of
Onslow County, North Carolina, said recorded
plat being incorporated herein by this refer-
ence for the purpose of providing a particular
description.
TRACT II: Being 29.91 acres, more or less,
located at the terminus of Secondary Road No.
1552, the western boundary adjoining the waters
of Queens Creek, the northern boundary leaving
the waters of Queens Creek, and running North
54 degrees 7 minutes East 884.0 feet to a set
iron pipe, the eastern boundary running South
36 degrees 33 minutes East 1144 feet to a set
iron pipe and the Southern Boundary running
South 54 degrees 07 minutes West 1091.59 feet
along an old fence on line, all as shown on
plat entitled "Section Four, The Hammocks,'
dated May-1, 1985, prepared by Donald Clements,
Jr., R.L.S., number L-2460, recorded October
20, 1986, in Map Book 24, Page 75, Slide D-23,"
in the office of the Register of Deeds of
Onslow County, North Carolina, said recorded
plat being incorporated herein by this refer-
ence for the purpose of providing a particular
description.
2. Hammocks Beach Corporation, trustee, holds title to
said property subject to the trust terms set forth in the aforesaid
deed dated August 10, 1950, recorded in the Onslow County Registry
at Book 221, page 636, and in Agreement dated September 6, 1950,
and recorded in the Onslow County Registry at Book 221, page 634.
Said trustee shall not, however, be under a prohibition against the
mortgaging or sale of said property. On application"to the court
by motion, copy of which shall be served on the Attorney General,
tbie. Court may approve the encumbering of said property, or the sale
a.L a portion thereof, for the purpose of generating funds for use
in furtherance of the terms of the trust.
-13-

aooK 855?4cf148
party to execute such further document as may be necessary to
effectuate the purpose of this Judgment.
8. Neither of the parties to this action who are
receiving title pursuant to the foregoing adjudication, nor any
heir, assignee, or successor of such party, shall permit or engage
in construction of any improvements of any kind (other than street
intersections) within a zone extending 100 feet on each side of the
center line of State Road 1511, said road being delineated on the
aforesaid plats of The Hammocks dated May 1, 1985.
9. The titles herein vested in the parties are subject
to a right of way, and said parties hereby grant a right of way, to
the State of North Carolina in the access road leading to Hammocks
Beach State Park (the Park), said access road running west from the
southern end of.SR 1511 to the Park, as shown on maps recorded in
the Onslow County Registry in Map Book 24, Pages and Slides: p.
72, Slide D-20; p. 73, Slide D-21; p. 74; Slide D-22; and p. 75,
Slide D-23. Within thirty days after being so requested by the
North Carolina Department of Transportation plaintiff and the
defendants Sharpe and Hurst shall convey said right of way to the
State by deed or deeds prepared by said Department.
10. 'The Sharpe and Hurst defendants loaned the sum of
$25,207.86 to Hammocks Beach Corporation to enable it to pay ad
valorem taxes and.its agreed portion of the cost of surveying the
trust property. Hammocks Beach Corporation is indebted to the
Sharpe and Hurst defendants for the payment of said funds, together
-16-

BOOK MO PASA-DU
Con§ented To BY:
(Q)J.Qq_"I
William Sharpe
No\ kca;(C
b �U Lt _11\- act
Y Nancy E. Caird, by her
attorney -in -fact, William Sharpe
Gertrude Hurst
qea S. Hurst
R th H. Williams
L t N w-j � I
Harold Hurst, Jr. ,
Harriett Hurst
Xssee 0.� �HQinneess SR.
ioll Hurst
n H. Hurst
5M

Bou 855 pnE 152
STATE OF NORTH CAROLINA
Lacy Z.'Thotrnburg
Attorney General
-20-

BOOK 855PAGE153
HAMMOCKS BEACH CORPORATION
"J
FERGUSON, STEIN, WATT, WALLAS
& ADKINS, P.A.
BY:
Attorneys for Ilammockq Beach Corporation
-21-

BODK 855PAGE154
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, Nancy S. Caird, a
resident of Dublin.. Ireland , hereby appoint William
Sharpe my attorney in fact and authorize him to act for me in all
matters affecting my interest in any real property situated in
Onslow County, North Carolina, and in particular my interest in
property known as The Hammocks, with the same force and effect and
to all intents and purposes as though I were personally present and
acting for myself, hereby ratifying and confirming whatever my said
attorney in fact shall do by authority hereof. Without limiting
the generality of the foregoing, I appoint the said William Sharpe,
for me and in my.name and on my behalf, to execute and acknowledge
all papers appropriate for the prosecution and defense of claims,
all documents as may be required by any court in which an action
shall be pending affecting maid property, and in particular to cxu_
cute on my behalf all documents which in his discretion may be
appropriate in respect to the entry of a Consent Judgemeisl. arising
out of the negotiated settlement of a civil action now pending
styled Hammocks Beach Corporation, plaintiff, v. The Fresh Air
Fund, et al, defendants, pending in the Superior Court of the
County of Onslow, State of North Carolina, having file number
84-CVS-1466.
This Power of Attorney shall continue in effect until
revoked by me or until my death, notwithstanding any incapacity or
mental incompetence which occurs to me after this date. No revoca-
tion by me shall be effective until. the same shall be filed with
the Clerk of Superior Court of Onslow County in the cause aforesaid
bearing file number 84-CVS-1466.
IN WITNESS WHEREOF, I have signed, sealed and acknowl-
edged this Power of Attorney this 4th day of September
1987.
+NaylS.(SEAL)
Caird
I, Eileen A. Malloy, Consul
Dublin Irela
that Nancy S. Caird per
edged the due execution
cr
.J.:
of the United States of America at
ed and qualified,do hereby certify
banally came before me this day and acknowl-
of the foregoing Power of attorney.
Witness my hand and Zf- -.1
September cYel' E:eal, this 4th day of
, 1987. r•
— �iB*ar3tx8xtb$7t3r
NXx424tE9B8icStRikRAxRX(dJtRRA: `; EUMA. MALLOY
Co Oae.. LkVW Stra aAnrb

BOOK 855PIOE146
3. Said real property so vested in Hammocks Beach Corpo-
ration as trustee shall be free and clear of any rights of the
heirs of Dr. William Sharpe or of Gertrude Hurst or of the heirs of
John and Gertrude Hurst.
4. The defendants William Sharpe, Jr., and Nancy S.
Caird are hereby respectively vested with fee simple title to the
following described portions of the real property which was con-
veyed by deed dated August 10, 1950, from Dr. William Sharpe to
Hammocks Beach Corporation:
TRACT I: Being that certain tract of land
containing 253.97 acres, more or less, which is
all of the land north of that boundary desig-
nated as North 54 degrees 7 minutes East 884.0
feet and west of that boundary designated as
North 36 degrees 33 minutes East 1144 feet of
the 283.88 acre tract shown on that certain
plat entitled "Section Four, The Hammocks,"
dated May 1, 1985, prepared by Donald Clements,
Jr., R.L.S., number L-2460, recorded October
20, 1986, in Map Book 24, Page 75, Slide D-23,
in the office of the Register of Deeds of
Onslow County, North Carolina, said recorded
plat being.incorporated herein by this refer-
ence for the -purpose of providing a particular
description.
TRACT II: All of that tract designated as
"Sharpe Home Place," containing 2.26 acres more
or less, as shown on plat entitled "Sharpe Home
Place and Section One, The Hammocks," dated May
1, 1985, prepared by Donald Clements, Jr.,
R.L.S., number L-2460, recorded October 20,
1986, in Map Book 24, Page 72, Slide D-20, in
the office of the Register of Deeds of Onslow
County, North Carolina, said recorded plat
being incorporated herein by this reference for
the purpose of providing a particular descrip-
tion.
-14-

000R 855PAu-147
5. The defendant Gertrude Hurst is hereby vested with
fee simple title to the following described portions of the real
property which was conveyed.by deed dated August 10, 1950, from Dr.
William Sharpe to Hammocks Beach Corporation:
TRACT I: Being all of Section One containing
72.06. acres, more or less, as shown on plat
entitled "Sharpe Home Place and Section One,
The Hammocks," dated May 1, 1985, prepared by
Donald Clements, Jr., R.L.S., number L-2460,
recorded October 20, 1986, in Map Book 24, Page
72, Slide D-20, in the office of the Register
of Deeds of Onslow County, North Carolina, said
recorded plat being incorporated herein by this
reference for the purpose of providing a par-
ticular description.
TRACT II: Being all of that property not desig-
nated Town of Swansboro Property, 30 foot right
of way, and 75 foot right of way, containing 3
acreage designations of 141.77 acres +, 5.46
acres +, and 18.06 acres +, all as shown on
that certain plat entitled "Section Two, The
Hammocks," dated May 1, 1985, prepared by
Donald Clements, Jr., R.L.S., number L-2460,
recorded October 20, 1986, in Map Book 24, Page
73, Slide D-21, in the office of the Register
of Deeds of Onslow County, North Carolina, said
recorded plat being incorporated herein by this
reference for the purpose of providing a par-
ticular description.
6. Said Sharpe and Hurst defendants are the owners in
fee simple of the real property described, respectively, in the
preceding paragraphs four and five, free and clear of any claim of
Hammocks Beach Corporation, trustee.
7. The titles hereby adjudged to be vested shall not
require further instruments of conveyance. However, each party
hereto agrees to comply with any reasonable request of another
-15-

855PMGE149
with accrued interest at the rate of 7 1/2% per annum from October
1, 1985, until the Cate of the entry of this judgment. Thereafter
interest shall accrue at a rate equal to the Wachovia Bank & Trust
Co., N.A. prime rate. The full principal sum and accrued interest
shall be paid within 60 days after the closing of the first sale by
Hammocks Beach Corporation of a portion of the trust real estate
but in no event later than August 31, 1989. Title to the property
hereinabove adjudicates to be vested in Hammocks Beach Corporation
is, until the full payment of said indebtedness, charged with a
lien in favor of the payees of said indebtedness which shall be
enforceable as if secured by a deea of trust containing statutory
powers of foreclosure, with a trustee to be appointed, if a fore-
closure shall be called upon, by the Clerk of Superior Court of
Onslow County. The Sharpe and Hurst defendants are payees of said
indebtedness in the proportions of one-half to William S. Sharpe,
Jr., and Nancy S. Caird, and one-half to Gertrude Hurst.
11. This judgment shall be recoraed in the Onslow County
Registry and shall be cross-inaexed to the names of the parties
hereto.
12. The court shall retain jurisdiction to hear motion
filed by any party with ;respect to either the implementation of the
terms of this judgment or compliance therewith.
13. Each party shall bear its own costs.
This day of October, 10187.
-17-

BOOK 855 PA JE 151
Venice H.-Cook
!I
John . Car r Jr., Guardian
ad tem r he unknown and
unborn heirs of the late William
Sharpe and the late Josephine W.
Sharpe
ed/S.-Hufst, Guardian ad Litem
for the unknown and unborn heirs
of Gertrude Hurst and
the late John Hurst
�A At �-
Andrew A. Vanore, Jr.
Chief Deputy Attorney General
Womble Carlyle Sandridge & Rice
By: �v
Dewey W. ells
Attorneys for William Sharpe
and Nancy E. Caird
Warlick, Milsted, Dotson & Carter
By:-Cp�pj J.
Carl S. Milsted
Attorneys for Gertrude Hurst
-19-

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTaR OF April 2, 1996
Regulatory Branch
Action ID No. 199603013
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of H Homeowners Park for a
Department of the Army permit to drecge approximately 1,820 square feet of
intertidal creek bottom for a boat access channel, fill 270 square feet of
intertidal bottom for the construction of a boat ramp, and construct a pier
for the purpose of developing a community water access site on Foster Creek,
at the end of Harold Avenue, between lots 9 and 10, in the Hurst Harbor North
subdivision, in Swansboro, Onslow 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 condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands within adequate dikes or other retaining structures to
prevent spillover of solids into any vegetated wetlands or surrounding waters.
3. No excavated or fill materials will be placed at any time (including
temporary and double handling) in any vegetated wetlands or waters.
4. Excavation will not exceed 2.5 feet below the elevation of mean low
water (MLW).
5. 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.
6. No attempt will be made by the permittee to prevent the full and
free use by the public of all navigable waters at or adjacent to the
authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United
States.

7. If the display of lights and signals on the authorized structure is
not otherwise provided for by law, such lights and signals as may be
prescribed by the U.S. Coast Guard will be installed and maintained by and at
the expense of the permittee.
8. It is possible that the authorized structure may be damaged by
wavewash from passing vessels. The issuance of this permit does not relieve
the permittee from taking all proper steps to ensure the integrity of the
permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
9. The permittee will maintain the authorized work 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 having it transferred to a third party.
10. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
11. If the permittee discovers any previously unknown historic or
archeological remains while accomplishing the authorized work, he will
immediately notify the Wilmington District Engineer who will initiate the
required State/Federal coordination.
12. This Department of the Army permit does not obviate the need to
obtain other Federal, State, or local authorizations required by law.
13. This permit does not grant any property rights or exclusive
privileges.
14. In issuing this permit, the Federal Government does not assume any
liability for:
a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of
current or future Federal activities initiated on behalf of the general
public.
c. Damages to other permitted or unpermitted activities or
structures caused by the authorized activity.
d. Design and construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
2

Questions or comments may be addressed to the undersigned at telephone
[phone]. '
Sincerely,
Jef ` y H. R
i ttter
Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones, District Manager
Morehead City Regional office
North Carolina Division of
Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

_ d�
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA28402-1890
REPLY TO
ATTENTION OF
March 6, 1996
Regulatory Branch
Action ID No. 199603013
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Hurst Harbor North Homeowners Park for
Department of the Army authorization and a State Water Quality Certification
to dredge approximately 1,820 square feet of intertidal creek bottom for a
-boat access channel, fill 270 square feet of intertidal bottom-foY the
construction of a boat ramp, and construct a pier for the purpose of
developing a community water access site on Foster Creek, at the end of Harold
Avenue, between lots 9 and 10, in the Hurst Harbor North subdivision, in
Swansboro, Onslow, County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by May 6, 1996, the District Engineer will deem that waiver
has occurred.
Questions or comments may be addressed the undersigned at telephone
[phone].
Enclosure
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Pdntad an 0 Rarytled Pap&

Copies Furnished (without enclosure):
Mr. John Parker
/ Division of Coastal Management
V North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
k;4

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA28402-1ego
REPLY TO
ATTENTION OF
March 6, 1996
Regulatory Branch
Action ID No. 199603013
Hurst Harbor North Homeowners Park
Gertrude L. Hurst Trust
Post Office Box 515
Swansboro, North Carolina 28584
Dear Gentlemen:
On February 11, 1991, we renewed general permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received February 28, 1996, for Department
of the Army authorization to dredge approximately 1,820 square feet of
intertidal creek bottom for a boat access channel, fill 270 square feet of
intertidal bottom for the construction of a boat ramp, and construct a pier
for the purpose of developing a community water access site on Foster Creek,
at the end of Harold Avenue, between lots 9 and 10, in the Hurst Harbor North
subdivision, in Swansboro, Onslow County, North Carolina, indicates it to be a
candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management, if
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. only after receiving such
confirmation should you begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
Printed an 0 Recycled Paper

b. It is necessary for you to have taken all appropriate and practical
steps to reduce wetland losses. Please show all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to reduce adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please show your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by March 26, 1996. Also, a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199603013.
It will be coordinated by the undersigned in our Wilmington Field Office.
Mr. Richter is available at telephone [phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure

Copies Furnished (without enclosure):
Au
John Parker
ision of Coastal Management
th Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Field supervisor
U.S. Fish and Wildlfe`Servsce
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Bob Stroud, District Manager
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DEPARTMEI
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID. DS&D3CM3 Applicant
Waterway ruSk-t� C('r-'(- County L, ,Skow Type Work
Mr. Larry Hardy
National Marine
Service, NOAA
Fivers Island
Beaufort, North
Fisheries
Carolina 28516
Field Supervisor
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
�1F. Cam; Ie5 JoY.e..s
Mofc.�'1f.4d C,�y Regional Office
Division of Coastal Management
North Carolina Department of
Environment, Health and
__Natural Resourc �q
!�ox
I \o�f`�i�CAd C-•�y� NC '13551
Pursuant to Action ID No. 198000291, 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 ")-Sy\g4(o
Questions or comments may be addressed to A `3?, 0,+sr ,
Regulatory Branch, �I ors_ Field Office, telephone (OUO) 7,51- 4�o3�c .
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment, Health 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 January 26,
1996.
According to said application, Hurst Harbor North Homeowners Park/Mrs. Venice
Cook, Trustee, proposes to construct a community boat ramp with associated access channel
at a site on and adjacent to Foster's Creek, at the end of Harold Avenue, in Hurst Harbor
North Subdivision, near Swansboro, Onslow County.
A copy of the entire application may be examined or copied at the office of Jim
Mercer, Division of Coastal Management, located in the Division of Marine Fisheries
Building, Morehead City, N.C., [phone] during normal business hours.
Comments mailed to Roger N. Schecter, Director, Division of Coastal Management,
P. O. Box 27687, Raleigh, N. C., 27611, prior to March 18, 1996, 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: Monday, February 26, 1996