11-13 Fosters Seafood

Permit Clags
NEW
Permit Number
11-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
RECEIVED and
Coastal Resources Commission
JAN 2 5 20' V ermit
DOWMHDCiTv for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Fosters Seafood, 220 Loop Road, Belhaven, NC 27810
Authorizing development in Beaufort County adi. to Duck Creek, at 70 Captain Tom
Drive near Washington, as requested in the permittee's application dated 9/24/12. including the
attached workplan drawings (1), dated received 9/24/12
This permit, issued on January 16, 2013 , 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
wa..m .....,� vv euwv. w auwo, uuY..uvuua�m v. ,..ru uuuv.y w umy ,.auo.. u.,. e�uuu w w uuu a,m rum.
Boat Ramp
1) Unless specifically altered herein, this permit authorizes the boat ramp repair all as indicated on the
attached workplan drawings.
2) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to
contact waters of the State or waters that will enter waters of the State.
(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 Division approval.
All work must cease when the permit expires on
December 31, 2016
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Fosf16s Sk
Signature of Petmittee

Fosters Seafood
RECEIVED
JAN 2 5 2013
ADDITIONAL CONDITIONS
DCM•1 "C.
�ockine Facility
Permit # 11-13
Page 2 of 4
3) Unless specifically altered herein, this permit authorizes the three docking facilities, the boardwalk
facing the east and the construction of the breakwater and the other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this reconfigured docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
4) In order to protect traditional navigation, the 8 feet wide dock along the south facing bulkhead is hereby
deleted. Any and all reference to this structure in the attached permit application and workplan drawings
is hereby considered null and void.
5) In order to protect traditional navigation, hand rails shall be installed on the southside of the southern
most authorized docking facility. Signage shall also be installed informing users that dockage is
prohibited on the south side of the docking facility. The handrails and signs shall remain in place for the
life of the authorized docking facility.
6) The authorized breakwater shall not extend to the bottom substrate to allow for aquatic organism
transport.
7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
8) The permittee shall 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.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
11) This permit authorizes a maximum of fifteen formalized boat slips.
Upland Development
12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the gravel driveway, all as
expressly and specifically set forth in the attached permit application and workplan drawings.

Fosters Seafood
ADDITIONAL CONDITIONS
Easement
Permit # 11-13
Page 3 of 4
13) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
General
14) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
15) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
17) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
18) Nothing in this permit shall be construed as allowing any development activities to take
place on lands not owned by the permittee. The permittee is cautioned to exercise all
available cautions in the construction of the driveway to ensure that the authorized
driveway not exceed the limits of the permittee's property.
0 RECEIVED
JAN 2 5 202
DCM-Mo CITY

Fosters Seafood Permit # 11-13
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the'need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many development or
land disturbing activities are not allowed within the Environmental Management Commission's
Tar Pamlico. Contact a representative of the Division of Water Quality at [phone] for
more information concerning allowable uses within the Tar Pamlico River Buffer.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
12-1020.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2012-01864.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT`S NAME: Ernest F. Foster
2. LOCATION OF PROJECT SITE: Beaufort County off SR 1358 at 70 Captain Tom Dr. adjacent Duck
Creek and man-made canal near Washington, North Carolina
Photo Index — 1978; 59-743; L-7 1984; 74-991; 0-12 1989; 2-68-15; N-7,8
1995; 102-1106; W-3,X-3 2000; 102-1289; W-18,X-18 2006; 102-8773; B-7,C-7
State Plane Coordinates - X: 2,634,800 Y: 628,700
Bath Quadrangle- Upper Left Corner
4.
5.
1J
7.
3. INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 30 October 2012 RECED
Was Applicant Present - No
PROCESSING PROCEDURE: Application Received - 24 October 2012 TNOV 0 8 2012
Office - Washington
SITE DESCRIPTION:
(A) Local Land Use Plan -1997 Beaufort County Land Use Plan
Land Classification From LUP - Conservation (water), Conservation II Ovrly (land)
(B) AEC(s) Involved: PTS, PTA
(C) Water Dependent: Yes
(D) Intended Use: commercial
(E) Wastewater Treatment: Existing - on -site septic tank
Planned - none(has active improvement permit)
(F) Type of Structures: Existing - bulkhead, boat ramp, house pilings
Planned - 3 piers, overland dock, bulkhead, breakwater, gravel driveway
(G) Estimated Annual Rate of Erosion: none
(II) Source - applicant
HABITAT DESCRIPTION: [AREA]
nuFnr:Fn FTT.LM OTHER
(A) Vegetated Wetlands
(404)
(B) Non -Vegetated Wetlands
310 ft2
1,500 ft2
Docks
Creek Bottom
bulkhead
100 ft2
Breakwater
(C) Other (Uplands)
3,660 ft2- Driveway
covered
2,320 ft2-Dock
(D) Total Area Disturbed: f7,480 ft2 (0,17 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 3 piers, overland dock, bulkhead,
breakwater and gravel driveway to allow for the unloading, grading and packaging of blue crabs.

Ernest F. Foster RECEMD
Beaufort County
NOV 0 8 2012
Proiect settin¢
DCM-MHDCrry
The project site is located off SR 1358 at 70 Captain Tom Dr. adjacent Duck Creek near the
City of Washington in Beaufort County, North Carolina. The property is bordered on the east by
Duck Creek, on the north by a man made canal, to the south by Duck Creek and to the west
(downstream) by a developed lot with a dwelling, bulkhead and pier. The lot is located on the
western shore of the north to south flowing Creek in a location were the Creek turns to the west at
the confluence with the Pamlico River. The manmade canal on the north side of the applicant's
property is ±20' wide. On the opposite side of the manmade canal is a developed single-family
residential lot with a pier. Pilings for a single-family dwelling are present on the site. A t10' wide
unimproved compacted grass driveway is located within the Tar -Pamlico Riparian Buffer
approximately 5' landward of the canal which leads to a boat ramp adjacent the mouth of the man-
made canal. Two dilapidated wooden groins are also present on the subject property. The property is
vegetated with lawn grass, several pines and myrtles located adjacent the man-made canal. Prior to
the year 2000 there had been a single-family dwelling as well as a ±50' pier on the east facing
bulkhead. The project site is 3' above Normal Water Level (NWL).
The property was formerly owned by Mr. Thomas Bateman. Mr. Bateman had been issued
five CAMA General Permits on this property. Please see below a description of each;
CAMA General Permit #723-B issued 6 June 1984 for the construction of a 50' pier and a
bulkhead.
CAMA General Permit # 1322-B issued 3 September 1985 for the construction of bulkhead.
CAMA General Permit #11350-B issued 6 May 1993 for the construction of a bulkhead.
CAMA General Permit #12378-B issued 17 May 1994 for the construction of a bulkhead.
CAMA General Permit #14654-B issued 30 August 1995 for the construction of three 12'
long groins.
The applicant's property is stabilized with a deteriorating bulkhead facing both the east
(155') and southern (171') direction. The shoreline along the manmade canal has not been
stabilized. Water depths along the east facing shoreline range from 4.0' to approximately 6.0 feet
approximately 100' offshore. The Creek maintains a depth of approximately 6.5' to the opposite
shoreline on the east side. The Creek is approximately 500' in width and the east side of the Creek is
a pine plantation with a Coastal Wetland Fringe. Historically there has been a spit (hook shaped) of
sand vegetated with Coastal Wetlands extending to the North from the eastern side of the Creek at
the confluence with the River. The point of the hook was located near the south facing bulkhead on
the subject property. The Wetland "hook" has eroded and a sand shoal outlines the remnants of the
"hook". The traditional navigation route is located near the south facing bulkhead of the subject
property because the Creek is deeper along the bulkheaded shoreline than further offshore in the
vicinity of the hook. The water depths along this shoreline are approximately 4' and begin to
shallow to 3.5' approximately 60' offshore.

Ernest F. Foster # RECENED
Beaufort County NOV 0 g
2012
Page 2
DCM•11tHD
Duck Creek in this area is classified SC -NSW by the Environmental Management -
Commission
and is closed to shellfishing. Duck Creek is inland fishing waters and is classified as a
Primary Nursery Area. Archeological site Bf 39 is located approximately 400 feet west of the project
site.
Project description
The applicant proposes to develop the property into a commercial crab operation by
constructing three - 100' long by 5' wide piers along the east facing bulkhead establishing dockage
for 15 vessels. In the area of proposed pier construction the water is approximately 4.0' deep. The
applicant is not proposing any dredging in this application. An 8' wide dock overland along both the
east and south facing shoreline is also proposed. The docking is to allow for the unloading, grading
and packaging of blue crabs. A 100 ft. long wooden breakwater with an inch gap between every 8"
board is proposed to be located under the most downstream pier. The applicant proposes to replace
the existing east facing bulkhead (2' waterward) with a new one constructed of wood or vinyl.
Additionally, gravel (20' wide by 183' long = 3,660 ft2) will be placed on the unimproved driveway
and the existing boat ramp will be repaired.
Anticipated impacts
The project as proposed will result in the shading of approximately t1,500 ft2 of Creek
bottom associated with the construction of the 3 piers. The project will usurp approximately 14,000
ft2 of public trust area within Duck Creek. The proposed breakwater will impact f 100 ft2 of public
trust area The construction of the replacement bulkhead will result in the filling of approximately
310 ft2 of Creek bottom. A total of 3,660 ft2 of new impervious surface will be located within both
the Coastal Shoreline Area of Environmental Concern and the Tar -Pamlico Riparian Buffer as a
result of the gravel driveway. Approximately 2,320ft2 of uplands will be shaded as a result of the
construction of 8' wide dock.
Kelly Spivey — 31 October 2012

I
il" '4) V�.
WIN YWA
Syr Yak i� HAS. rz
'i r� mirW
T8Vkh&,Vd V1127AA1,
RECEIVED
Nadn CaTdOnra DhIdNOW OF COASTAL WANIAGE"F141i
Business Name
Fo.5�e-r�
-Iouck
Applicant I. First Name
rr�Le.7sf'
MI
Lag Name
Applicant 2: First Nam
Ml
Lost Name
U edd&,,,rat' appikents, please aftdch an additional page(s) vwffi names listed
Mailing Addrwx
A�0 � 00A Read
PO Etox
I
(AN
odf-apt,
shit-D
/1/.(2,
DP
�79 10
Country
� u-5
Phone No.
P-5-� -?by - �Yll a*
FAX W.
A 11A
Stfaet Mdress (ff dftmnt ftni above)
city
State
ZIP
M OWL
V
Agent! Contnider I First Na",
MI
Last Narne
Agent' Contractor 2: First Name
MI
Last Name
MaJ;ng Addu.vS ,
Flo BOX City
'Si ate
ZIP
P?None No. I
pnerip NO 7
ed.
cA.
F&K No.
C.,antrador
Street Address (4f different ftL m above)
city state
ZPP
Email
L
<Foulm voolflnuvt (01M b,40>

rD
RECEIVED
OV 0 5 2012
CM•MHD CrrY
onn Ura1A fit?•1 (Path '� clt t:i�f fJf �'f1eJIfI for
oA _pr L? u>::k xrri�Pti Nwnni
County (can 4e m4ltlple)
`._.�.
c'.a tai � %m
Opiye.Subdama
r.�7o
CiQy --
State+ Zip �-----
Phone No. Ce(�
�SaL 9 V3- 911�
t klo.(s) (itmany, attad:additbrwl page wrflP lt2tl
Tb
e�
4 , Y . 6 .
E. In whiG1 NC riser basin is the Project, 100atgd'>
_
Hartle of body OP water fKfafiL-'t to prOpGtfi6 f Pie;
Tr_ ct 1', e
Duck Creek
c. Is the water body idanified in (b) above, natural or manmade?
IROatural RAanmac�e OUnknown
_
d. Name the dosed major water body to the proposed projav:. site.
PctII'c6 lZtvet-
e. Is proposed work welhiru city limits or planning jonsdidion ?
[]Yes *No
_
I. If applicable, fist, the planning jurisdiction or dW limit, the proposed
work falls
within.
a. Total length of shoreline on the tract (R.) t
6 (c (C
c. Size of individual Ic4s) b d, Appr„Arpaie sievatian of Tract t+:;r,; NIi4Y
/575-x to 5 K Sb� "'to = /kTx 175' x83 x 71 I.14VL inormal water isvetF (p�° maC h gh w¢P+rr or
(ff many lot sizes, pleaee attach additional paga with a fist) I]fmw. ar tyt.
e. Vegetation on bad _ G-ra ss o - P,` n e Tr e e
i
I
I y T. Ulan -made features and uses now on had e X Z
QuIkhead - 6©a�-ra►nP f .$ / i` nrj Pi /r° 1 nis r-c r P a ss P b I
g. Identify and describe the existing land uses adiar2 to the proposed projad site. /T o use
� J
I h. How does local government zone an hecr e, NO /I --- j the f, p000-ed proKaci consciervt with the appliable zonning; 1
{ANaM znnirlg rxmplianni certificate, k applicat=te1
j. Is the proposed adivirf pad afar. unbar watertront redevelopr%.nt proposol' ®'des. 67--
k. Has a profes.5asnal arcna€eologi:;;al aysu:;vnrsn' been done fe)r the iradti yes, attach a copy. [;Vas ON* [314A,
If yea, by whoa*.?
Eoepmpor-+4 pmet3 IZI- in a Nadonal P.egi^.e+,rad Historic Curia c:r dues d invoP.roa❑-: asbiof ai Register listed or eI :R)Ip property'
:^r"wmr� IC�Inll�luTlmu� stm uoraa"� �rl�{gc�;:,

Fonrin 0CM MP-9 (Page 3 of 4,
APPLIC,%lQu4i, for
rN 0 V 0 5 2 0 UaJor Developme"I Permit
m. (i) Are there wetlands on the site?
NO
(H) Are there coastal wetlands on the sile?
Oyes )4NO
(III) If yes to either (I) or (it) above, has a delineation been conducted? ANO
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
le EX
o Describe existing drinking water *uppty source-
6eiat.4 fo Co a n Wate, r
p. Describe existing storm water management or treatment systems.
-Sur-dace
Rign-oLe
8. Will the projeebe for commercial, public, or private use?
,ornmarcial LjPublic/Government
C)PrivatetCommunitv
b. Give a brief description of purpose. use, and daily operations of the project when complete. rl'e U-P
Ai ),A
Crab b005 —I?--/-0 Lde.,U)e,'yh pOr- K 41ILdL bLky A�Chl eZ Mell-C.U(C
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
at equipment and where it is to be stored. a h e- &#A ya w:t-h Pile- Or,i11ee,"*rPump J. Aug YP
Air PkfTiKq PI'le I" S *1--6t41(-hejj DOWIN - 0 A Sj"fe LV A ek U)OrK beq,'J1_q
v)FA e f- wir'5 e- z 40 :L�.I- OoP 204,� Ee I Aallog".4'4/'z7&/O
d. List all development activities you propose. 3-/00 J0rig x
S- At W"de piers; / 5-6'f-ID FIVew Sit lk_hP_ad UArev-1UArJ aFeXc fhy
bulk- h e4 A -on cLux-K creeks;,Le, Oreak Water pler
a" r'd Wd I ft, '19 0 -Pt /Le Af X, 13 f t U) de, CLr& t; e( a PL i- i ve_-Wd�
e. Are the proposed adwilies maintenance or an existing projed, new work, or both?
I. What is the approximate tote[ disturbed land area resulfing from the proposed projecil CRSq,Ft or r.lAcres
27 3,) 4 o -s L
g. Will the proposed project encroach on any public easonent, public accessway or other area (73yes DINO ONA
that the public has established use ol?
h. Describe location and type of existing and proposed discharges to waters of the state. f- u n
i. Wile wastewater or stormwa;er be discharged into a wetland'? IMA
It yes, will this discharged water be of the same salinity as the rece'rung waior:` 0'rea ONO CrA
j. Is there any mitigation proposed"` DYss Mp4o CIVAA
K yes, jita-al a mitigation proposal.
ucr'a3tt, '­1 'Q!1i' MCD"�

NOV
for
&426IZaiopment P,,,rrmi
P
liarruii�'. ro 4�fVde,'PO4"/'- Ol. bu #L.SeJ ra to S �-Ojme'o Jeclaf Cralirbei
b, An arcurate,dated work plat (including plan view and dtawn to scale. Please give the present StAlLn *4 the
K any povifirin Mratady, r."nploke? It previously authonzadwofk, dearly indicate on maps, plats, drawings to didinQuish
between work completed and proposed.
c' W lo':atw map that is Zuffideritly detailed to ;uido agency personnel unfamiliar will.% the area lode site.
tl. A copy of dic, deed (wiih stake application only) or other instrument Linder which, the applicant claims bile to the affected properties.
9, The apprc�pnoteapplication, fi-e `,heck or money order made payable to DENR
I. A list, of the names and corripv. addm- tsesof the adjacent. waterfront (riparian) landowners and signed returri as proof that such
owners h"Ve received 2 copy Such landowner smust
which to on,4-. ;,QW prowd lo itip biwinion of Coastal MariagerieO
47�7
Nzr
bvlrjre
g. A list of previous state or federal permits ailiu�d for work on the project trail. Include permit numberit, pe"ifter., and issuing dates.
h. Signed oonsultant or agent authorization form, N applicable.
i. Weiland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed b3' #rop-ii, —rwr,
k. A statement of compliance with the M-C. Environnenc*11 poir.y Ad. (N.C.G.S. 1 i3A 1-10), If the pioijed, involves eigonditure
of public kinds or use of public lands, attach a siatem.ni do�..urrienting compliance with the North Carofina Emamnmental PohcyA(x
I und(Mland that any PeMIN u-r.7uefj In re' :Jpyr �p f Oms dl,"Plitation Nil all()* only the dejelopinient deacribed in Inc applicqtion.
The prefect `wilt thp! subied, E� in ,a contained in the pemnK.
eater an the akrpmanikned lands m conineclion with evaluating information related to this permit application and follow-up
morivitAig 01 OW
I further cerbfv that tha, information provided in this application is truthful to the best of my knowledge.
Date U Print !Name
*nature
Please indirane dDeAxaifion a"chavieAaa ipertainingi to your proposed pro* --I.
w6c,miLIP-2 EAravation and Fill Information C)MM MP-5 Bindges, and Culverts
016CM MP-2 vpland
MOCM MP4 Structures Inforinabori
I

Forts 0CM MP-2 RECEIVED
EA"'CAVATION and FILL NOV 05 201?
(Except for bridges and cautvests)
Attach this form to Joint Application for LAMA Major Permit, Form OCM MP-1, Be sure to compete all -MHDr Cl ns of the Joint
Application that relate to this proposed project. Please Include all supplemental Information.
7escribe below the purpose of proposed excavation and/or rill activities. Al) values should be given In feet,
Access
-
Chan net
(NLW or
Canal
Beat Basin
Boat Ramp
Rock Grain
black
(excluding
NVVL
Breakwater
shoreline
_ength
stabilization
Vidth
ivglsting.Ex
)epth
NA
'Inai protect
teepth 1
NA
NA
EJCCA V/A
Amount of material to
cubic yards.
excavated from
or NWL in
(1) Does the area to be excavated include coastal wedandslmarsh
(GW), submerged-aqu:attc vegetation (5AV), shell bottom (99).
or other wetlands (WL)7 If any boxes are checked, provide the
number of square Peep affedtcd.
[fCW OSAV° OsB _
OWL ONone
(if) Describe the purpose of the excavation in these areas:
DISPOSAL OF E CAVATt'O MA 7-ERIRIAL
of disposal area.
W Oo you claim title to disposal area?
❑Yes (JNo CNA
(it) If no, attach a letter granting permission from the Owner
0) Does the disposal area include any coastal wetlands/marsh
(CW ), submerged aquatic vegetation ($AV), shell bottom ($a).
or other wetlands (WL)? It any boxes arc chocked, provide the
number Of square (eel affected.
OCW OSAV QSB .�
OWL ONone
(it) Describe the purpose of disposal in these areas:
sect/an not applicable
b. Type of material to be excavated.
d. High -ground excavation in cubic yards.
section not applicable
of dispusal area.
d. (1) Will a disposal area be available for future maintenance?
[]Yes ONO ONA
(if) It yes, where?
L M Clots the disposal include any area in the water?
[lies ONO IONA
(it) If yes, how much wafer area is affected?

3. SHORELINE STABILIZATION
(If development' is a wood groin, use MP-4 Structures)
3.
Ottilkhead QP1prap DOreakwaterlSill D01her. _
.. Average dtstanr.e waterward of NHW or NWL d.
e. Type of stabilisation material: (.
woe) d, a92 Ui n l
0Thrs secilon not appllcelle
Length:
Width: _2,—Pf .
Maximum distance waterward of NHW or NWI.: - NOV 0 5 2012
DCMMADCI7Y
fi) Has there been shoreline. erosion during preceding 12
mcmths?
Dyes qNo DNA
(li) It yes, state amount of erosion and source of 4ironion amount
Infoneatian.. '
a.. Number of square leek of fill'lo be placed below water level. h. Type of rill material.
Bulkhead barkiill 30 Riprap
Breakwater/Sill _ Other - — ------_.._.,-...�..._..-_..,...,�.—_.-
I. Source of fill material. -
4. OTHER FILL ACTT ITIBS —� JYJbi.,seciian,no+applicable
(Excluding Shoreline Stabilization)
a. (i) WIII fill malarial 6e brough8 la the sites? ❑Yes C3No DNA
b. (i) Will All material be paced in coastal wrllands/marsh (GW.),
submerged aquatic +egeRation ($Ali), Shell baattorn (SB), or
I) yes.
other w0arids (WI<); If am+ taxes are t:heit:ked, orovida the
(it) Amount of material to be placed in the water ,T
number of squ+sro loot. iffec'ked.
(Ili) plmarisions of t'i0 area
[IGW LISA'+' ___ DC
IN) Purpose of till
OWL .,� ONone
(it)Describe the purpose of the rill In these areas;:
5. ra""EaiBE?AL --rter un y. ou eery e7 �1 .wq rv.w. ea a ous w sµ
�rPct� ea au�y inch flab ffiej e'n
�u:ttiPnE
a. 'slaw will excavated or fill material he kepl on site and erosion
.
b. What type c9-anstruct on equipment will be rased (e.g.. dragline,
eontmlled?
backhoe. of hydraulic dredge)"
8ul��l�aol Construc?�ed i'h;or Zb
back
c. It) Will navigational aids be required as a result of the project?
d. (I) Will wetlands he crossed in transporting equipment to pecilect
[)Yes )Rk7o C]NA
site? DYes NNo ❑NA
(it) If yes, t:xpiasn what type and how they will be implemented.
(it) If yes, explain steps that will be taken to avoid or minimise
environmental impacts.
oate ,Sep ti p.7A0 ©al li. -_ ` - _
Aagli and Name
Project Name V uG/_ CPA& e&
Applicant Signalurr

Form DCM MP-3 RECEIVED
UPLAND DEVELOPMENT NOV o 5 2012
(Construction endlor land disturbing activitlas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other Deh1tW*#Iq0inl
Application that relate to this proposed project. Please Include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels..,[.
proposed.
6 f ld'Ae
c-r t,el en Srivel�av
c. Density (give the number of residential units and the units per
acre).
/V&��P
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.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes []No ONA
(it) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by Impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
nr:ve Cave G'SQ1,4
s¢-#3 AO
r
List the materials (such as mad, paver stone, asphalt, cr concrete)
to be used for impervious surfaces.
f 6/C i/ S'fo el -(—
h. Projects that require a CAMA Major Development Permit may also
require a Stornwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Duality for review?
[]Yes []No ONA
(if) If yes, list the date submitted:
Describe proposed method of sewage disposal. k. Have the facilities described in Item (1) received state or local
/ Se-rd ,( , u approval?
Pre
rre"QC/7,/� '0e e -s'lem ❑❑ Yes No WA
13 e4d I f e' P' I'- Coo )t t l/ 14 (ea ( 4% k?k JaN"f, If yes, attach appropriate documentation.
ti140kl): PLI uii1;d&n7;/ 9-3f kJk,
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, Industrial/
commercial effluent, "wash down' and residential discharges).
Sccrfkr-fe kits t'e?�p
m. Does the proposed project include an innovative stonnwater
design?
❑Yes j&No ❑NA
If yes, attach appropriate documentation.

s sra aae ea :.>uxa .x.: ,: -er 1°6 rxaeaex ..ees rs�v<;,w,pnaxcze:: a.� n' w"a^*w c eae n.#
In, Describe proposed drinking water supply source (e.g., well, n.
community, public system, etc.)
l3e�u�rY (ottfifv�u6�i� !tlede'
o. When wait the lot(s) planed and recorded? P.
126b
Date. -
Project Name
Fri I*sti?r
Applicant Name
Applicant Signature
(i) Will water be impounded? Dyes MW QNA
(ii) If yes, how many acres?
RBCMM
INOV 0 5 2012
If proposed development is a subdivision, will addition be
installed for this upland development?
oyes ONo DNA DCM-MHDCMY
;;; ':.�;8t<S -'i •HHsd�4�4.C. 3 akf'6' !gYusrwe-�c?pia:�taEnn+ar>,r3+aaerfY:��t. esxseie•ejo; �d':t;;:6/Uf>
M

RECEIVED
Form DCM MP-4 [
STRUCTURES Novo 5 2012
(Construction within Public Trust Areas) DCbf-MAD CITY
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. Please include all supplemental information.
1. DOCKING FACILITY17WARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
®Commercial ❑Pubiic/Govemment ❑Private/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
12ryes []No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ❑Yes J8No
(ii) Number
If yes:
(iii) Length lea
Ili) Number _
(iv) Width _5-1
(iii) Length _
(v) Floating []Yes O?No
(iv) Width _
(v) Floating []Yes ❑No
e. (i) Are Platforms included? ❑Yes Kilo
f. (i) Are Boatlifts included? []Yes tKNo
If yes:
If yes:
(ii) Number
III) Number
(III) Length
(iii) Length
(iv) Width
(iv) Width _
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from drfpline dimensions.
g. (I) Number of slips proposed
In. Check all the types of services to be provided.
JY ,� ie 1`e,
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
C)
❑ Dockage, fuel, and marine supplies
t
'Wet slips") only, number of slips:
03�Dockage (J
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
Open water; no dredging required
❑Other; please describe:
k. Typical boat length: /
m. (i)) Will the facility have tie pilings?
iv(Yes ❑No
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types)./
Gpevi, )-U.n-2V.IC/l( l
ab boo7'-.5
I. (i) Will tie facility be open to the general public?
Yeas ❑No

tRECEIVED
V 0 5 2012
2. DOCKING FACILITY/MARINA OPERATIONS ❑tion not applicable
Z4-A` `ilrcr�
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets ll —} t1� -�—
❑ Toilets for patrons; Number: _; Location: '�/' �.,�� 11 7'pl1 .. Tbr Itl?LS b (/1 /il�y Y� �0 -rig —
❑ Showers To i hot t dar,'ri y C ra b S easo p)
❑ Boatholding tank pumpout; Give type and location: _ i�
b. Describe treatment type and disposal location for all sanitary wastewater-
provrdro Trash 13111 "ro�ojf's, tP co k(t acfor
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of "NoSewage Discharge" signs proposed.
A-tSA9ft&-Cod L)-� Rprs = ?
(ii) Give the location and number of "Pumpout Available" signs proposed.
n 6? o P f{&_ Aherre allowed
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
NohP 0/ fhe "Ca a%lowed
g. Where will residue from vessel maintenance be disposed of?
No J7 e g1/e:7<v ed
h• Give the number of channel markers and "No Wake" signs proposed. Ale
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
ha1'rdl,h62 A c;l.,'tt`es or,�n©seal -
j. What will be the marina policy on overnight and live -aboard dockage?
�X
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the manna/docking facility proposed within a primary or secondary nursery area?
;F .ties []No

`I M
n. Is the marinaldoaking facility proposed within or adjacent to any shellfish harvesting area?
Dyes Adc
o. Is the marina/docking facility proposed within or adjacent to coastal wetlandslmarsb (CM. submerged aquatic vegetation (SAW shelf bottom
,W), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
OCW ❑SAV EIS8 RECENED
OWL ONone
p. Is the propooed marinaldocking facility located within or within close proximity to any shellfish leases? Dyes 1 rNov ® 5 2012
If yes, give fhe name and address of the leaseholder(s), and give the proximity to the lease.
DCM MHDCITY
3, SCIATHOUSE (inciuAdt`ng covered Pifis) - ��7"his socdon not appiicoble#
a. (i) 9s the boathouse structuve(s)
OComrnercial OPublicrGovernment CIPrivatelC mmunity
(ii) faumw
(vd) Length
(6v) mdth
Note: Roofed areas are caiculatsd horn dripfine dimensdons.
$� r�Rofliif (e_p;, Wood, .chpetr#le, et'c. Is A.FM* groin, use IWP-2 Excavation and fill.) s' c'gcen rrof dppirsbie
Number
(di) L engfh -
QQ Widti'r �.
_0This seacborraotapv0caUs
a, Length Aw—" -A/Vlv� Sher Q
¢. lUtlasVrnum plsiar+c� beyorod PBtfiM1a, PSa"dL or wetlands
7-v0Alt .54aYQ- qrW i-
b. Average dishance from NHW, 14fwL, or w.rellandn,
ZAW Mw.L _5AOr(?
S OOMMS PiLNGS and BUOY � � 02his sfiXoy not applicable
a. h the stmOmm(s):
(]Commercial OPubliaGovemannt OPnvatoiti:.ommunffy
e. tklsfmnee 4o fro p6aoeev' bs=yov+d shouwline _Wv_
Not,, TNihx ufd Sri meecusad ;rear mars' edge, ifpresene
A. OVC of Me swnn7
b. Nufmbpr
d. ilescrfpdon at buoy (color, inscription, size. Anchor, etc.)
1GEMEAAL j6re k"[ PP_ wI 111 e •rttad2_ a �- 9, rr/edied &'O'd 4r S4(t-
Wde`' ksa I?8� W,'de- uA -h a%se- inch Grp betwe+eh beds �w,[I
sfwt.rle p�eh Pllelnys Shall ke,tkt5 )tke SoutAr�K

Form DCM MP-4 ($1trustrares. Passe 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
2.1 4=' t - &a h d 4LI FS
Alois.* Forbuoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
hnP ff-AppYbx Otrctk_ 2�eek
e. (I) Will navigational aids be required as a result of the project?
❑Yes Bko ❑NA
(il) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
/ 91 � (—
d. Water depth at waterward end of structure at N1LW or NlWL
fi RECEIVED
NOV 0 5 2012
DCM-&M CITY'
�. OTHER fiKMis section not appikable
a. Give complete description:

k) A, 5' ,,
symbol wa
wate✓ Dept
¢t.^ / I
N m slRred
DUC 1� CUee(
N
i O-
'1•0 {
lu
v
�
l p
N=
Oi
Y
Za
azvi
'Ti a
sr
' R�tv>ry
N0V 0 5 2012
pre Fa re anwmwwnznby
Scale
one I`ncll _ yo�t
6,Fioydroster-9-av,�ai2
En
�
U[[C (CC1'PQ l' Xl rojrc'l��
ki
Cross V''e 44)
UJ
( I
scat e by E,I=F,
.L
�t S
O v
oottA west
BoardwaE �
hoIC60 rs t
O.e
Pelee n55
e�
I i M°i
e
It
^
� v a
l: �7
4L I
-r�.,cQ l7c@r�,w41
i+bove-6Y 8�t'W,de �
f. ,rotin4 lx vim(
�05u0 o. 4 i I w0
k.-4
~ .y D2Tewe 1 -ram
t ( i 6u
a 4 p 3
°rnpeyty OF
lFeApsr-Froyd os tee
788.E
k3eIAovo;y A/,C, 2201
V
,_r[iStinC�. Pilelnr5 }orpes5:6r�
-Fcr�
d C
-c
O �
�3
3 hots. 9RW-s4h,
o/-
AV.,L 3ehds,k.N'r[andS
E-- ; %.A Irr
:.y prvPCPry
%
property of
Jake S,c,-5tepheti C, Tyson
(9H� weKford LaLK6
Green l/rBl e, A/,•C, 9.? S S8
�-
3 (
Lo r
°s
v
AM Ynr a(i�
� irJater bevel; -
d /A daccai-es %rah -
K�
a
gr�c�na(Ghann�
Y
N
Itl� p�� L
;r l/e �I �i0.iUl�ikS
d

Puck- cvee�
RECEIVED
wv 0 5 2012
/D, d1 7 / O) DCM-MHDMY
%p l2�ho`vI /1� n'I�eYC��Gerh S
Z <-nes j'F/cyd Fes lejo� J( D% oo-o Loop Rd,
8�ll ueh,�C,�781a_ PhDne"'�-5a-%Y-�L/ll , w414pplyll,
fora. MQJor ®eaelopmEk� PcJf1li;t©17 -Me kW2
7-/tgt f Dcvn apt Ouck Cveek-Oddkess L's 70Cap1=
R; n rOM Vri've, u/ca s!„ns fon, NC, T pro-
R05e to replace bu- CveekS�de o�
propel' fy7 Keep /and From e6©d(N73.7, UAKf7-a
bu; ld 3 p,` ears ors cvee% sad Sf� wide be+k)ee�
_50 l ca:f3 Ccn h f r P- t� P,
�br the ��erpose o� u��locad,'h� Cra�Usc��oa�`v.q
Sce��li`e S ode--hC, 14)6Lkf i'e l-e&-Ce Ti'e
0� C isf;h4 bccikkecra�,unSac�fti Sde of Sad\d.
�l�znd So bu/khead won'fi 1-e�.v. o�tv-�i�ci,
pccc9-(-the /Alehd %o
;bey Gr de���rl� Qhd-5ell 85ue Anrrd Cvabs
At so it)a vT to bv-i lk at break - wale v c �
L0064 ukd e t 7' A e T/u o-d Kee/
a k y k qe- Seas -Ft,17M ro &1 q ; h , R50 %`o repai H
7-c pub bvOL9 ) m o kt

File Note 1/16/12: After discussing with David Moye and Doug Huggett it was concluded in order to
protect traditional navigation that the south facing boardwalk be conditioned out of the permit. Also,
it was decided to add hand rails and signage not allowing docking on the south side of the southern
most pier to protect traditional navigation.
Daniel Govoni

DCM Coordinator: �, �� pyiH. Permit
MAILING DISTRIBUTION SHEET
Permitee•
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington ✓
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler �.
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra Benoy (WIRO)
Joey White (WARD) ✓
Marine Fisheries: Anne Deaton i
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler —
State Property: June Michaux
Water Quality: Karen Higgins (Raleigh) .!
John Hennessy (NC DOT)
Washington: Amy Adams �-
Al Hodge
Kyle Barnes
Wilmington: Joanne Steenhuis - 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD) i
Molly Ellwood (WIRO)
LPO:
Fax Distribution:
Permitee
Agent #:_

Project Name L-rnCS
Assigned to ye)✓i I'
05
Assigned on I I( �L
ACTIONS
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator
Date reviewed by other Assistant Major Permits Coordinator
Prepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
Other
Written approval from DW is is not required for this project.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1)
APPLICANT: Ernest F. Foster County: Beaufort
LOCATION OF PROJECT: Beaufort County off SR 1358 at 70 Captain Tom Dr. adjacent Duck
Creek and
man-made canal near Washington, North Carolina
RECEIVED
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 24 October 2012
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
NOV O 5 2012
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: R. Kelly Spivey DIS)WC E: Washington
DCM-MHDCffY
DISTRICT MANAGER REVIEW: n(30;�e
B)
DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $ 400.00 (60/40)
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES RECD: DEED RECD:
APPLICATION AS�S}iGI D TO: _� ON:
C)
75 DAY DEADL L� 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Coastal Management - Regional Representative
_'3 p
Coastal Management - LUP Consistency
Division of Community Assistance
i
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
a
Division of Archives & History
Division of Environmental Health
Division of Highways
-Z q
✓/
Wildlife Resources Commission
(_ 7,
Local Permit Office
Division of Marine Fisheries
L �{
Corps of Engineers

06,
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
MEMORANDUM
TO: Mr. Pat McClain
Division of Land Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: I November 2012
SUBJECT: CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
Natural Resources
Respond to Doug Huggett
Morehead City Office
RECEIVED
NOV 0 6 2012
DCM-M?3D Cffy
Dee Freeman
Secretary
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
co ments.
Signed
Date
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

}� NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director n = - Secretary
MEMORANDUM �i NOV — 5 2L 2
S,e,�
TO: Ms. Patti Fowler
NCDENR
Division of Environmental Health
FROM: Doug Huggett Respond to Doug Huggett
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 1 November 2012 RECFdVED
SUBJECT: CAMA Application Review NOV U 7 2012
APPLICANT: Fosters Seafood Ernest F. Foster
DCK-MADCn7
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
Signed
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Zr VAS ' 6,V
Date 111U P,
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nGcoastaimanagement.net
An Equal Opportunity 1 Afiniab" Action Employer
NorthCarolina
Natura!!ry

Beverly Eaves Perdue
Governor
MEMORANDUM:
LI
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Thomas A. Reeder
Director
November 5, 2012
To: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City, NC 28557
From: Joey White, Environmental Specialist, PWSS/WaRO
Subject: CAMA Application Review
Applicant: Fosters Seafood, Ernest F. Foster
Dee Freeman
Secretary
RI IECEIVED
NOV 0 8 2012
DCM MAD CITY
Project Location: Project site is located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek and
man-made canal near Washington, Beaufort County, North Carolina.
Proposed Project: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and gravel
driveway to allow for the unloading, grading and packaging of blue crabs.
REPLY: X This office has no objection to the project as proposed.
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.
Comments:
• Contractors should be aware of utility locations during entrance and egress from the project area. Please
contact the Beaufort County Water Department to assist with the location of existing water mains in or near
the project area.
SIGNED DATE
Public Water Supply Section — Jessica C, Godreau, Chief
1634 Mail Service Center, Raleigh, North Carolina 27699-1634
Phone: [phone] FAX: [phone] Lab Form FAX, 919-715-66371 Internet: ncwater.org/pws
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natumllry

Beverly Eaves Perdue
Governor
TO:
Q
Fc� NR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
MEMORANDUM
Ms. Anne Deaton/Kevin Hart
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 1 November 2012
SUBJECT: CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
ftwomaig,giez
WAILED
l,'0V 0 2 201'
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, J3eitufo Coulfib ,,North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form byt2L 3
VIovember 2012;2 Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed. project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
/ comments.
Signed �2S ' v
Date
It /2-Z //2_!
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalrnanagement.net
An Equal Opportunity V Afiirmalive Action Employer
Nnu thCaro 'na
iztur ltA

CDECdR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman
Governor Director Secretary
TO: Doug -Auggett
THROUGH: Anne Deaton %G,)
FROM: Kevin Hart V,�k
DATE: November 19, 2012
SUBJECT: CAMA- Fosters Seafood 70 Captain Tom Drive, Washington, NC Beaufort County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject project are
offered pursuant to G.S. 1 13-131. The applicant proposes to construct three 100'long by 5' wide piers in -4'NWL
in Duck Creek (Inland, PNA). The applicant is also proposing a 100ft long wooden breakwater with an inch gap
between every 8" board under the most downstream pier. The applicant proposes to also replace an existing east
facing bulkhead with a new one and repair an existing boat ramp.
Duck Creek has been designated as a Primary Nursery Area (PNA) by the NCWRC as it is a critical area for
development of fishes. NCDMF requests that the in -water work (channel dredging and removal of the plug) be -
performed outside of the April 1 through September 30 in -water work moratorium to minimize the noise and
turbidity levels during the peak period of biological activity. In addition to the gaps in the breakwater the applicant
should further minimize the breakwater by not extending the breakwater to the bottom substrate.
The NCDMF would have no further comment if the applicant performs the work outside of the in water work
moratorium and the depth of the breakwater is reduced by half.
The NCDMF appreciates the opportunity to review and comment on this project. If you have any comments or
questions, please call me at [phone] or email me at Kevin Hart(a)nedem.gov .
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal. 2010. North Carolina Coastal Habitat Protection Plan. North
Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 617
pages.

Beverly Eaves Perdue
Governor
TO:
CCDEHR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
MEMORANDUM
Ms. Anne Deaton/Kevin Hart
Division of Marine Fisheries
FROM: Doug Haggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 1 November 2012
SUBJECT: CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
NOV 0 1 P01P
WASMM 0PdM (W,gCE
Respond to Doug Huggett
Morehead City Office
Enti AILED
NOV 0 2 zOf
Nov 2 6 21112
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington,'geuufari.Cau`&k, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by t21-'
November-2012.2Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
he--
t, proposed.project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed Date r ,1 g , .olz-
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.ncGoastalmenagement.net
An Equal Opportunity l A(fnnalive Acton Employer
N'c ediCaroljna
6ltlfldliif

-1
r�
p \ V/DE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdde Braxton C. Davis Dee Freeman
Governor Director Secretary
MEMORANDUM -
To: Doug Huggett, Major Permits Coordinator
From: Maureen Meehan, DCM Morehead City District Planner
Date: December 3, 2012
Subject: Major Permit requested by Ernest Foster, to construct 3 piers, overland dock, bulkhead,
breakwater, and gravel drive, on property located at 70 Captain Tom Drive, adjacent to
Duck Creek, near the Washington, Beaufort County, North ,Carolina.
LUP Consistency Determination: The proposal is Consistent With & Not in Conflict with the
Beaufort County Land Use Plan certified by the CRC on January 13, 2010.
Overview:
The Areas of Environmental Concern (AECs) impacted by the proposal are Public Trust Area and
Public Trust Shoreline. The waters are classified as SC/NSW, are closed to the harvesting of
shellfish, and are classified as primary nursery area.
The Beaufort County Land Classification Map designates the subject property as Transition and the
subject AEC as Conservation. Development within the designated AECs is limited by CAMA
regulations and development guidelines. Applicable or related policy includes the following:
"Only development and land/water use activities that are consistent with the use
standards for coastal wetlands, estuarine waters, and public trust areas (15A NCAC
07H.0208) are allowed in this classification... " (Policies for Land Use Compatibility —
Conservation I, Policy 2.1.3, pg. III-12)
"Only development that is consistent with the use standards for the estuarine shoreline
AEC and the public trust shoreline AEC (15A NCAC 7H. 0209(d)) is allowed. " (Policies
for Land Use Compatibility — Conservation II, Policy, P. 2.2.2, pg. III-13)
400 Commerce Ave., Morehead City, NC 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
ne
NorthCarohna
Naturally

Dec.11. 2012 1;91fM No.6509 P, 2
ACNOR 0
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: Beaufort County Building Inspector
Brandon Hayes
220 N Market St.
Washington, NC 27889
FROM: Doug Haggett Respond to Doug Huggett
Major Pcrmita Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avemuo
Morohead City NC 28557
DATE: I November 2012
SUBJECT: CAMA Application Review
APPLICANT: Fasters Seafood ,1!mealz. Foster
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washiugtm Beaufort County, Norm Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gmvel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948 3853, if you have any questions regarding
the proposed pmlccL When appropriate, in depth comments with supporting data are lequested.
REPLY This office has no objection to the project as proposed.
This oIIica has no comment on the proposed project.
Ibis office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
eemm
Signed Date
943 Wmhinglon Square Mall, Washington, NC 27889 c
Phone: [phone] FAX:252948-%76 Intemet: www.D coastalmanagement.net NpilhCarolina
An Equal Ow&rity%AFmohrDhrgn Employs K`6i:i AY
9 £'d 0£££1b22S2T6:o1 8Lb08062S2 1NWOW ­lH1Sti00 CIO ON:WOJJ TS:£T 2T02-TT-030

ILhh\to) :7_VIoil)
�1
TO: Doug Huggett RECEIVED
THROUGH: David Moye rz�wn—
FROM: Kelly Spivey'gff NOV 3 0 2012
DATE: 28 November 2012
SUBJECT: Ernest F. Foster
Duck Creek Site DCM-MHD CITY
Beaufort County
Ernest F. Foster has submitted a CAMA Major Permit application for development of property located off
SR 1358 at 70 Captain Tom Dr. adjacent Duck Creek near the City of Washington in Beaufort County, North
Carolina.
The applicant proposes to develop the property into a commercial crab operation by constructing three-100'
long by 5' wide piers along the east facing bulkhead establishing dockage for 15 vessels. In the area of proposed
pier construction the water is approximately 5.5' to 6.0' deep. The applicant is not proposed any dredging in this
application. An 8' wide dock overland along both the east and south facing shoreline is also proposed. The docking
is to allow for the unloading, grading and packaging of blue crabs. A breakwater with an inch gap between every 8"
board is proposed to be located under the most downstream pier. The applicant proposes to replace the existing east
facing bulkhead with a new one constructed of wood or vinyl 2' waterward. Additionally, gravel (20' wide by 183'
long= 3,660 W) will be placed on the unimproved driveway and the boat ramp will be repaired.
Staff has reviewed the proposed project with regard to rules found in Subchapter 7H concerning development
in a Coastal Shoreline and Public Trust Area. It is staffs recommendation that the proposed project appears partially
consistent with 15A NCAC 07H .0208 and .0209 as described below.
This office feels the construction of the three piers is consistent with 15A NCAC 07H .0208(b)(5)(H) which
states that Marinas shall be designed so that the capability of the waters to be used for navigation or for other public
trust rights in estuarine or public trust waters are not jeopardized while allowing the applicant access to deep waters.
Although the applicant has proposed three 100' long piers into Duck Creek he has not obstructed navigation along
the southern shoreline of his property, which has historically been the traditional navigation route due to shallow
water depths in the mouth of the Creek. 15A NCAC 07H .0208(b)(6)(G) states a pier and docking facility length
shall be limited by (i) not extending beyond the established pier or docking facility length along the same shoreline
for similar use; (This restriction does not apply to piers 100 feet in length unless necessary to avoid unreasonable
interference with navigation or other uses of the waters by the public).
This office feels the construction of the 8' wide dock along the south facing bulkhead is inconsistent with
15A NCAC 071-1.0208(b)(5)(H). Vessels navigate close to the south facing bulkhead due to shallower water depths
farther offshore. The shallow water depths are due to the remnants of a Coastal Wetland finger protruding in the
Creek. On 26 November 2012, I, along with aide from the Division of Marine Fisheries employees conducted a
water depth assessment (field plat attached) of Duck Creek in the vicinity of the subject property. It was observed
that water depths begin to shallow approximately 50' to 75' waterward of the south facing bulkhead. This office
recommends that the dock along the south facing bulkhead be eliminated from the permit due to the potential of
boats mooring side to the dock and partially blocking the traditional deep water navigation route.
Although there are no specific conditions for breakwater, this office request that the breakwater adhere to
15A NCAC 07H .2105(e) which states that the breakwater shall be constructed with an equal gap between each
sheathing board totaling at least one incli of open area every linear foot of sill. Additionally, this office requires that
the sheathing not extend to the bottom contour of the Creek but remain a minimum of 3' above the bottom.

Staff recommends the following conditions be included if the project is permitted. RECExven
The bulkhead shall be constructed prior to any backfilling activities. NOV 8 0 Z012
2. All fill material to be placed below normal high/normal water level shall be confined behind the
permitted bulkhead. Dcly: NZ'Dclly
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.
4. The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
5. The permitted breakwater must be constructed of treated wood, plastic lumber, metal sheet piles or
other suitable materials approved by Division of Coastal Management personnel.
6. The breakwater sheathing shall not extend to the bottom contour of the Creek but remain a minimum
of 3' above the bottom.
7. This permit does not include the construction of the 8' wide dock along the south facing bulkhead.
This office has received numerous written objections from both the adjacent riparian property owner and
citizens of the community. These objections have been previously sent to you. Also please find attached copies of
CAMA General Permits issued to previous property owner as well as a field plat I prepared on 26 November 2012.

CAMA AND DREDGE AND FILL
GENERAL
W&VED
PERMIT 30 2012
Dc�,;-n,•>act�,
as authorized by the State of North Carolina,
Department of Natural Resources and Community Development and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC •4ZO-0 12 L;c
Applicant Namg , ' v Phone Number
Address �
City !cam, 1�1 rr State I� J C__- Zip
Project Location (County, State Road, Water Body, etc.) d. f'r� ` j=v r 21
NOV
Type of Project Activity
PROJECT DESCRIPTION SKETCH (SCALE:
Pier (dock) length ' ;~
_ t F - l
a4 /t
Groin length
�J
number� ,
Bulkhead length i 1,414 f- Y-'C '-j.__i 6 `` +.: �t t.-(ct,,+ ! f-
max. distance offshore.— ' __ AC �_..�. .'
Y , •p. a ". .. - e� ...,+r. / 4 q. .. _4w
Basin, channel dimensions_
cubic yards
Boat ramp dimensions o r
J i
n
Other .f...•.�..�.. t`A."'"t 44
_..,r,.
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
/,4plicant's signature
—?j permit officer's signature
r
issuing date
—f
attachments '
expiration date
-P ;
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
application fee `7 rJ L% _-' '

CAMA AND DREDGE AND FILL PXCEWED
GENERAL f 32 Z
Y PERMIT NOV 30 2012
as authorized by the State of North Carolina, DC-"-1,_wn
Department of Natural Resources and Community Development and the CoasTaTurces Commission
in an area of environmental concern pursuant to 15 NCAC
Applicant Name
Address
City-
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity L
11
State i
Phone Number
C'-
L�
Zip '
2--
PROJECT DESCRIPTION
Pier dock Ian
SKETCH
(SCALE:
■
�
NNINUMMMONOMMONME1
NOON■
NOON■
■�■p■■�
■����
NOON■
NOON■
number
■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■
■
■■■■■■■■■■■■■■■■■■■■■■■■
■■
max. distance offshore _.LL
■
■■
■■■■■■■■■■■■■■■■■■■■■
■■■■GIsom
Basin, channel dimensions
■
■■■■■■mommiling
MEMO
cubic yards
SOON
NOON
■N■■O�■■■N
■■■�
■�}}
!1!■
■■■■■■■■
■■
■■■■■■■■■
i1
■
MEMO■■■■■■■■■
NOON
■NOON
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
i... .. ..... ,. _
,applicant's signature
permit officer's signature
issuing date expiration date
attachments
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
application fee

Lpo.. j. Wort
CAMA AND DREDGE AND FILL IMcBty
GENERAL� 1$
PERMIT NOV 30 2012 �tf
as authorized by the State of North Carolina DC.Y,- 4DCITy
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC '11A . \\00
Applicant Name \ on. `> c �e Mc� Phone Number 9 46 S C a
Address
CityState S - zip a711,6s
Project Location (County, State Road, Water Body, etc.) P-`,-S*�\ Q,y 5� 13S�S 1<!a 1at
Type of Project Activity \a C ' 16C 4yJ\ �Jl qj( 19 r�-Vwvj 5�acl,
PROJECT DESCRIPTION SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore ..3_
0 2'
Basin, channel dimensions_
5
cubic yards
Boat ramp dimensions
Other
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
1- \.J
(SCALE:
NON' 1
-
.y ir`w
'r
,
,_.. s.
,
en •,
_
S)e tt.
(i
i
1 , applicant's signature
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro- G %k�N \06� V A\1�U S • \�S, j
ject is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no l�! \\O J
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that A a
this project is consistent with the North Carolina Coastal application tea N J nJt ����f o6w)
Management Program.

Applicantdyam S
Addre
City
Pr�ation (C
Type of Project Act
CAMA AND DREDGE AND FILL
GENERAL
PERMIT
RECEIVED
N°?q'78-�
NOV 3 0 201;
as authorized by the State of North Carolina DCAf mRD��..ar�ar��'
Department of Environment, Health, and Natural Resources and the Coasial Resources Commission
in an area of environmental concern pursuant to 15 NCAC 114k \\oQ
Phone Number q\ei ' 41.
0
State
etc.)
State
PROJECT DESCRIPTION
SKETCH
���
C
ea�
(SCALES )
�N
m _
1 C�5�...�
Pier (dock) length
-a---t
i _..� r
,
'
}. �._._�
,-
a 1-_
t
J -L.�
em
.I�,t
i -�
I I ��
Groin length
number.—
64
•-_
i�-- �
•.._
Bulkhead length
...
V___i
... _i
i
i
Y
_ _
max. distanceaoffshore
eeQ.,,
�. _t...
{
�_....
7-
1 _,..
i
•._ M�JIJ..i4 I.
Basin, channel dimensions
cubic yards
1
Boat tamp dimensions
Other----'�--J
IL
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
o er.tf t.• \orr. \�„�c's
violation of these terms may subject the permittee to a fine, �—T �
imprisonment or civil action; and may cause the permit to be- applicant's signature
come null and void. {�-
This permit must be on the project site and accessible to the \� permit officer's signature
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro- Vl VVi& \g0\11'1 n K%Aal.51 \4A4
ject is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no 1 \\00
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee a + -
Management Program.
0- 1

MCA
jJ
Applicant Name
Address
,,sty
I
Type of
CAMA AND DREDGE AND FILL
GENERAL RECEIVE])
PERMIT NOV 30 �012
as authorized by the State of North Carolina
Department of Environment, Health, and Natural ResourceDex0ft tal Resources Commission
in an area of environmental concern pursuant to 15A NCAC tOO
( (1
t^Ck%A> !Scc Phone Number
�if�,k - , 40 -f- i, 2
LA #,, 3 `�ftv - !State _ Zip ��
PROJECT DESCRIPTION
Pier (dock) lengthVitt
SKETCH
i
>u'b�ti
(v
4
5�
(SCAte:
4'
._.
o
eY
71
Groin length
_
-
4
Y
number
Bulkhead length
4111-
-i
1 1
—
j !
mac. distance offshore
Basin, channel dimensions__41;
I
I
- .
_
-.1
cubic yards
Boat ramp dimensions
Other
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
issuing date
attachments
L f '.
applicant's signature
permit officer's signature
expiration date
In issuing this permit the State of North Carolina certifies that � , , tyt,
this project is consistent with the North Carolina Coastal application fee
Management Program. At b 3 d

EFWA
NCDENR
North Carolina Department of Environment
Division of Coastal Managem
Beverly Eaves Perdue
Braxton C. Davis
a FreemanGovernor
DirectorNOV
Secretary
7',
MEMORANDUM
TO:
Mr. Ken D. Pace`
-
NCDOT Roadside
FROM:
Doug Huggett
Respond to Doug Huggett
Major Permits Processing Coordinator
Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
RECEIVED
1 November 2012
SUBJECT:
CAMA Application Review
NOV 2 9 2012
APPLICANT: Fosters Seafood Ernest F. Foster
DCM-MAD CITY
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY / This office has no objection to the project as proposed.
V This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed
Date' 42-
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
None Carolina
UAWAY

.,
D G-
December 27, 2012
Regulatory Division
Action ID No. SAW-2012-01864
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Ernest Floyd Foster to construct 3-100 foot long by 5 foot
wide piers, a 100 foot long breakwater, and replace the existing wooden bulkhead at his property
located at 70 Captain Tom Drive, off SR 1358, adjacent to Duck Creek, near Washington, in
Beaufort County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. 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 for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
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. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

David Moye, District Manager
Washington Field Office
North Carolina Division of Coastal Management

e��
o C_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue
Braxton C. Davis
Dee Freeman
Governor
Director
RECEIVED Secretary
MEMORANDUM
OV 0 5 2012
11DCM-Mm
TO:
Maureen Meehan -Will
District Planner
CrrY
Division of Coastal Management
FROM:
Doug Huggett
Respond to Doug Huggett
Major Permits Processing Coordinator
Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 1 November 2012
SUBJECT: CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed M Auf affi'l-11
Date ) " 3 Yv
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] \ PAX: 252-948-0478 Internet: www.nocoastalmanagementnet
An Equal opportunity 1 Affirmative Action Employer
Nne
orthCarolina
Natural!#

Beverly Eaves
Governor
TO:
AdC f�
C®ENR
Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
MEMORANDUM
Ms. Renee Gledhill -Early
NC Department of Cultural Resources
Archives & History Building
FROM:
Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE:
1 November 20.12
SUBJECT:
CAMA Application Review
APPLICANT:
Fosters Seafood Ernest F. Foster
' I
1 I' NOV 05 2012
Resources-
l.�_
Dee Freeman
Secretary
2021
Respond to Doug Huggett
Morehead City Office
k)": Illlu-IiJ
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
commentts..
Signed � /� 1M-u —�
Date
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: vmv.nccoastalmanagement.net
An Equal eppcdunity 1 ARmialwe Aclion Employer
It-ab- !Z
NorthCarolina
Natimally
woV 0 62012

Fill
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: Mr. Lee Padrick
Division of Community Assistance
FROM: Doug Huggett Respond to Doug Huggett
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 1 November 2012 Nov 13 2012
SUBJECT: CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
DCU MIM CrrY
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
L—`_T­his office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed �'�� Datep!2-
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Afinnative Action Employer
NorthCarolina
Naturally

Beverly Eaves Perdue
Governor
TO:
FROM:
DATE:
oC
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis 1011121371�s
Director
MEMORANDUM
Ms. June W. Machaux
Director
State Property Office
Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
1 November 2012
CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
7
� ski
a
b N_ j
00 N
N
;ii%
to
N
Respond to Doug Huggett
Morehead City Office
Ll V h i
NOV 14 2012
DC-WIDUTY
Dee Freeman
Secretary
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive adjacent Duck Creek
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed projecL When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
lintc'4
has no co ent on pro ��dd prof Mn,I 1�1.�ay.d can `` 'ffice approv o e prof onended changes
z5Arporated. See attac
This office objects to the proposed project for reasons described in the attached
co ents. \
Sign Date
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
Nmally
eCarolina

Pat McCrory
Governor
Ernest Foster
c/o Fosters Seafood
220 Loop Rd.
Belhaven, N.C. 27810
Dear Sir or Madam:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
January 17, 2013
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the 01
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, 6714 Mail Service Center, Raleigh, NC 27611-6714, [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 requires 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.
Sincerely,
f.FFFf"
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, INC 28557
Phone: [phone] FAX:[phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affnnative Action Employer

���rW
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
1 November 2012
Fosters Seafood
Mr. Ernest F. Foster
220 Loop Rd
Belhaven, NC 27810
Dear Mr. Foster:
Dee Freeman
Secretary
rNRECEIVED
OV 0 5 2012
DCM•MHD CITY
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located off SR 1358 at 70
Captain Tom Drive adjacent Duck Creek and man-made canal near Washington in Beaufort
County, North Carolina It was received on 24 October 2012, and appears to be adequate for
processing at this time. The projected deadline for making a decision is 8 January 2013. 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.
If this agency does not render a permit decision within 70 days from the 24 October
2012, you may request a meeting with the Director of the Division of Coastal Management and
permit staff to discuss the status of your project Such a meeting will be held within five
working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
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.
943 Washington Square Mall, Washington, NC 27889 One
Phone: [phone] FAX: [phone] Internet: www.ncooastaimanagenient.net NorrthCarolina
An Equal opportunity 1 Affirmative Action Employer Naturally
,jrtura l y

Fosters Seafood
Mr. Ernest F. Foster
1 November 2012
Page 2
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.
Sincerely,
R. Kelly Spivey
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Doug Huggett
WARO
RECEIVED
NOV 0 5 2012
DCM--mm CITY

�lr��
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
Washington Daily News
PO Box 1788
Washington, NC 27889
1 November 2012
Natural Resources
Attention: Legal Advertising Department
Dee Freeman
Secretary
RECENED
NOV 0 5 2012
DCM-MHD CITY
Please include the enclosed Notice of Filing in the Public Notice section of the 4
November 2012 edition of your newspaper. If it will not be possible to include this notice in that
edition, or if you should have any questions about this notice, please call me as soon as possible
at 948-3820.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit. an original copy of the
published notice, and an original invoice to:
Melissa Sebastian
NCDENR
COASTAL MANAGEMENT DIVISION
400 COMMERCE AVENUE
MOREHEAD NC 28557
Thank you.
Sincerely,
J
Sherry Tyson, Secretary
Division of Coastal Management
ATTACHMENT
Cc: File
943 Washington Square Mall, Washington, NC 27889
Phone:252-946-Wl l FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal opportunity 1 ARimalive Action Employer
NorthCarolina
Naturally

'**This is a word processing form to be completed in Microsoft Word*""
i
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/15/2010)
RECEIVED
wV 0 5 2012
Applicant: ty'� r lei r T— •
ID
Project Site County
Staff:
District: []Elizabeth City Washington
c ) lj 9,2
[]Morehead City Wilmington
Project Name:, � r
Rover File:
Date application "received as complete" in the Field office (EX: 1/8/2007): 1 J ] 2y j 'Z-o r -a
Permit Authorization: MA ElDredge & Fill ElBoth
SITE DESCRIPTION/PERMIT INFORMATION
P Yes ONo
-XIetback
Photos Taken: Yes ❑ N
SZ Required (riparian): Yes No
Critical Habitat: Yes UNo t Sure
15 foot waiver obtained: []Ye o
Hazard Notification Returned:
❑Yes o
SAV: Yes ❑No of Sure
Shelf Bottom: ❑Yes o El Not Sure
Temporary Impacts: Yes RIO
Sandbags: Yes o El Not Sure
Did the land use classification come from
county LUP: es ❑No
Mitigation Required (optiI):
[]Yes o
Moratorium Conditions: Yes o
❑NA
Environment 1 Assessment Done:
❑Yes ❑No
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
Swamp Waters (SW)
LJ High Quality Waters (HQW)
Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Salicomia sp.)
wetlands)
11 (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Sall marsh cordgrass (Sparffna
El (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
0 (TY) Cattail (Typha sp.)
spicata)
SO
El (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
Ll III(A) Private w/ D&F up to 1 acre; 3490
III(D) Pdv. public or comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer $$100
111(B) Public or commercial w/ D&F to 1
Express Permit - $2000
e; 3490 can be applied - $400
Major development extension request -
11. Public or cemmercialtno dredge
$100
anhilor fill - $400
El I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400

REcervBD
Applicant: NOV 0 5 2012
Date: 5/5/2010
�rl:TfS'
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Acffles code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 8
Dimension 4
One
One
11
New Work'X
Maint
Replace
❑ N
d;
7i
S
PY
3
New Work'Replace
i
1 tYL
Maira ❑
❑ Y
�-�
91
Replica
Maint ❑*
❑ Y N
New Work 0
Replica
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y [IN
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work C1
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y [IN
New Work El
Replace
Maint ❑
❑ Y [IN
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
revised 02115M0

FOSTER'S SEAFOOD
BUS. PH. 252-964-2411
220 LOOP ROAD
BELHAVEN NC 27810.9535
Paytothe
muiouua. rn.oW i.auoax.-nzx .....mman.a:...m 44,Y:.
2672 i�OV U 5 '201Z
664581531 t�n�` A
�I] QSNeI�NW50uaXNaW ?5��,
�QIR Date
FJ 14I'>:%ii C? ff
ct
�J o_�rTvPyaer�f'.Jl> _4
--Dollars
SOUTHERN BANK ..
For
1:053b0258Elo5121b1477b1,' 2672

Applicant: RECEIM
Date: 5/5/2010
NOV 0 5 2012
Describe below the HABITAT disturbances for the application. All values should match the name, and unHs of ;RQkbW&qV
found In your Habitat code sheet
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
Includes any
anticipated
restoration or
temp impacts)
FINAL Sq. FL
(Anticipated final
disturbance.
Excludes any
restoration
andfor temp
mad amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Dredge ❑ FIN ❑ Both ❑ Other
Dredge ❑ Fill Both ❑ Other ❑
7—
3) ()
31 v
+)1 t
79
Dredge ❑ Fill ❑ Both ❑ OftM
2
3, (,v6)
to (bob.
Dredge ❑ Fill ❑ Both ❑ Othr ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑

WM RECEIVED
NOTICE OF FILING
OF APPLICATION FOR NOV 0 5 2012
CAMA MAJOR DEVELOPMENT PERMIT
DCM-MHD CITY
The Department of Environment and Natural Resources hereby gives public notice as
required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of
Environmental Concern as designated under the Coastal Area Management Act (CAMA) was
received on 24 October 2012. According to the said application submitted by Ernest F. Foster,
applicant proposes to construct 3 piers, overland dock, bulkhead, breakwater and gravel
driveway to allow for the unloading and grading and packaging of blue crabs near Washington,
in Beaufort County, North Carolina
A copy of the entire application maybe examined or copied at the office of David W.
Moye, District Manager, Washington Regional Office, 943 Washington Square Mall,
Washington, NC, during normal business hours. Public comments received by 23 November
2012 will be considered. Later comments will be accepted and considered up to the time of
permit decision. Project modifications may occur based on further review and comments. Notice
of the permit decision in this matter will be provided upon written request.
R. Kelly Spivey, Field Representative
Coastal Management Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
[phone]
Please publish on: 4 November 2012
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-Ml1 FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal OppWumly 1 Affirmative Action Employer
Noe Carolina
Naturally

ra DomplMe Items 1, 2, and 8. Also camplate
Item 4 if Restricted Delivery Is desired.
W Prim your
name and address on the reverse
so f
can tar the card to you.
er Atka
card to the back of the mailplece,
or o
if space permits.
1. Article
,ran'
sed to'.
S�eP�en IySoh
l9�
7CO rd LaAe
G re
lri /l e, A C. V 785-8
8. bli elved by ( Printed Name)
D- Is tlelNery edtl+eas dMerent fiam item
it YES, enter delivery address belovi:
of
3. Type
CJ Certified Mall
❑Express Matt
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mall
❑ C.O.D. _
4. Restrlcked Delivery? (Extra Fee) 13 Yes
2. Article Number
(Rarnler from service ra. 7005 1820 0006 7229 1536
pS form 3811, February 2004 Domestic Retum Receipt
CD
c
O
C7l
N
N

sawycRr COUM tatm awm=
aw7im roar 3_�&
—_/J4% G —oi-1a
Lend Rocarde Official Date
3K1784PG88a
JETKR Tj 1,1311,0 a
t. RECEIVED
NOV 0 5 2012
DCM-MHD C1TY
FOR REGISTRATION REGISTER OF DEEDS
Je ifer Lewett Mhitehursi
Deaufort. County, NC
,1Una, 01, 2012 12:201
�wk 1784 Pas S-64
FEE &.00
K RM.1f 7W $2N.N
11.STRKNT E '01'000001
_--_---__--. __---.-__-JSPACF ABOVE THIS LINE RESERVED FOR RECORDING ING DATA11--__-. ----
STATE OF NORT R CAROLINA Prepared By: 14ORNE & HORNE, PLL.n
COUNTY OF BEAUFf1)RT' Mail To: GRANTEE
220 Loop Road
Tay iFxtreeu No-4 07- @327� 07-(X*312a,, &. (P,740325 - Belhaven, NC 27810
Excuee 1r= S 201C,
GENERAL WARRAN7Y DEED
The Prewer is uwf eirmed ghara 0 mar ai ponion off ai*.z pirepeMy hemimi conveyed _dues/ X does call
Bauehuode She jpc- netipffd res6demice ua the Cr-tvOir..
THIS DEED, made and entered into this the 26& day r4 April, 2012, by and between MPCHAEL W.
BA. CEMAN, unmarried., whose address is 4909 River Road, Washington,14 27889, and LEONORE A.
BATEMA.N, widow, whose address is 4909 River Road, Washington, NC 27889, hereinafter Balled
f'P A.N T OR; and ERNEST FLOOD FOSTER, whose address is 220 Loop Road, Belhaven, NE 27810,
hereinafter called GRANTEE;
WITNESSET14
'hat Grantor, for and an nonsideratiorl of TEN DOLLARS ($10.00) and other good and valuable:
eonsiderahon to harry in hand paid by 0rantee, the receipt of which is hereby acknowledged, Fans given,
granted, bargained, sold and conveyed and by these presents does give, gran4., bargain, sell and convey unto
Jte said Grantee, his heirs and assigns, in fep simple, the following described real property, to -wit:
Lying and being in Bath Townshp, 0�eaufo r County, North a aroh . and }rang all ,c f'' is 4, `i
and 6 as shown on a map entitled "Property of Malcolm M. Hassell located at the mouth of
Duck's Creek, Bath Township, ]Beaufort Cwmty, North Carolina" surveyed and prepared by
?lake 4 . Lewis dated Augias? 1 1960 and on record. in the Register of Deeds of Beaufort
/t, / e7; 3

r
9K1784°G890
STATE OF NORTH CAROLINA
COUNTY OF BEA€7F6. RT
Nov 0 5 2012
DCM-"naDC�1?
DATE
EMAN
-, Q � AQ
El'v1AN
1, a. Notary Public of the aforesaid County and S ac- -;s hereby certify that 1ICHA.IEL W.
BATEMAN personally appeared before me this day and ackno wedged the due execution of the foregoing
deed ofronveyance.
Witness my hard and Notarial Seal, this the ,-Iay of April, 2012.
(All'' 'l1X SEAL � do
t-oturY Public
Beaufort County
Z
gpi�pti CAROV ,N
STATE OF NORTH CARC
t Ol_ilelTY OF BEA,UFOR
rted/Typed Name:
Corfunisgion ]Expires: _
1, a Notary Public of the aforesaid County and State do hereby certify that LE014ORE A.
BA'1 EMAN personally appeared before ¢ne this day and acknowledged the doe execution of the foregoing
deed of conveyance. {�
�ditness my hand and Notarial Seal, this theca" day of April, 2012.
(Ally SEAL
��dpv�`GH a. e0'1ii
yo
Notary Public
Bsautort County
oy�'�T,y CARO�'���`
4 "
Rajo--
4VNUTARYPUB 1Cn
P'ri nted/Typeel Nar
My Commission Expires- 00-ppla �—
fg,3of3

Lez
NoTI(01$10?A
Z
LAMA PERMIT
APPLIED FOR
k-Gt5v\% ,� � 1 ,y ..�
y tN 0 emV -ec ao �Z.
COMMENTS ACCEPTED THROUGHz-
APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT 0 FICER BELLOW:
a5� `� � -3653

Major Permit Fee Schedule
RECEMD
NOV 0 5 2012
DCM-MHD CITY
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial
development that does not involve
he filling or excavation of any
Hands or open water areas:
$250
100% ($250)
0% ($0)
II. Public or commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas:
$400
100% ($400)
0% ($0)
III. For development that Involves
the filling and/or excavation of up
to 1 acre of wetlands and/or open
water areas, determine it A,B, C,
or D below applies:
MIA). Private, non-commercial
development, HGeneral Water
Quality Certification No. 3490
(See attached) can be applied:
$250
100% ($250)
0% ($0)
III(B). Public or commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 3490 (see
attached) could be applied, but
DCM staff determined that
additional review and written
DWQ concurrence is needed
because of concerns related to
water vatic fife:
$400
60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 3490 (see
attached) cannot be applied:
0
60% ($240)
40% ($160)
IV. Development that involves the
filling and/or excavation of more
than one acre of wetlands and/or
open water areas:
$475
60% ($285)
40% ($190)

Permit Class
NEW
Permit Number
11-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
V erm 1' t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Fosters Seafood, 220 Loop Road, Belhaven, NC 27810
Authorizing development in Beaufort County adi. to Duck Creek, at 70 Captain Tom
Drive near Washin on as requested in the permittee's application dated 9/24/12 including the
attached workplan drawings (1), dated received 9/24/12
This permit, issued on January 16, 2013 , 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 oe suojeci to rmes, imprisonment or civil action; or may cause the permit to be null and void.
Boat Ramp
1) Unless specifically altered herein, this permit authorizes the boat ramp repair all as indicated on the
attached workplan drawings.
2) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to
contact waters of the State or waters that will enter waters of the State.
(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 Division approval.
All work must cease when the permit expires on
December 31, 2016
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Fosters Seafood
ADDITIONAL CONDITIONS
Docking Facility
Permit # 11-13 t
Page 2 of 4
3) Unless specifically altered herein, this permit authorizes the three docking facilities, the boardwalk
facing the east and the construction of the breakwater and the other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this reconfigured docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
4) In order to protect traditional navigation, the 8 feet wide dock along the south facing bulkhead is hereby
deleted. Any and all reference to this structure in the attached permit application and workplan drawings
is hereby considered null and void.
5) In order to protect traditional navigation, hand rails shall be installed on the southside of the southern
most authorized docking facility. Signage shall also be installed informing users that dockage is
prohibited on the south side of the docking facility. The handrails and signs shall remain in place for the
life of the authorized docking facility.
6) The authorized breakwater shall not extend to the bottom substrate to allow for aquatic organism
transport.
7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
8) The permittee shall 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.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
11) This permit authorizes a maximum of fifteen formalized boat slips.
Upland Development
12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the gravel driveway, all as
expressly and specifically set forth in the attached permit application and workplan drawings.

Fosters Seafood
ADDITIONAL CONDITIONS
Easement
Permit # 11-13
Page 3 of 4
13) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
General
14) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made ,against the United States or the state of North Carolina on account of any such removal or
alteration.
15) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
17) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
18) Nothing in this permit shall be construed as allowing any development activities to take
place on lands not owned by the permittee. The permittee is cautioned to exercise all
available cautions in the construction of the driveway to ensure that the authorized
driveway not exceed the limits of the permittee's property.

Fosters Seafood Permit # 11-13
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many development or
land disturbing activities are not allowed within the Environmental Management Commission's
Tar Pamlico. Contact a representative of the Division of Water Quality at [phone] for
more information concerning allowable uses within the Tar Pamlico River Buffer.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
12-1020.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2012-01864.

RSCMft
vuck- cvel,,ProJ'ecti✓c� fm�i` 4 2012
�XJ/lO�L1 -l?' tL1Ce(/�O�GE/"h ; �M�CITy
�'or� M��av Developn�ek� Feemlt©n -the kah l
%—%!qt r Ocvh �� deeL�C CveFl�ctolcl�eSS is 70
CdiH 7igin Ve;,'e, LCJcaS�ivi�lDri, NC',�78��.��7r�)`
poSP to replace bLt Kheacd©h Creeks$Je o�
r�pev�f; �-o Keep /and Pi -OM Z uxaa�fTD
on weer S.cd e- 5 --wde be+lveek
/OO jcf /Onq .5o �oai"S Cca �-i tie L&P .
br tie purpose o� uviload ha Cr&Ls, �oadir.0
u.)akf to V epe Ti'e aC�S
D� %Ci`s rih0 bu(kHec�a�,uh SoLL+A S de O� Said.
kCand So hvikhead woh`f J-ea, oLiLe-f P-&
%/ham purpoSF c9--tAe Aboue I iAlellJ/10
jbuy QPd -5e(I 84xe i) rrd CrrQc�zs
A(S0 IL)124rt to bpi l� ct breQk-cuafevo�
wo®d und�� 7`he ��iGd p,`erSo«tk��to KPEP
ily karge- seas 1-o& q ;h, Xlso %o
,�xiS�is�y (�Daf I -amp tic pcc�- bday-s lvr 6Qf

,1:7! �x ,��'�°II�CC �:i:a t r��„y 7i, ,
;tlmgv TQv+6a.Yd 72,271m
Meant CeAmgOna WW7aNON Cry COASTAL MANAGEMENT
, . _ Y_
_
1 basins; Name
�_ Fo57ers
project Name (ii apok able)
_Puck CreeK
_—
4plicant 1. Fink Name
F
fa
Last Name
F©sfer
�rnesf
.icant 2: Firs't/Name mi last Mane
PP addiii(mal goplicants, please attar* an a Mftnai pa4e(sr w0 names irsted.
Mailing Addr� .
�p kCo )ZOad
filly
udiwo
State
ZIP
78 E)
Country
U S FF
phone No.
eat.
FAx No.
Street Andre. ;gf Mwerd Prom above) e,ih State
,:Ip
tmai!
!
ii
Mw
i
t�ia<Ii M35S Ffam¢ ,4,s i'�0��
/7
Agenil Cant, adtx 1. Fim Na",
Ml
La€'r taama
Agen l Uxitradar -' First Name
ml
i
L.as€ Name
MO-nj AddrAs'
r': DOX —I —
wte
.Zfp
Phone No.
t pirtna, i3d. 2
F&'. rAo.
uvec Ajor,= { NhTerpni Pn. m soda?
City tate
Ir
I
•.;IF,nwmm rvMl9!QI!MPft i.L!m Ihr°5t(4:.,.

�nrED
Form D" M MPA (Page ri 41 NOV 0 81012 _
Art.;r:K Gr:r�' mi
e
County (Can be multiple) She }kdih'"f.5 $tata Pd �?
a ►-7` 7o cap,fai Pt Torn Dr,,u2. 1358
Subdivision Name City . F.,y�j y.ip '--
Phone too. Ceti(
*491� 9V3- 9I19-
Lot No.ls) jdmany. attach addifiwfa/paga with fish �—�
ems.
y . S . 6 .
a, in which NC rivar basin is fits project V Caw-?
b. Mane of body or water neareat to propowA prgeri
Tar- FO k4 iI eo
Duck Creek
C. Is the water body iderfAiied in (b; aNxiue, natural or man made?
642turai WUnmace
_
d. Name the doses( major stater body to the proposed protw,' site.
OUnlmown
Pat II'c 6 jZa� vet-
e. Is proposed work within city Iimita or planning junsdidion T
I. If applicable, fist, the planning jurisdiction or city limit. Iha proposed
Dyes Ajhdo
work falls�withir.
/V
:. *+�qt
f^.p'r
a. Total length of shoreline on the had (R.) I b. Size of entire had i_r431.j
c Sao of hhdWual lot(s)Y9 X I 5 K O d. Approximate eksvatiraho4(raelabuY5 f4hW fwrmathigh wateri or
ISSk/O5x57-,D; i/o's/kT)(/Vx03x%l 14WL inefmal waier liven
(if malty lot sizes, please attach adrDtlonal Page wi4lt a fist! ❑HI-1W.i w `�(,%m 3
a Vegetation on trail —C,—M SS oL ` ,` n e Trees
i
T Man-made faaturesanouses now onhad .ex ZiS1`i`rt� Pik lo1nAc),rpbIE HG4Sq.
QuIkAea.d - 6©a*raotP
g. Identify and descriDo the existing land uGer, adiaoeni (c the proposed projeiY As. /► u 0 use Diu e b n
1 I t IIII
h. How does local govemment zone the tract? IVCV /i LJ
I. Is te hpropa,;ed pn:* ad com mter? with the applicable - omrWi
7[].os
(Arach zoning Compliant* ceruti�a(e, 6 tica appt=lei
❑Hr Whi
--- —
j. is the proposed adivirf part of ars urban waterrront-edevelrt ment proposal? [j-iws f4c
k. Has a proless+onal arclhwsologi;;al a�sassmen( been done W the lrac? If "oss, attach a oWY CYes O40 []P.W.
It'fax, b'i what'
I. Is ins propce?+d project Wated ai a Haijunal P.egm-erred HUonc Distrk:i or does a involve a i]'fs�'10 [IN4a.
National Pegisler listed or efigibla properly,"
.:. "' vf" c:«1lillii1ti1111Duki ZO IICa!x� v''a�lp's'.

Forum [W-M MP-1 ,,r artie "i of q`r crx Il�C� " f�
Nhel"r C eNek.,plsxarri Perm"
NO v 0
m. () Are Were wellands on the site? -- ❑Yes Imhlo
(i) Are there coastal wetlands on the site'% Oyes Jallo
(ii) tf yes to either (tl) or (d; above, has a delineation been conducted? ❑Yes Am*
iARach da umenfatim, it avadablei
n. Describe existing wastewater hmatment + KAKies. Me n le EX fs h1 hQ
a. C�eSoriPrs exis ing drinking water superly Sour . k7 ea u f e r 1 Coa nt y OW Ter
r
p. DmAb4 misting storm water -- . - r treatment systems. ---
a. Will Wo prw<c: be -rI pn.aPa ure:
❑Private/iommuri—N_ .L .1
b. Give a brief description of purpose, use, and daily operations of Cha prC+ o& when r;rnplwte. -Pe LLp
Crab boats _ iP-/-mdekwe,yk pocK and bLky ,ero�,, [on�n►ertr5x(ChabbC�
tl
c. Describe the proposed construction methadology, Cypas of construction equipment to be uW during wneiruciion, the number ci e3M t pp,
ofaquipmenfland where itistot* stored. eA¢. &#AOe- w:T-h Piie- ()Piverrwa*roulKpd-Aug v,
IirPOTIKy/�;Ieir.9Sd-hL4(cheJJo _&AS;}e WA ehwor1cbeer;ns
o�'Me►-WlSe- 4 f- 2-9.6 k'"OP Road k3elhaTvpgH Ale,'z7&/0
d. List all development activitiesyou propane. Pile -Is f4 e[t Q Gres k vid 1 3 — �0 JO hg X
S-Atwrde piers; lSSf-toFIVew Bulkhead I�Pt iVatev-ward OfeXpsfI
bulk -head -on dux_kcreekr,4e., Break Water un�8[^'Southerl�r I'ter
/00f_tl4 Lerr.+/h; (34.ardwa(k 1.90 4't/.VAY &0 ftw,de, c.raue( en, aejve404
e. Are the pmpowd sdWvitm maintenance of an misting pr"ci, now work, or bosh? Q
F, What r tha appr.,ximaie tOPat driauetw.sd tland area rasuW4ng from PnQ prvp�?sed prc�led'? �Q."_:�K.Ft rx ❑Auras
1" 3,0 Ho _S e-f:
g. W-dl the proposed pmoleci encroach on any pubic aa:samert, publk. arz�.sway or uthW area L F's rdo ❑ld4 i--�
that the public hz eetabilshed usa oP?
h. 6eacnt o location and type of emsling and proposed t0 water=. of CIw
,J rl t
i. Will waslawaier c•r stormwe'er tie discharged into a w edind' v'i es A,in 04A
If yes. will in* die .nar,}sd water be. of the same salir-kv as the rw.-�a M w ator' [f as Drat; -LOW
j. Is there any mitgafion proposed? ❑ � es- pvio ❑rdik
tf yes, aifaun a mitigation proposal.
5

F-g17n 0• ;MM NIP..1 fPaev, .a .4 a:-, '�clyds711r$ YMSkf Mir
ry�yii�r [:rcgryl�,���'�gP�i t^�^P�rni3
1VvV �g2012
W F-
MMA-
a. IPTOWnarrative re— IQdH;o'Se-11 Craigs, oln le Crac b e i 5
- .i..l> bea,ii F3¢x e� Ili 6'rlgo'
b. An accurate, dated plat (including Plan view and - d wings) awn to ,cs. r 9ease give the Present status of the
propmod pnynN. W 44y Vv Tfion already Cnmplefe7 If previoushr authorized work. dearly merle-', nn maps, plats, draMnis; to distinguish
between work completed and proposed.
,.. A site or iaatun map Wall 4 zufRuontly dehik:d to ;trick agintj pe= =rel unfamiliar with. She z^cl t, Te sae.
d. A copy of the dead ',with slate application only) or ohder instrument under whict. the applicant dams We to the afrected propedWA
e. The appropriate application fee. Chedt or money order made payable to DENR.
f. A list. of the names and complete addresszs of the adjacentwatertrcnt f riparian) landowners and signed return receipts as proif heat such
owners have received a copy of the application and plats by certified mail. Such landcwlzrs .,., a; rµ a".i^ed iIta( rhrn h.: '7p days in II
which to suti" comments on the proposed priced to the Division of Coastal Manage,-1 i
i 41
X4Name
Phone No.
Address
i r
_may
g. A list of previous state or fademl pares issued for work an the proiect trail. Include permit numbers. Pemtate®, and iszong dais.
h. Signed consultant or agent authorization form, if applicable.
i. WMand delineation. if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must LW Axle, pp 01.*'4Vrrorl
k. A statemenl of compliance with the N.C. Environmental Ydiicy.Aa (N.C.G.S. MA IAA), a necessary. If the plojed invchrau ugrendiiure
of public funds or use of public lands, attach a statement documenting cumptiance with the North Carolina Environmental Pohay Act.
I understand that aril, pvsMlrt Icau o Iry response is',Pus tippncation Will alloww ,n lly at- QVVVrur)rrlein uc :,�•c+, ,•, u,<...Fyr,•.,.,....a..
The project will be subied ba the r onditions and restrictions contained in the permit.
I cartity that I am audton-ed to grant• and do in had grant permission iv replessvlltaiiwes of stale and cdcr A c-uk,,ff uyeri4 N: to
:.nter on the aforementioned lands in connection with evaluating information related to this permit application .and follpw up
rnunfriwing of the pne je4.
I further certify that the information prouiaed in this application is truthful to the best of my knowledge.
Date . L�__._._. Print Name �r rn e s f FI V..��al AO�ter
stra
ignature a-ft t t�
please indicate apiahcaticn attachments peerirsining to your pr�:rsed project.
W6G Mi MP--. Escvvahon and Fill Ink mation ❑XMA MP-5 Bridges and C.ulvarts
MD,--MB MP-4 fitnrr..tures Infomur6on

Fora 0CM MP-2 .
EXCAVATION and FILL NOV 082012
{Exeeyt for bridges mnd icWvertsa DCMMHDCITY.
Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint
Application that relate to this proposed project, Please Include all supplemental Information.
Describe below the purpose of proposed excavation andtor fill activities. Ail values should be given In foot.
A,A:ae SS
v
V�
Cltaxpnel
{NLW or
Canal
Boat Basta
Boat Ramp
Rock Grain
Rock
Other
(excluding
PiWL
Breakwater
shoreline
stabilization
.engttr
Moth
-
ivg. Existing
)epth
Inai Project —
--
NA
NA
fepth �
NA
NA
. e^ v^ vn a mere whir Section not 3pp11ca_&1
Amount of material to be excavated from below NHW or NWL in
cubic yards.
(i) Ooes the area to be excavated include coastal wedandslmarsh
(CWj, subme ,fedaquattc vegetation (SAVy, shell bottom (SB),
Of other wellanda (WL)? If any bnzes are checked, provide the
number of square leaf affected.
❑G'W ❑SAV (]56
OWL _ oti.one
(if) Describe the purpose of the excavation in these areas:
material to be excavated.
d. Hiq"round excavation in cubic yards.
UlZiFQSAL OF EX CAV4 rE0 MATERJIAL his section <7ot apspiicable
Lacaifar, of disposal are;._- b. Dimensions of disposal area.�-
if) Do you claim title to disposal area? d. (i) Will a disposal area be available tar future maintenance'
❑Yes ❑No ONA Oyes ❑Nc [,J-NA
Ili) If no, attach a teller cli'anting permission from the owner. (if) If yes, where?
(it Does the disposal area incivde any coastal wedandsfmarsh
iCW I. submergled aquatic vepe€ation ($AV), shell bortom (SB,
a(ocher wedands (WL)" If any boxes are checked, provide the
number of square reel affected.
❑CW OSAV _ _ OSB
OWL _ _ j)None
(it) Describe the eurpose of disposal in these areas'
1. (b Does the disposal include any area in the water^
Oyes ONO C]N,a
(it) 11 yes, how much waiar area is affacled"

3. SHORELINE ST..ABILIZATION
y(it developfneni is a wood gran, use MP-4 — Struciures)
e. Type of shom](ne stabillzatlon:
Ogahead ❑Riprap ❑areakwatedslll 00ther.
Averagedistancewaien..WdoffaHWo NWL•
°1 4t
e. Type of stabilization material:
too6) d. &-L (/; A y1
�711i5 sectltan P appllreb+;:
Width:
d. Ma)omum distance waterward a! NHW ,N tlWL:
r. (1) Has there born .shoreline erosion during prw,*ding 12
ST,C nft?
[Dyes 9t4u ❑NA
(,i) if yes, state amount of erosion and suhirca (If t rosvtn amount
information.
a. Number of square reak of all1o, be placed below water level. h. Type of rill maileedd.
BulkheadbackIll RipraD.�...
BrealkwaterfSlt Ocher
I. Source of rill matenai. /1
4. OTHER FILL ACTIVITIES J&l;jhi:, applicable
(Excluding Shoreline Stabilization;
a. (i) Will rill material be brought to the site? ❑Yes ONO ❑NA b.
It yes.
Ili) Amount of material to be placed in the water
(111) olmensions of rill area
Qv) Purpose of All
5. +y rYER.AL er up- ee n ou ry P724
gr� wood aa�ris �; t,� one �Hch
a. Hove will excavatM or Oil material be keel un site and erosion b.
controlled' .
�u1P 61ead consffarfed prior72)
back -A; !lr'no�
c. (i) Will navigational aids be required as a result of the project^: d.
❑yes nNO ❑NA
(if) If yes, explain what hype and hour they will be implemented.
Date Sept
Project tame puck Cote k
(ih Will fill material be placed In Coastal weearwsimarsn tvnl.
submerged aquat)c degetalion (SAk), shell b&!om (.53). or
other wetlands (WQ? t any boxes are chgcb-ad, i;ovrde the
number of squara (eat. affected.
OWL Owne
(ii) Describe the purpose of the rill In these area*.
7), ftti
9aa b e wte,�4-trjee--
What type nt Construction equipment will be VBed (0 9-- dragline,
backhoe. of hydrautc deedger
iarlr l7eP� d real n Cc1C y '^
(i) Will wetlands be crossed in transposing equipment to projeci
site? ❑yes We ❑N•A
(it) if yes. explain steps that wilt be taken to avoid or minimize
environmental impacts.
Applicant
jCr
Applican! Signature

Form DCM MP-3['ED It
UPLAND DEVELOPMENT
NOV 0 8 2012
(Construction and/or land disturbing activities) D
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Jofnf
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
5 ftwlbe eocvil wu( Ko. qu ft
ravel en Atoveway
c. Density (give the number of residential units and the units per
social.
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.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes []NO 'JNA
(n) If yes, list the date submitted:
9
Give the percentage of the tract within the coastal shoreline AEC to
be covered by Impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking. �.
i. Give the percentage of the entire tract to be covered by impervious
andior built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
j. Describe proposed method of sewage disposal.
(�i"c�rJr��P� S�j�fi e ,5y�7`er>z
4� �� fc� rY' Coce>tity If ea ('FGt l�el'7ar'f
frylP �31 �.3°�1-1 uml`dunt/ 7-�f! 20/�
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanotary wastewater, industrial/
commercial effluent, 'wash down" and residential discharges).
Sua-�C.c U'reft a�'{�
b. Number of lots or parcels.
3 -1 e is
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
wa v Ro�Ec C� v e l i Sca�fdk
I. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
.5art aQCDCKCHIaveI
FbyeV 5"f-on -e-
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwaler Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
[]Yes []NO jaNA
(if) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
[]Yes ONO RNA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
[]Yes j&No ❑NA
If yes, attach appropriate documentation.
'r_'.. irw, 2asn":s�C•iy+•:axr[b4fr.:•,n4 to tt er;n�v^.r:.:..rynl?en�. rr,.i: :/^ElUI#

f L'i �<0 W9V�i! 6Yui 'M tit t)RN4CM aty9"i<2'rbyptitifl G) Y'1'=}f+i L• GP. 1. �•
m. Describe proposed drinking water supply source (e.g., well, n. () Will water be impounded? DYes Jallo ❑NA
community, public system, etc.) - (ii) If yes, how many acres?
Ap921AC61-1- 0u(ifv�u6�iC Lt�a N
o. When was the lot(s) plated and recorded? p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes EINo VNA
Date
NOV 0 8 2012
Project Name
Fri�estF% d_ CJrV
Applicant Name
n214 �2n' ,
Applicant Signature
.%5 a(fr• '"i ::tyrvec rai''v^y„steFtn_lp6-Resw§.?7R� eM1txie•wi:?'2(:Z&!06

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
rNO
RECEMOV 0 S 2012
DCM-MHD CITY
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. Please include all supplemental information.
1, DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
02rCommercial ❑Public/Govemment ❑Private/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
Jges ❑No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? []Yes JgNo
(ii) Number 3
If yes:
(iii) Length l i%U
(ii) Number
(iv) Width ,5
(iii) Length
(v) Floating []YesXNO
(iv) Width _
(v) Floating []Yes ❑No
a. (1) Are Platforms included? ❑Yes U(No
f. (i) Are BoatliRs included? []Yes RNo
If yes:
If yes:
(ii) Number
(0) Number _
(iii) Length
(iii) Length _
(iv) Width
(iv) Width
(v) Floating ❑Yes El No
Note: Roofed areas are calculated from dnpline dimensions.
g. (I) Number of slips proposed
h. Check all the types of services to be provided.
" d E 1-t
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
O
❑ Dockage, fuel, and marine supplies
[]Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps: _
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
VOpen water; no dredging required
❑Other; please describe:
k. Typical boat length: � (� /
m. (i) Will the facility have tie pilings?
ees ❑No
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
puYt—�[JG'Lf /
I. (I) Will tFja facility be open to the general public?
es []No

RBMIVED
2. DOCKING FACILITY/MARINA OPERATIONS pTbim section dot $ppAcabte
a. Check each of the following sanitary facilities that will be Included in the proposed project.
❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: A10 rl� P^ An6 M ikm, 4-
❑ Showers %O i 'le Y' Z1.40','n3 C rot b .S easo h
❑ Boatholding tank pumpout; Give type and location: ei
b. Describe treatment type and disposal location for all sanitary wastewater.,
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
A L5hofe-ef J in_� P'`ers -?
(11) Give the location and number of "Pumpout Available" signs proposed.
V/IC- V - -
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance he disposed of?
NC)h e q %l©&1 ed
h. Give the number of channel markers and *No Wake" signs proposed.
1. Give the location of fuel handling facilities, and describe the safety measures planned to protect area water quality.
�(.�a fUP/ had�dhslP ,�'�.�;li'tles rr�p©red _
j. What will be the maa/rriinaa policy on overnight and live -aboard dockage?
K
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
N/4
m. II,ss. !tthhe madnaidocking facility proposed within a primary or secondary nursery area?
. l�Tes []No

1
rt"t :')CAM au'ti�1-7. ? y A'a..,;is!*£.. r .,y t :s S3 C.}
NOV 0 8 2012 9
a is the marina/do&-ing facility proposed within or adjarrnt k, any shellfish harvesting area?
O"�f DCM7KyDCITY�
o. is the marina/doeAing facility proposed within or adjacent to coastal weetiandslmarsh (GUI), submerged aquaf c vegetation (SAV}, shell t . mr,
(SB), or other wetlands IWL)': If any boxes are chaaed. provide the number of square f®et of asked.
OcW i]SPV ❑SB �—
OWL -- [INone
o. Is the proposed marinaldo4ing facility located wiU:in or within dose, proximity tai any shellirtli leases O'ies 19W
h yes, "a the name and address od the leaseholder(s), and give the proximity to the lease
, SLI4YwiOUStc rmdrrding ex>dvred klts} o ne aechm not a abto
a. +i, fs the boafhouae structure(s)'
[]a:;amrwn ial [IPubteCovemmani 015rivatelGorrmmunay
Nurr0e-r _.
(fit) tango,
tiv) Wid:
Nnfa: Rooted areas aYe cakulamaY f mn dapfirw dlmen 'e...
CyRf_j9M ($.g_ wnool streeq ile, ems. N a reek gja r, use MP-Z Exc.avaVan and FrY:) WHS Section Trot Wfica Aa ,
a. 0) Number
(u} Lone',
(lll) Widti7
U)60 d I ihas;sehc anotapoeabte I
A, Length Z92a" Aftow,$/),aY a b. Average d'etaneaefmm�NHW.NWL,orwredanda
LiW -IVwL $ho«
_. !tRazilnurn de�ie:rca Lvytxa5 YAMiti.. fA4YL e� x?U�nd3
ZW2� Shore
MQ,7OM&RUWas`wad S'L:SO`Z � �Rre s�Xtiannalappii,ah4q
a. Is the s4irumre(7):
❑Comtnerdal []PudIiJS"soves,�la�x®r8 Op'fiv'a'rnv' ommunity
c. oiSrAnU3 fn be, p4ax'rd beyond Sha79niine __......
hate � ',T!is staxy0 !w rners:cs;»4 ri-an mu��;s e+drl€, dF+!'Fxrt
e. Are of the swwg
b. Number ._____
.. f.�-axiprtiun nF tWay (wior, inscxipd�m, ;ee, anrhea.. aic.i
?: G-EMEM.,L B1-eak c.( h?k-_ wl 1( b e -rho de_ u °fir 51�'��ed urn©d Sa(f-
Ltide`. atsaq e 8L� totae tc„t-h an t. rock �Ca� befi�e" &7a,(ds ""- 1
Str2J-/e Pr eh fir'/etnys Sha</ Prfel�7 ke Sah,e-e,tt�as eke Soutlnr
p;`Er, uJlS/s.�va.`iss �asfe:,eYS�Ba�ts

Form DCIM 3 O! 4 sst7tiztures. Psao 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
Note: Forbuoy ormoonng piling, use arc of swing including length
of vessel
c. Width of water body
f1tApP°'an Ocrct� eYeef<
e. (i) Will navigational aids be required as a result of the project?
[Dyes [9No DNA
(it) If yes, explain what type and how they will be implemented.
N,V082012 r
b. Proximity of structupe(s) to adjacent docking facilities.
/ q i 11- ��M�rxnem,
d. Waterdepth at wraterward end of structure at NLW or NINL
�f
18, OTHERJaThis section not applicable
a. Give complete description:
Applio nt Signshre

wA: g Fri-
SVM b
wit te✓ 6epA
trj
NMeasxred
m
Duc Cvee(<
lu
1
O� a
� ;
0
`0t
6,3 mIV
r-
I
T
' O%r ,
a%� 21
�Sca1e
one eneh �aft�_ �
EFL(COwAK ter 4 ,
(�
buckCvee(c rofecf
b�uc k
C eek '�n 6rs
-
�_
tl
Gross v; a ov
eu) ei
Pit rs Abt to
v
CL
f3u Ittiec
BOar4 wat ►
Seal
� v
hnc�ors • f _
P�IeinyS
'
E
,yam
�p�
(LJ
--
C Fy ! 3
r
I
'
�•P"ed 8ckr wa I
Rboveby, 9 W,de x
C+oand Levasl
,oroperty op
QD
ErnesrF/oyd Fos let,
C-
220 I.OB p Rd.
Fo'i
SelhavPw Mc, 27881
P Q
�Fxisf,,K5 Pdel ngs ►orpessAto
/tcuse
v
-s
tl
r3
� acts_ oc.B�bbS54,it
Of
,vo: L&yeh ds, wet[ahds
;�L-8 fr
property of irOPc FY } I ( n
,rar)e s,tl-5tepheA C, TYSoh
lclq& Wexford Lane
Green U, Ile, A/C, 9.7 8 9-8
F100.4t i WU
m
H VIOL
eni s y fpF,
4: ( be -A
k
WE ! Y
u
iNo
n �r;w'Ntyk
water bevel;
� N s rtona(Ghanne I
�t
�u�k;►•s geo.�l� �,
v
Cc

Rea ►a Oez aoi'�,
W o-Ro b-, DAb, (tc6a,
Mr. David Moye, District Manager
Coastal Area Management Division
943 Washington Square Mall
Washington, NC 27889
October 24, 2012
Mr. Moye,
On September 27, 2012, we received a letter from Mr Ernest Floyd Foster advising us that he was
applying for a CAMA Major Permit. As the adjacent property owner we are responding to his request.
As evidenced in this package our concerns are many.
Our intent is to be as specific and factual as possible. We have sought guidance from your department
on the rules and regulations governing such a permit. We have also reached out to Beaufort County
Environmental Health and Beaufort County Register of Deeds. We appreciate the level of experience,
and the ability to "explain" complex regulations to our family and neighbors.
If you have any questions for us, please let us know.
Sincerely,
c�f/k� RECEIVgD
Jane Patrick and Stephen Craig Tyson NOV o B 1946 Wexford Lane 2o12
Greenville, NC 27858
DCiy
oattyson( suddenlink.net cJ v
252.355.1771

As adjacent riparian property owners, we object to Mr. Floyd Foster's proposal. Our major
concern is that there is not an approved commercial septic permit.
Using his CAMA application as a guide, we will show that his intent is commercial and the
"improvement permit" referenced on his application is ONLY for specific single family use only.
Major Development Permit, Form DCM Mp-1 (page 3 of 4) # RECEIVED
Site Description. Section four (4) N NOV 0 8 2oI2
Waste Management / Septic SVstem
DCM-MHD CITY
• "Describe existing wastewater treatment facilities."
o On Mr. Foster application he states the following:
Proposed Septic System: Beaufort County Health Department File # 31281-1.
Valid until 7-28-2016
i
rj Zr~s
Beaukr7 -ounx1-y 'r�aI r�4
�.. ri.xrsurmra -lD w,rmzry ;n,�t�r +uwyu, 860.uFVYt"e-04Mfy u.&KV
The above referenced permit will not support the proposed commercial project
by Mr. Foster. That "Improvement Permit" was issued based on specific
conditions. Residential use only, a three (3) bedroom NEW single family
Residence Only.
See attached documentation from:
Matthew L Hager, REHS
Environmental Health Program Specialist
Beaufort County Health Department
252.940.5716

(This section validates Mr. Foster's Commercial intent of property)
Section (5) Activities and Impacts 1p IMCE1yED
Major Development Permit, Form DCM Mp-1 (page 3 of 4) NOV
0 8 2012
(a)
• Will the project be for commercial, public, or private use? DCM-MHDCITV
(b)
o On Mr. Foster's application he checks the block indicating "commercial"
• "Give a brief description of purposes, use, and daily operations of the project when complete.
o On Mr. Foster application he states the following :
Buy and Grade Crabs from commercial fishermen
Form DCM MP-4
Structures (Construction within Public Trust Areas)
Section 1. Docking Facilities
a) Is the docking facility a commercial, public/government, or private. Mr. Foster chose
commercial
b) Will the facility be open to the general public? Yes or no. Mr. Foster answered YES
He did not answer (g)i. number of slips proposed.
We respectfully request that this Major Permit application be denied at this time. We believe
that Mr. Foster purchased this land in good faith and believed that he indeed had an acceptable
waste management/septic improvement permit, one that would meet his commercial needs.
Clearly he does not.
As Mr. Matt Hagar with Beaufort County Health Department states:
"Due to the complexity of this site, if the property owner wanted to use the site for anything other than
what is currently permitted, they would have to hire a licensed soil scientist or engineer to evaluate the
site and submit a new proposal to our office for evaluation. "
N

We believe that.......
PXCEftD
i
N01/ 0 8 2012
Stopping the process now will benefit Mr. Foster, Craig and Pat Tyson, pry
our neighbors, as well as our fellow tax payers.
• Mr. Foster will need to assess the fiscal impact this will have on his business decisions. It has
been our experience; applications for a Septic System on Captain Tom Drive can be a lengthy
and costly process. This piece of land was denied on at least two occasions. (documentation
attached)
• As the adjacent property owner, there are concerns we now find require more time to research.
Property line. On Mr. Fosters rendering he states we share 128 feet. I went to
the Clerk of Court at Beaufort County on October 23, 2012. The information
they gave me is different. They are showing 107 feet. Our deed "appears" to be
different... also, land may or may not still be owned by the Hassell heirs. Need
to check the tax records. (Documentation attached)
• Depth of water. On Mr Fosters rendering he "appears" to show the water level
(beyond the proposed 100 foot pier closest to the ramp) as being eight (8) feet.
We believe the water to be approximately four (4) feet in depth across that
section of water. This is based on GPS readings from boats and known by the
locals that you can walk from one side to the other. We have not yet had the
opportunity to measure, but intend to as soon as possible. Weather permitting
October 27th.
• Impervious Allotments: Mr Foster has inquired about paving the shared private
road. We believe we have used our max percentage of impervious space, and
therefore have none to give. This also goes back to the property line.
• The Road. There is a question as to when the map was recorded and when the
road was built. The canal we refer to as being parallel with the private road is
actually a borrow pit. Again, what part is still owned by M Hassell?
• Neighbors and Tax payers: To use the "Boat landing project at Hawkins Beach Bridge" as an
example of the fiscal effect of this silo process of land and water. (Noted: we are not experts on
this project, the information that we share is based on the stories we have been told. What is
indisputable is the land was cleared and then the project stopped) If we understand correctly, a
lot of time and money went into a project that should never have gotten as far as it did. The
proposed boat landing was first reviewed based on the land use. It was then approved, and
investments were made into the project. It was afterwards that the project before was halted
because of "water restrictions". Evidently, no one gained approval to dredge a channel before

JZEMVm
NOV 0 8
they started land excavation. We believe if there had been communication betweerift - W. I.ITy
and water" governing agencies, this tax payer expense could have been prevented. We feel as if
we are experiencing this process on a much smaller scale with our adjacent neighbor, Mr. Floyd
Foster. His business requires water access. Therefore he is applying for a CAMA Major Permit,
"to build piers, walkways, bulkheads, etc." At this junction, he has not applied for any building
permits. (at least not to our knowledge) Yet, based on what we "see" out of our window and on
the conversations he is having with neighbors his plans include a building of some sort. Even
without a building, Mr Foster will need to use the land for extended periods of time. His
business trade depends on boats, cars, and trucks. And therefore, he will need facilities for his
customers and employees. In our opinion, this is non negotiable. Going back to the example of
the "Hawkins Bridge Boat Landing" project, just imagine how Mr Foster will read if he has
invested $100,000 or more in shore improvements only to be told in six months... "Oh, no.. That
permit you referenced on your CAMA application is notfor commercial use, only residential.."
We believe he needs to know it now.
• We are all tax payers. Everyone knows the state of our economy. Fiscal responsibility is
everyone's responsible. Expert resources are not free. 1 know that I have taken up a lot of time
from resources that are supported by Beaufort County Tax payers. Lawyers, architects,
appraisers, to name a few... are expensive
It is our understanding that the LAMA team of Beaufort County has already requested more information
from Mr. Foster than is on the application Pat and Craig Tyson received. Asking for an
"approved" septic permit on the application is reasonable request.

NOV 0 81011
Concerns specific to Application:
DC;y.�Cl�
Form DCM MP-1 (page 3)
Section 5 g. Will the proposed project encroach on any public easement, public access way or other
area the public has established use of?
• Mr. Foster answered.. ( No)
We challenge that this project will encroach on the deeded rights of Thomas Carr,
Stancil Heirs, and Pat and Craig Tyson.
• The language in our deed, specific to the boat landing and private road is as
follows. (see attachment)
The right of way to use the canal which is situated adjacent to and North of said road
and which empties into Duck Creek. The road and the canal shown on that map of
record at Map Book 14, page 68 are dedicated to the exclusive use of the owners of lots
shown on said map. (see attachment)
Form DCM MP-4
Section 3. (f) Shoreline Stabilization
• Has there been shoreline erosion during the preceding 12 months? Mr. Foster answered no.
We believe that there has been erosion. If you assess the area from the mouth of the
creek to the boat ramp, you will see significant degradation to the seawall. The
concrete steps actually fell into the water. This is also the area where Mr Foster
proposes putting the docks.
Section 5 General
c. Will navigational aids be required as a result of the project. Mr. Foster answered no. We absolutely
believe there will need to be navigational aids. Our reasoning is best explained with a picture.
Form DCM MP-3
General Upland Development
(i) Give the percentage of the entire tract to be covered by impervious and/or built upon surfaces,
such as pavement, building, rooftops, or to be used for vehicular driveways or parking.
Mr. Foster answer "N/A"
It is our understanding "2nd hand" that Mr. Foster is inquiring about paving the road.
He has asked one of our neighbors if we would be interested in having the entire
"private road" paved. We would not.
What are his plans for heavy commercial trucks? Turning around, parking? We think
this is certainly not a "N/A"

(j) Describe proposed method of sewage disposal.
Mr. Foster answered. "None Proposed"
to do.
• Depth of Water:
NOV 0 8 2011
Dcu-AUIDciry
We would like to know what he plans
Per Mr. Foster's Drawing it appears that he believes the water is or could be as deep as 8 feet
past the proposed 100 foot pier. We do not.
• Current Recreational Use of Duck Creek will be adversely impacted by commercial boat traffic.

Attachments:
• Improvement Permit CDP file Number: 31281-1
• Letter from Matthew Hager, Beaufort County Health Department
• Beaufort County Health Department Notice of Permit Denials
• Site Map from the Beaufort County Register of Deeds
• Language in Deed conveyance
• Need for Navigational Aids

IMPROVEMENT PERMIT
Beaufort County Health Department
Environmental Health Section
220 North Market St.
Washington NC 27889
Phone: [phone] Fax: [phone]
For Office Use Only Page 1 of 2
*CDP File Number 31281 - 1
County ID Number:
Evaluated For: NEW
PERMIT VALID UNTIL: 0 7/ a 8/.10 16
INSPECTIONS DIVISION: Buildina Permits cannot be issued with ontv an Improvement Permit. ❑ rin Sht W i,�3vpj,
Applicant:
MiKe gateman
Address:
4959 River Road
City:
Washington
State/Zip:
NC
Phone #:
[phone]
Address Duck Creek Rd
Road # Washington
NC 27889
Township
Structure:
# of Bedrooms:
# of People:
*Water Supply:
SINGLE FAMILY
3
6
PUBLIC
*Site Classification: PS Drip
Saprolite System?
Design Flow:
Soil Group:
OYes (&No
360
I
Soil Application Rate: 4 5
*System Classification/Description:
TYPE V A. SAND FILTER PRETREATMENT
*Proposed System: OTHER
Repair System
*Site Classification:
Soil Application Rate: _
*System Classification/Description:
*Proposed System:
Property Owner: Mike Bateman
Address: 4959 River Road NOV 0 8 7.01
City: Washington
27889 State/Zip: NC �pC
ITr
Phone #: [phone]
Property Location 8 Site Information
Subdivision: Phase: Lot:
Directions
Duck Creek Rd. Take right onto Duck Creek Rd, off of Camp Leach
Rd. When state maint. ends, turn left, its the last house on right.
System Specifications
Minimum Trench Depth:
1
Inches
Maximum Trench Depth:
,1 j
Ir(ctres
Fill Depth: , ;. }��6
- Inches
Septic Tank: r
1
0 0 0
Gallons
Pump Required:
O Yes
ONO
O May Be Required
Pump Tank:
1
0 0 0
Gallons
Minimum Trench Depth:
Maximum Trench Depth:
Fill Depth:
Pump Required:
Pump Tank:
Inches
Inches
_ Inches
O Yes ONO O May be Required
Gallons
No grading or construction activity is allowed in areas designated for system and repair without approval of Health Department.
"Site Modifications Eastern line of pylons must be carefully removed so as not to disturb the soil. Disturbance of soil can alter suitability
of the soil. Voids created by removal of pylons shall be filled with approved Group 1 fill material.
i ne issuance or ims permit by the Healm Uepartment in no way guarantees rite issuance of other permits. the permit hold
is responsible for checking with appropriate governing bodies in meeting their requirements.
*Permit Conditions American Perc-Rite Subsurface Drip System, Anaerobic
Authorization to Construct will be issued upon approval of submitted plans and specs by listened system designer
Lot exempt from repair area per Rule 15A NCAC 18A .1945
The Department and Local Health Department may Impose conditions on the Issuance and may revoke the permits for failure of the system to
atisfy the conditions, the rules, or this article. This permit is subject to revocation If the site plan, plat, or intended use changes (NCGS 130A336
_ )). The person owning or controlling the system shall be responsible for assuring compliance with the laws, rules, and permit conditions
regarding system location, Installation, operation, maintli mo it r g, epo ng, and repair (.1938(b)).
*Authorized State Agent: 2018 - Hager, Matthew 1 Date of Issue: 0 7 / a 8 / a 0 1 1
0Hand Drawing 0 import Drawing `*Sit Plan/Drawing attached.** Total Time:(HH:MM)
I
VN / 0 . Hours . . Minutes

NF-60 coNsTjZuCT-Jok) Au�to2i--�o
Wastewater System
PIN 0700032- 5,
Beaufort
Plan for Mike
6, & 7, Duck
County, NC
Bateman
Creek
RECEWFZ I
I
NOV 0 8 2012
I
DC4tM.YDcrry,
I
I
I
Primary System: Perc-Rlte Anareobic Drip Dispersal
Type, Shallow Placed (11 Depth)
Design_ Flow, 360 GIRD
iGPD/SD FT
wo Zones Red 6 Green
I
I
I
y I
� I
U I
I
I
I
I
I
I
I
I
I
I
Note, Map generated using sub meter GPS.
Property boundary as Indicated by owner.
0 40,
I
SCALE: 7"= 40'
I
Aston Soil Works, Inc.
I
2858 Madison Grove
Greenville, NC 27858 1
I
I
I

patrick52
From: Matt Hager [matt. [e-mail]]
Sent: Tuesday, October 23, 2012 4:33 PM
To: [e-mail] ALCEIVED
Subject: Duck Creek
tvOV o 8 2012
Ms. Tyson,
Per our discussion, the Improvement Permit (CDP File Number 31281-1) is good for a 3-bedroom New i ' e Ilr
Residence only.
Due to the complexity of this site, if the property owner wanted to use the site for anything other than what is currently
permitted, they would have to hire a licensed soil scientist or engineer to evaluate the site and submit a new proposal
to our office for evaluation.
Matthew L. Hager, REHS
Environmental Health Program Specialist
Beaufort County Health Department
[phone]

BEAUFORT COUNTY HEALTH :rCE"'ED
DEPARTMENT NOV 082012
�.. Environmental Health Section
220 North Market street De'j Aran C1Ty
wASHn*TCN W 27889 TELEPHONE: 252,W.6048
FAX: 252,946,2074
Notice of Im rovements Permit Denial
Owner. '
Property
E'
Property Size:_
10 Digit Parcel Number _&S._ff__ /844
r --
The Beaufort County Health Department, Environmental Health Division on !�
evaluated the above -referenced property at the site designated on the plat/site plan that
accompanied your improvementpermit application. According to your application the site is to
aPP
serve t;r!, ' < with a design wastewater flow of 3� gallons day. The
evaluation was done in accordance with the laws and rules govemi� ge x amr systems in
North Carolina General Statute 130A-333 including related statutes and Title 15A Subchapter &A, of the North Carolina Administrative Code, Rule.1900 and related rules. Based
on the criteria set out in Title 15A, Subchapter 18A, of the North Carolina Administrative Ce,od
Rules .1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground
absorption sewage system. Therefore, your request for an improvement permit is DENIED. A
copy of the site evaluation is enclosed. The site is unsuitable based on the following:
Unsuitable soil topography and/or landscape position (Rule .1940)
Unsuitable soil characteristics (structure or clay mineralogy) (Rule ,1941)
Unsuitable soil wetness condition (Rule .1942)
Unsuitable soil depth (Rule .1943)
Presenceof restrictive horizon (Rule .1944)
Insufficient space for septic system and repair area (Rule .1945)
_ X Unsuitable for meeting required setbacks (Rule .1950)
Other (Rule .1946)
r ame severe soil or site limitations could cause premature system failure, leading to the
discharge of untreated sewage on the ground surface,
water or inside your structure. into surface waters, directly to ground
The site evaluation included consideration of possible site modifications, and modified,
innovative or alternative systems. However, the Health Departrnent has determined that none of
the above options will overcome the severe conditions on this site. A possible option might be a
system designed to dispose of sewage to another area of suitable soil or off -site to additional
property.
For the reasons set out above, the property is currently classified UNSUITABLE, and no
improvement permit shall be issued for this site in accordance with Rule .1948(c),
However, the site cla.g6fi,.ri .c TTIVBinT lfi r

RECE"M
NOV 0 8 2912
4flyyD C!'fY
NOTIFICATION OF IMPROVEMENTS PERMIT DENIAL DC
North Carolina State Law (G.S. 130A-335) requires that prior to the denial of an Improvements Permit,
the local health department shall advise the applicant of possible site modifications or alternative system
technologies that may enable the health department to issue an Improvements Permit as per the
applicant's request.
At this time, the Beaufort Counn Health Department is unaware of any possible site modifications or
alternative technologies that evil[ legally allow an Improvements Permit for a ground absorption sewaac
disposal,system to be issued on the sitellot identified as follows•.
Name of
Address of7(1ZlEevf�
Lot size Site Di
LodSite/'Iract location (specific
A possible alternative might
C-
NO, 9r/C-sZY9z
Z- > f
L
The evaluation was done in accordance with the laws and rules governing wastewater systems in North
Carolina General Statute 130A-333 and related statutes and Title 15A, subchapter 18A, of the North
Carolina Administrative Code, Rule .1900 and related rules.
Based on the criteria set out in Title 15A, Subchapter 18A. of the North Carolina Administrative Code,
Rules. 1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground
absorption sewage system. Therefore, your request for an Improvements Permit is DENIED. A copy
of the site evaluation is enclosed. The site is unsuitable based on the following:
_ Unsuitable soil topography and/or landscape position (Rule .1940)
Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941)
_ Unsuitable soil wetness condition (Rulc .1912)
_ Unsuitable soil depth (Rule.] 943)
Presence of restrictive horizon (Rule .1944)
Insufficient space for septic system (Rule .1945)
__N,�'Unsuitable for meeting required setbacks (Rule. 1950)
Other(Ruk-i9 6) La -A A a.r C reeled ov-e the Ne �../
The severe soil or site limitations could cause premature system failure, leading to the discharge of
untreated sewage on the ground surface, in surface water, directly into ground water or inside your
structure.
The site evaluation included consideration of possible site modifications. and modified, innovative or
alternative systems. However, the Health Department has determined that none of the above options
will overcome the severe conditions on this site. For reasons set out above, the property is currently
classified UNSUITABLE, and an Improvements Permit shall not be issued for this site in accordance
with Rule .1948 (c).

p RECUVED
NOV 0 8 2012
LETTER OF I�1PR0VE�IENTS PERMIT DENIAL (CONTINUED) DCM-V—'qDCrry
You have a right to an informal review of this decision. S'ou may request an informal review by the
K.C. Department of En. ironmer.t and natural Resources regional soil specialist. A request far informal
review must be made in writing to the local health department.
You also have a right to a formal appeal of this decision. To pursue a formal appeal. you must file a
petition for a contested case hearing with the Office of Administrative Hearings. 6714 t lail Center,
Raleigh, NC 27699-6714. To get a copy of a petition form, y'ou may write the Office of Administrative
Hearings or call the office at [phone]. The petition for a contested case hearine must be filed in
accordance with the provision of north Carolina General Statutes 130A-24 and 1508.23 and all other
applicable provisions of Chapter 1508. K.C. General Statue 130A-335(g) provides that your hearing
would be held in the county where your property is located.
Please note: I f yrou wish to pursue a formal appeal, you must file the petition form with the office of
Administrative Hearings WITHIN 30 DAYS Of THE DATE Of THIS LETTER. The date of this
letter is 4 _ G� o Y . Meeting the 30 day deadline is critical to your right to a formal appeal.
Beginning a formal appeal within 30 days will not interfere with any informal review that you might
request. Do not wait for the outcome of any informal review if you wish to file a formal appeal.
If you file a petition for a contested case hearing with the Office of Administrative Hearings, you are
required by law (N.C. General Statute I50B-23) to send a copy of your petition to the north Carolina
Department of Environment and natural Resources. Send the copy- to: North Carolina Department of
Environment and natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Do NOT sf
send the copy of the petition to your local health department. Sending a copy of your petition to the
Local health department will NOT satisfy the legal requirements in N.C. General Statute 150E-23 that
you send a copy to the Office of General Counsel, NCDEKR.
If you have any questions or comments, you are encouraged to call or write the Environmental Health
Section of the local health department at (252) 946-6-6048.
Date Environmental Health Specialist
Beaufort County Environmental Health Section
220 north Market Street
Washington, NC 27889
[phone]

EFAOFORT COUNTY LAND R CgDS
M
184 Do1 Ott
aJ� land Record. Mklal Dab O�
FOR REGISTRGTIM REGISTER OF _EES
JENVIFE° LEGGE77 ITEKLRS-
BEAUu OR- .TY NC
I", DEC -;, 10:45:33 �M
BK iO PG:21-24 FEE a2;.00
NC REVENUE STAMP: 004. Pmft
INSTRUMENT # 2004009432
NOV p 8 2011
DcAf ,timcrY
----------------------[SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA] --------------
STATE OF NORTH CAROLINA Prepared By: HORNE & IIORNE, PLLC
COUNTY OF BEAUFORT Return To: GRANTEE
.. n�//e Ne Z7EScc
THIS DEED, made and entered into this the 18TH day of November, 2004, by and between JIMMY
W. CARTER and wife, CYNTHIA B. CARTER, of Pitt County, North Carolina, hereinafter called
GRANTOR; and JANE S. TYSON and husband, STEPHEN CRATG TYSON, of Pitt County, North
Carolina, hereinafter called GRANTEE;
WITNESSETH:
That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration to him in hand paid by Grantee, the receipt of which is hereby acknowledged, has given,
granted, bargained, sold and conveyed and by these presents does give, grant, bargain, sell and convey unto
the said Grantee, his heirs and assigns, in fee simple, the following described real property, to -wit:
Beginning at an existing iron pipe set in the southern right of way line of a soil road as shown in Map
Book 14, Page 68, Beaufort County Registry, said iron pipe forming the northern comer of Lot 4 and
the northeastern corner of Lot 3, the point of beginning; running thence from the point of beginning
along the boundary with now or formerly Thomas A. Bateman South 10 deg 18 min 23 sec West
141.98 feet to a point on a bulkhead on Duck Creek, a corner; thence along the bulkhead on Duck
Creek North 81 deg 47 min 43 sec West 49.80 feet to a point, a comer; thence along the boundary
line with now or formerly Frank H. Stancill Heirs North 10 deg 18 min 10 sec East 140.10 feet to
an existing iron pipe, a corner; thence South 83 deg 57 min 05 sec East 49.91 feet and along the right
of way line of the soil road to the point of beginning. Being Lot 3 on the aforesaid map, to which
reference is made, and being the same as shown on that "Map of Survey for Jimmy W. Carter and
wife, Cynthia B. Carter," dated May 9, 1996 by Jim Parker Surveying, and to those deeds of record
in Book 516, Page 504, and Book 987, Page 459 Beaufort County Registry.

--L-1d7:�0 Z 2
Beira_ t,`.c game lot a, des: ribed in that survev of record on Book 98'. Pa_ c —7 _r: des_' s
that deed of record in Book 987. Page 459. all of the Beaufort County Re,23R6mft
This conveyance is made subject to the following: NOV 0 8 2012
1. The right of way over and across the 20 ft. road shown on the map above reterrltd which
adjoins the above described lot on the North.
2. The right of way to use the canal which is situated adjacent to and North of said road and which
empties into Duck Creek.
3. The road and the canal shown on that map of record at Map Book 14, Page 68 are dedicated to the
exclusive use of the owners of lots sho,.Nn on said map.
TO HAVE AND TO HOLD the above described real property with all the rights, privileges and
appurtenances thereunto belonging or in anywise appertaining unto the said Grantee, his heirs and assigns.
in fee simple forever.
And the Grantor, for himself, his heirs and assigns, covenants with Grantee, his heirs and assigns.
that he is seized of said premises in fee and has the right to convey the same in fee simple; that the same is
free and clear from all encumbrances except easements and restrictions of record and 2004 ad valorem taxes
which are to be prorated between Grantor and Grantee at the time of closing, noncompliance with IocaL
county, state or federal governmental laws, ordinances, or regulations relative to zoning, subdivision.
occupancy, use, construction or the development of the subject property, if any, and that he will warrant and
defend the title to the same against the lgmfrl claims of all persons whomsoever.
When reference is made to the Grantor or Grantee, the singular shall include the plural and an%
reference to gender shall include masculine, feminine and neuter.
IN WITNESS WHEREOF, Grantor has adopted the word "SEAL" as his seal and has hereunto set
his hand and seal on this the day and year first above written.

BHCEMD
NOV 0 8 2012
This image of Duck Creek was taken from Google Earth on 12/31/2011.
The red line represents the "current navigational channel/pattern".
The ."'11 green lines represent what the new proposed navigation channel maybe.
If the new channel does open up behind three 100 foot piers, those traveling from the Pamlico River are
going to "attempt" to come straight into the mouth of Duck Creek. Blue Line would represent boaters
unfamiliar with the waters attempted to come up using the piers as a visual. The likelihood of running
aground is favorable.
We believe navigational aids will be needed to mark safe navigable channel.

Additional Concerns
ReMMD
NOV 0 S 2012
D1-gym 0W

'IVBl1
This image of Duck Creek was taken from Google Earth on 12/31/2011. The Star indicates the
property of Mr. Floyd Foster. • Pat and Craig Tyson • Wayne Waters • Thomas Carr
~� Represents the current navigational channel.
1 Represents the water outside of the 100 feet. We do not believe as Mr. Foster does, that
this depth is 8 feet.
� Represents the proposed three (3) 100 foot piers for commercial use. (Not to scale). This
proposed construction would have a negative impact on the navigational channel.
QRepresents the proposed placement of the breakwater. We contest that the addition of a
breakwater in that location could promote a "fill in "effect on the curve of the navigational channel.
Sediment deposition could occur. As you can see, it is already a narrow opening.
The .40=1* illustrates the existing canal. There are frequent episodes of stagnant water in this
canal. It is our belief that the piers, along with a breakwater would affect current flow of water.
Concerns are increased insect population and poor air quality.
This represents the most shallow area where boats unfamiliar with the channel run aground.
This happens frequently during high boating season.

This image of Duck Creek was taken from Google Earth on 12/31/2011. The Star indicates the
property of Mr. Floyd Foster. • Pat and Craig Tyson • Wayne Waters • Thomas Carr
This oval shape indicates the current recreational swim area. As you can see there is already
limited space between the shore line and the channel for swimmers. Permitting commercial boat
traffic in this area has the residents of Duck Creek greatly concerned about safety.
Numerous small boats enjoy Duck Creek. On the weekends, it is not unusual to see father
XLand son teams fishing. Kayaks, canoes and personal water crafts utilize Duck Creek for wildlife
and nature viewing. Safety would bean issue.

REcreD
NOV 082012
This image of Duck Creek was taken from Google Earth on 12/31/2011.
This road, this neighborhood does not have the infrastructure to support a commercial venture.
. Represents the properties on each side of Pat and Craig Tyson. Both pieces of property have been
put on the market to sell. Each time an offer to purchase has been made by the Tysons. And each time
the sale did not go through because the land would not meet the standards set for a septic permit.
Are the regulations different for commercial use?
This shape represents the "private road" shared by, CARR, STANCIL, TYSON, and
FOSTER. The county nor the state subsidizes this road. The road is gravel and approximately 30 feet
wide. This road cannot physically sustain heavy traffic. Nor do the residents of Duck Creek want the
increased traffic. (Mr. Foster's plan proposes a 20 foot wide road on his property.)
This shape represents the current "legally" shared ( through "deeded access") boat ramp. The ramp
is not designed for frequent or heavy use. The piers would adversely impact on our ability to launch and
navigate boats. Sailboats specifically. Already, with the shallow waters you need to stick to the current
channel to avoid running aground. We are not professional sailors, we need the time and space to
continue to use our legally deeded access ramp.

f+ P
NOV 0 8 2012
This image of Duck Creek was taken from Google Earth on 12/31/2011.
The red line represents the "current navigational channel/pattern".
The ""11 green lines represent what the new proposed navigation channel maybe.
If the new channel does open up behind three 100 foot piers, those traveling from the Pamlico River are
going to "attempt' to come straight into the mouth of Duck Creek. Blue Line would represent boaters
unfamiliar with the waters attempted to come up using the piers as a visual. The likelihood of running
aground is favorable.
We believe navigational aids will be needed to mark safe navigable channel.

*L IMCErVED
NOV 0 8 2012
bmp�MDC,r,
.­­-.-...­-----er r es t'.'F&YdTias tet - - - - -
�)qln Loap
�Orre 70
5-ewt ;2v/
art 77V-50
et#lq app lyl'...'iy
mo
To no flA. vo� u 0 � v. ro
voseeive yeu
j­ 4evelp I me er.1,
hem P f-euiec+
tj a ri',I�v 7 a
ro'..-tA I's - ginci 0.5
TA a. m n - J rj'Ay To Do I rvt
Aga -cobblen't LVA'10.3
ov -U);flbe ­ -. -­.
-1,7 A�s

t r f
SVM 6 Watev Deptd�
t�r�
m
r
N
1)
„ a
SL
�' 41
i
mm
K
SCa o- one i`AcA yo ft 4° RECERM
OD ��NOV082012 wok
c'reS>wieu) e�
Gulhbea
$oard WC4 Mil,
Rhcl o Y*s 4
P lee nqs
8'
i
zQ; 9a
by
�j
Y
N
Ptope+y of
=a,
w
Eta est'F/oyd Fosteb
F�
Belhavpiy N,c, 2788
�
v
J
.VC
�n
d T
�wi
�
O �
L`
<-- ,-g pr_--*_ I -;.I �
property of -A
(9weXfoil d-a11eyso
i[o n
GrecnVil) e, N,C �� 9 9-8
PfvsS vie IV 0
rerS /✓ot To
Scale
UJD 3
yUD�
wo

AECMM
L„ NOV 0 S 2012
DCMMMCPIy
creek _ I
s ..,
11-roc-1112 p a Pm,r
tea+..
a, t? ihL
M+rr'bg P4 FAX No.
COY

Vjf�� RRCC QLA uJ p( �' �� µ�y��yy �,p yy ^�^� c{y{�1 .y.%gaynyr.:N� .1¢J �w•.s-� r+�r7edy
RE ar•gea+� N .......�.. l YV'1.m a W""'° p �y...'•'Mf0 g M^'-M'.m^. ��y��:.-Y��»yvamr .-WA(9p I
Aq
ONE] IOA-i 'A�HS a iX''-ar''m`d:99 R..x4 «.w=`v �reiaM lez s+d ��--�.• Ryi•�1-R:. St °"'w 's�
vee �Nl� � 0,/v
-x-g.at � 4r.� <,...1 oa..�9 v ..ds..9 ,.,.y" m' 1 µ..AN' 1 x.�-� w.�ei �1
Sb�i�am4 asnvy
i � �� St ss� am 5a! , 6u' s,'zX2 �;v,�,��:.:.,•�`�t...::�.>.n.-=..t�.�+.-a
-tj"ALJOrj ! A
a*, s �_i �{� w--�:,7 exr9ie �¢: b� `� ew �,-.,---.m, <.•--..,.."""a '®
Eel x -o)V8 f 49051
{/.
�. f� �' 4»� �`iF+.4m AS�(%rm-'.:pF9( �....�: � � v-> W� ✓o:.:J,.�t .5
,�,.....�yy.:re54 �.r,R••-i-� d® uw� t�A� .w-:ro1 s:*�:....:...�>� e
akg 1 a,,,u ON u,,-w 'P,'
ZIOZ 8 0 AON
W-wd r l�

r RECErM
NOV 0 8 2012
ffP' Itl16d
=c.�ndrnp �••>a,:.il,�",',"7R.�l'S �"1999SFU
Pei" ! Daautor1 '.-c^ mi Y ..
I
C
..
G C+M".
1
of r;wul'....�...°�3 andwh-- 1R I&¢o xcr9 a File , FI Is u ` 9
p:ie:R9s A&COA
p-,n ^..,�-si - ^"F�3aa i:.. .". — iers Qu1Kh'WdS uL'GI� ♦•Srrar waw
3 _100 "x�iv;�r �'��s; ITY "0i,s/ewBulkhead �° W�r-w«fdapexz�st��
18utKhead; grewk,Wcf er under VA4-Pie,r /001 in l.enth
4,ftW;j r-Tjlj%�Walk on land11,djaCewx-bulkhead
+ 3.0140 sq • Ft,
1 1
-- ---
1. '^`-'.rv.'i kd' 4odYG'-n7r 1:{+O€I "'"."' :r

caaAra woks_ a RECEIVED
P^ �@ �C�� � 4}
NOV 0 g 2012
p� }� r"Mo/qa
b.Gi a�y :av aYr S. ydk�&.Y�w ak6�4 "�. i3p � e4 .• d a°�+MS.n�� C�eiri�.:,.VViW p p��. may, -. tl - _
d. A
n., �cn,.,,� ...sn« 4+.s_-... ......, .,..r�.
a. A z� tt K �^ 9' !Q� `"l�F A4FaA�tan7P��d �M� t5
r-�--v.,y w�a r��+•rad a raais'd0ia e:� : •:,ae ,�dt �k: Esq •"•°+A �. l Haaw^•»q.w.F4 Bx� r—•u-�-
ram- ane tePhen c'rYS0K—
"mffi79Yprd fcfne: GreentlellP r�4..28f ��
Ale- 1?88q
a� a'Q'n"^"�OIPd E"'i® 6P">.,.,� ,...,.� :.. � ......c,a �.,.... e.g er...... �-...., r. n � ., A•"_ t...,..>a.o �.., .._ r*.x"TFr'.^.H.", O•'•1 M+»'". F9 Gam`:":".
rr'gm-
1
The Ott -41 Wg Out l'-4 Fr..a 1 v
4a67 P '-'!� $Pb °`'v �`"' ,fib_"3 r,PO�' s .�°°-4�;
•'" Bra 9Yg FYFtfo:.`"!9fd !rt' �4g aa�3 p..a_,...." '-a ,�,^
cm jt��
0gua a'yfti 4dA W� i r pmww(,k!wtfiws€r dt�"T.�wiaA "iAin"btaft Ir •,.�,..,,
0'
CIDCAA VRN2
---sae W--4 ma~

NOV 0 8 2012
t nt ICU MP
�Gc�Qu,a4aanr..-°:G«rrre .a�e�/r^ ka�� �ns�aeu�time� m�;�voi;�-' �A
Aftch this form to joint ApplimbOZI for C.'%%IA Ma or Permit. Fcr:o DCrr, MP-t. 6e sure fu complete- an other seeitans o' the Joi-t
t,,rnlication that relate to this proposed project Please include all supple -rental infarmgtion.
a. Type and number of buddkgs, f alifles, unds or struCbrres
q'opos".
on-e 8 ;f W_Ie 6-madualk
± o-F-t r
c. Demriy (9tve the Marta of rasidentfal unas and Me u-"s per
s. if rho F.'op`rs"-' w�?-,d e"'a deb rr^re 11 n or- acs'u ill land, iY�e
d LaM R aunts must tecSi an em-' Tti
a iirswl�C Ja xor�ra�l nLgn ai last 30 days b"-re ka�iS�.ab±rg
a*Aty h"jrn-
G) if nparaw.,, 1-` y a s-Iir"°d� m- and vDai n ranbd PI-n bd"
UM , -W to ther.yD'e�.vislon of 1- nd Fie ercas'
Mj If yam. FA Iha daft sobn'"ed-
S- G�I the
f_, of the ra�A va"``,�., the m -*V sta g AEC to
L!e r,e"^•S r-. it -,,. Vimr- Md&x butlt-ut^'+=rbM"% sCCh w+
pavarren'L bld¢na rorfamc, rr to be ussd for ve vctaff dtia-^ya
or pse-wq.
1. Cvl'-^^ M9 p"""dr#r of the fuJire'rr'aG2 eli be Wve^d byIrnp6Pv'+15
wWor buflk n surfaces. SlIch gg PeHeirta`g, butldrNJ. r^^Gops.
or to be u:^xa6 for
j_ D,=nbe proposed rr 4hod of s^"eos r ivo"-I.
�� 'Dhg_�r�9�C=
b. Number of lots or parcel,.
d. Size et area IG ba 9r-ded, filled, ar diSWe d indUdkg roads.
t. L'I j ilea -;�sr: (such sir r"'-'A. ravw r? -". septet rx Ccs'+-"'"'°�3
to be u�-^d f`-knr'rvbws sur,-�.
h. l'm`-"ems Uat m a CAPA4 M.F•+K Da Pemil (rvM Nso
r-=�a a 3tr"^w'sQ*" Gaid4''-r�tlon.
0) tma a , dW fopm� pi+ Fwan a n d to a D1v1^ 2
Yy r0wova-rsvl--?
OYM (3fr70
(1) !f Yes. list !t!e da! subWM" t
k. Have'"=_ f s'fP"S f-srL.a1 ke pa- (1)'^'a'iyed st-ilr+or Beal
appa sal'
rjy-.- [mc !;,tww,
li yea, aiYa^h aptxoprraO
Me proo- 1rd pr^-IL inWu41 an inn^•,atree s! �a
sb" (e.9.. slpfaCe rurwei', sa�:3ry vtaatemabar, Indus , k ❑,!^„ �o []"a
commercial a .U-- .', ,h dotes and r^49e"".y d{iw^ t9g>f
SL4 r c e r u n o7^1' K Yes, a'f-jcth ap;wv rf-"a decsff "'*t Irz

m. Descdbe proposed drin" water supply source (e.g.. -sN.
community, public system, etc-)
o. When vary iha :o¢(s1 plaYxsd aa:7 ramrt^9?
n. ( WWill water be impounded? ❑Yes *!0 ❑NA
611 !1 yes: hcW M?nv axes?
p. h p,opc�eC ds-•�"'nen4ls a subd'rrisscst, wi4 ad�'"!ar'al urllFes txa
install^d for Uds upland develop r?
❑Yes ❑No 51A
RECEam
NOV 0 S 2012
DCM.MHD Cam,
?.;:h:€.:: ..-,r,�..i%C .i:3� nweu,._'�2_; ae:'±:.tteua.-•x�rr.' .9`�eo•:e.:.

q �CEIVED
NOV 0 8 2012
v3 RUCIVRES
a ._�e awx,Mun� _` ,. a µ r-) DCM-MHD CITY
Atjaofi ihis fom l to .faint ApptiWkM for CAMA Major Permit, Porte DC" MO-f . Pam- sureio cnmpi-"e ail w -' CbMs _` th3 Joint
A ptice-i beat r4ate tv this prnpcsed rArjsd_ P'^E-.s ineiude sH vrplernenta! infor-w6m.
OThis: --*w natappkamh
<. E7 13 the d. fatilifyManna: b. a7 VYiR ttw_ 4a+»:,:•, M^ ep^- to Cre rrTrai pubdc7
v8er--r_r.S ❑PubiL-JC`Sovarerrx�amt [I�`r"rraCdU'.vrnnan�cp i$�es ',_'!1�h,
a. (f) Jr eW41 and'or P�"(s)
d. ¢} Fns!rs Pry, irdsd= Over Ot*&0
(it)Fitfflb&f 3
!iy-':
(ih) LGPIG"`: ���.'
(1) Nun'
-w) av!'+trt S r/
01) Le"C "I
(v) Hosting uv¢3 QNo
!v) FkM i Ely, ONO
e. Gi tars !%i€�^."c•"rs insiocZadS' O'°- O
f. {} Are &axt''c; irrrdud�97 Oves OW
tF `"
qa) i s
EE) V''" h
(v) F:i'beg Dyes OW
Afo?a: Rr^f+d aMMI w — C99eui-`.-9 ik= dyiPfjsn:
g. (i; hfumber of sfeaa prunatxw9
h. Chcdc ad the tv---s of Totyirsy to h^ providM.
O Futl rah-^, erckAw " ,-1 IR andfcr rail, eeyrF c,
fh?r&umi—r cf r`n" "
Or Dac'•^c^, A•^l, v-, marine suppd�^,
�_....
yJ 60(,+r.., E'i..'".". gl--') only, numt-y of rw:.�...,._
❑ Dry eta, -. namh^r of boate: _,_._
O E+^-A r.._- #r ), menbacr of --a r J
!. Ctwck the Wc-c� TyK of :•"r-g:
O Lar cut 2^9 arc--, c#p-" s-4
O4pen water; dr'aing for ba€.an --�fbr cha"MM
OOPM a.-'7'r no "^teeing rexaar-wry
Omer, Fwass descalbe:
m. (i) Wdl the fwAly have tie pifinP?
O�-- Q�
(i) If yes member of tie pdkM
i. i2h-trxir7e llsw ":-i�sl baei, to be ser+-^9 {o.g., fir; run:,bouL
drziW t7o�a• cad tv*�S• mMd woes):
I. {q 4"-" Rre .<r='"v be open to the reward Rnbf r;?
Oye.' O> .
.:... .v.: `fIRN .. v ,.Sba�. P!'•:R.� a ...r.....e
._........... „,._._rasa:

RECEMED
Nov 0 8 2012
- .SHORELINE STAL2ILIZATION . DCIy.MBDOR7hi s section not applicable
-(IP devalopmenf is a Wood gida use M10-4 - Structures)
a. Type of slwreNM _tabiPzaaon: Is. LWIVI:
XlAhead ❑P.if-, qi 8reahwated5@l ❑9ther. _ WiR1 r
c. Average distance watenvafd of Nr'W or NWL: d. Maximum durance watonwrdof NHW or NWL:
a. Type of stabilization material;
g. Number of square feel of fill'to be placed below water level.
Sulkhead backNl,Riprap
SreakwrateriSiil _ other _
1. source of no material.
4. 0THEP FILL ACTIt°IT'IES
(Exdudtrg Sho. eiln.s Vahiilzation!
a. (i) Will fie material be brought to the site? '_]Yes DNo
If yes.
(If) Amount of m: ilerfal to be placed -in me water
(it[) Dimensions of fill area
(Iv) Purpose of fill
GENERAL
a.
or
on site and
controlled?
c. (i) Will navigational ads be required as a r" ,,uk of tP- prd ncl?
❑Y _. VNo ❑NA
(ii) if yes. explain what type and tow they will be implemented.
f. (1) Has there been shoreline erosion during preceding 12
months?
[]Yes 5?';o '1NA
(1) It yes, state amount of erosion and source of erosion amount
information.
h. Typo of fill materf�.
,gThis section not applicable
(i) Wig fie matenal be plat-• in eri1al wtls^'s/r ^f^1 (GW).
z*m^-gad aga0c vegetation (SAY). shell Whom (SS), or
o".r � "ands (1NL)? If any boxes are ah-cKed, provide t[?a
numbs: Gf square f-il, affected.
❑cW ❑SAV
OWL 17-"'.,inc
(ii),oescribe the purpose of the rill in these areas:
Nhal tyr- of constmetion egUt-_-1l will be used (e.g.. dranline,
barl,hos, or hydraulic drn`?dl?
lt)(fec ,punip _
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes 'f_"Jo 7NA
(ii) If yes. a-wiafn steps the, wiii bu takaet to avoid or rnioimize
envkr7m`af Im^acts.
uate Sep?',- opolicanl Name
Project Name UNG.�� �/ F�P(� Applicant Signatur: fx�t.•rY-L '-+

Preliminary Response to:
David Moye, District Manager
Division of Coastal Management RECEIVED
Washington, North Carolina
NOV 0 8 2012
RE:
DCM-MAD CITY
Ernest Floyd Foster's
CAMA Major Permit Application
For a
Commercial Crab Trade Operation
70 Captain Tom
Washington, North Carolina
Pat and Craig Tyson
1946 Wexford Lane
Greenville, NC 27858

REMWW
NOV 0 8 2012
DMM1DCnPy
- - ErnesfFloyd-re rek, _
.. _.______�3�FiQ_.,,_zo ._
Ta; Rim tsi-phen--Tyson
-----
d�Ay`'e
_ S ee�f a 4, a o 1 dZ
171t.�. itiirs. Tyso n
F, Floyd Fosk;, ani applyley fora
- Ml __i�tc jo _Per ra_ikW, P,e-rs,t�z�IKc y
bulkhead e7�<._ 1 .`_aCe-f_te-yourpeopedyy _
7-Aa Spec'p,`c s of rh e- propasedJP-Po e_c.
Qre_; n 7Jie _appG'�t�on.�ot,frls.Qh_9 drocra,a�ys
a+n requ;red Ta avfi j.yyo.0 of the pro-
posed. devrloement i it order.tagive you
%fie oppeda .7y %Cvn,jw00'0 on 7-he ptojez+
ti�rld _yo u_h v _cony obJecfaahs_r,_r_ Cots_
me -)ifs To -t�;s_ p_rvpesa/. You_maysencd _ _-
Tl►en�
D;(I Sloh.of Coasto I Mou lemewt
9 Y 3 1A)aA, nybh 5gWte /he'll
WAS ho )tj 7891
-----1"P�' .aaT v�'71i,'.�.l;Cu�;`o/r �vllbeCahS�d�►'ed _.
_._as A16 C9bjee-bdn

RECEIVn
NOV 0 8 2012
This image of Duck Creek was taken from Google Earth on 12/31/2011. The Star indicates the
property of Mr. Floyd Foster. • Pat and Craig Tyson • Wayne Waters • Thomas Carr
~♦ Represents the current navigational channel.
Represents the proposed three (3) 100 foot piers for commercial use. (Not to scale). This
proposed construction would have a negative impact on the navigational channel.
Represents the proposed placement of the breakwater. We contest that the addition of a
breakwater in that location could promote a "fill in "effect on the curve of the navigational channel.
Sediment deposition could occur. As you can see, it is already a narrow opening.
The 40=4* illustrates the existing canal. There are frequent episodes of stagnant water in this
canal. It is our belief that the piers, along with a breakwater would affect current flow of water.
Concerns are increased insect population and poor air quality.
This represents the most shallow area where boats unfamiliar with the channel run aground.
This happens frequently during high boating season.

teA 9 f Scale
F�one inch �'�off
uJ 0 �, 34t
SYtnbo �-= u�A.
A
3�
W
-t-- ----
--
to
_
v
�
G'r�e5�✓igtJ ei
t�tian±�ee.�
gaar d ww.
-
.os
-
Eb
t
i
N
Nov 0 S 2ot2
Q L 3
DCM.MHDCJTY P!
AotopQvi-y .0IP
e o H
n
.r.�s n es t F/O.Y' Fo S
�3eihavP�y MC. 2-7i9
av[
�m3
P ptoperty o r
,rare p-Sfop'e mC .eysoh
Aor,4 7-el
j
Piers /V6t To
$ ja 3
s

This image of Duck Creek was taken from Google Earth on 12/31/2011.
This road, this neighborhood does not have the infrastructure to support a commercial venture.
ARepresents the properties on each side of Pat and Craig Tyson. Both pieces of property have been
put on the market to sell. Each time an offer to purchase has been made by the Tysons. And each time
the sale did not go through because the land would not meet the standards set for a septic permit.
Are the regulations different for commercial use?
�+ This shape represents the "private road" shared by, CARR, STANCIL, TYSON, and
FOSTER. The county nor the state subsidizes this road. The road is gravel and approximately 10 feet
wide. This road cannot physically sustain heavy traffic. Nor do the residents of Duck Creek want the
increased traffic. ( Mr. Foster's plan proposes o 20 foot wide road on his property.)
This shape represents the current "legally" shared ( through "deeded access') boat ramp. The ramp
is not designed for frequent or heavy use. The piers would adversely impact on our ability to launch and
navigate boats. Sailboats specifically. Already, with the shallow waters you need to stick to the current
channel to avoid running aground. We are not professional sailors, we need the time and space to
continue to use our legally deeded access ramp.

J> EMVE°
BEAUFORT COUNTY HEALTH'
DEPARTMENT
NOV082012
Environmental Health Section r"t.VyDCrjy
220 North Market street
wA5HTNSTON W 27889 TFITPtONE- 252.946.6048
FIX: 252.946.2074
Notice of Improvements Pcrmit Denial
Owner A'k �-
Property
Property Size: J;-- 90 ac
10 Digit Parcel Number 6�, jam_- Sy-- Im
The Beaufort County Health Department, Environmental Health Division on l .-
evaluated the above -referenced property at the site designated on the plat/site plan that
accompanied Your improvement permit application. According to your application the site is to
serve a-. AeuSG with a design wastewater flow of .��
evaluation was done in accordance with the laws and rules governing gallons
per
in
North Carolina General Statute 13OA-333 including related statutes and Title 15A,
Subehapterl8A, of the North Carolina Administrative Code, Rule.1900 and related rules. Based
on the criteria set out in Title 15A, Subchapter 18A, of the North Carolina Administrative Code,
Rules .1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground
absorption sewage system- Therefore, your request for an improvement permit is DENIED. A
copy of the site evaluation is enclosed. The site is unsuitable based on the following:
Unsuitable soil topography and/or landscape position (Rule .1940)
Unsuitable soil characteristics (structure or clay mineralogy) (Rule .I941)
Unsuitable soil wetness condition (Rule .1942)
Unsuitable soil depth (Rule .1943)
Presence of restrictive horizon (Rule .1944)
Insufficient space for septic system and repair area (Rule .1945)
Unsuitable for meeting required setbacks (Rule .1950)
Other (Rule .1946)
.— xY= sou or site umrtauons could cause premature system failure, leading to the
discharge of untreated sewage on the ground surface, into surface waters, directly to ground
water or inside your structure.
The site evaluation included consideration of possible site modifications, and modified,
innovative or alternative systems. However, the Health Department has determined that none of
the above options will overcome the severe conditions on this site. A possible option might be a
system designed to dispose of sewage to another area of suitable soil or off -site to additional
property.
For the reasons set out above, the property is currently classified UNSUITABLE, and no
improvement permit shall be issued for this site in accordance with Rule .1948(c).
However, the site claccifi...t 1naer trm. n.

MMWED
NOV 08 2012
NOTIFICATIO\ OF I.NIPR0VEliEi\'TS PERMIT DENI.4-., r,r,,w_R,,jDCt1S,
Borth Carolina State Lass (G.S. I30A-335) requires that prior to the denial of an Improvements Permit,
the local health department shall advise the applicant of possible site modifications or alternative system
technologies that may enable the health department to issue an Improvements Permit as per the
applicant's request.
At this time, the Beaufort County- Health Department is unaware of any possible site modifications or
alternative technologies that will legally allow an Improvements Permit for a ground absorption sessagc
disposal.system to be issued on the site/lot identified as follosws:
Name
C-
No. i !KC - s 3 9 4
Lot size Site Dimensions Se ' e, 7z. d' ts'CPI\' L S3' Oa'77
LoctSite/Tract location (specific directions) Owe lc e. c..le L_: 4- # 'f
A possible alternative might
The evaluation was done in accordance with the laws and rules governing wastewater systems in North
Carolina General Statute 130A-333 and related statutes and Title 15A, subchapter 18A, of the North
Carolina Administrative Code, Rule .1900 and related rules.
Based on the criteria set out in Title 15A, Subchapter 18A. of the forth Carolina Administrative Code,
Rules .1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground
absorption sewage system. Therefore, your request for an Improvements Permit is DENIED. A copy
of the site evaluation is enclosed. The site is unsuitable based on the following:
_ Unsuitable soil topography and/or landscape position (Rule .1940)
Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941)
Unsuitable soil wetness condition (Rule .1942)
Unsuitable soil depth (Rule .1943)
Presence of restrictive horizon (Rule.1944)
Insufficient space for septic system (Rule .1945)
—3efUnsuitab'l'e� for
(�meeting required setbac s (Rule .1950)
Other (Ruk-ra44) L- 4 A �J C -'yC*est
The severe soil or site limitations could cause premature system failure, leading to the discharge of
untreated sewage on the around surface, in surface waters, directly into ground slater or inside your
structure.
The site evaluation included consideration of possible site modifications, and modified, innovative or
alternative systems. However, the Health Department has determined that none of the above options
will overcome the severe conditions on this site. For reasons set out above, the property is currently
classified UNSUITABLE, and an Improvements Permit shall not be issued for this site in accordance
with Rule .1948 (c).

LETTER OF INIPROVE',IENTS PER'N11T DENIAL (CONTINUED)
You have a right to an informal revie%v of this decision. You may request an informal review by' the
N.C. Department of Environmert and Natural Resources regional soil specialist. A request for informal
review must be made in. citing to the Ixal health department.
You also have a right t0 a formal appeal of this decision. To pursue a formal appeal, you must file a
petition for a contested case hearing %tith the Office of Administrative Hearings. 6714 Dtail Center,
Raleigh, NC 27699-6714. To get a copy of a petition form, you may rite the Office of Administrative
Hearings or call the office at [phone]. The petition for a contested case hearing must be filed in
accordance with the provision of Noah Carolina General Statutes 13OA-24 and 150B ? 3 and all ocher
applicable provisions of Chapter I SOB. N.C. General Statue 130.A-335(g) provides that your hear in.
would be held in the county where your property is located.
Please note: If you wish to pursue a formal appeal, you must file the petition form with the Office of
Administrative Hearings WITHIN 30 DAYS Or THE DATE OF THIS LETTER. The date of this
letter is 7 — G- c i - Meeting the 30 day deadline is critical to your right to a formal appeal.
Beginning a formal appeal within 30 days will not interfere with any informal review that you might
request. Do not wait for the outcome of any informal review if you wish to file a formal appeal.
ifyou file a petition for a contested case hearing with the Office of Administrative Hearings, you are
required by lave (N.C. General Statute 150E-23) to send a copy of your petition to the worth Carolina
Department of Environment and Natural Resources. Send the copy to: North Carolina Department of
Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Do NOT
send the copy of the petition to your local health department. Sending a copy of your petition to the
local health department will NOT satisfy' the legal requirements in N.C. General Statute I SOB-23 that
you send a copy to the Office of General Counsel, NCDENR.
If you have any questions or comments, you are encouraged to call or ~~rite the Environmental Health
Section of the local health department at [phone].
Dare Em�ironmertal Health Specialist
Beaufort County Environmental Health Section:. RECEIVED
220 North Market Street
Washington,NC 27889 ImB&NIND
OV 0 6 '/vi?
[phone]
CITY

IMPROVEMENT PERMIT
Beaufort County Health Department
Environmental Health Section
= 220 North Market SL
Washington NC 27889
Phone: [phone] Fax: [phone]
E
Office Use Only Page t of 2 ,
31281-1
NEW
PERMIT VALID UNTIL: 0 7/ a 8/ a 0 1 6
'NOTE TO INSPECTIONS DIVISION: Building Permits cannot be issued with only an Improvement Pemtit. UFill Sheet QCA?
Applicant: Mike Bateman Property, Owner Mike Bateman RECEIVED
Address: 4959 River Road Address: 4959 River Road
City: Washington City: Washington
State/Zip: NC 27889 State/Zip: NC 27889
Phone it [phone] Phone #: [phone]
Address Duck Creek Rd Property Location & Site Information
Road# Washington NC 27889 Subdivision. Phase: Lot:
Township: Directions
Structure: SINGLE FAMILY Duck Creek Rd. Take right onto Duck Creek Rd, off of Camp Leach
Rd. When state maint. ends, turn left, its the last house on right.
# of Bedrooms: 3
# of People: 8
'Water Supply: PUBLIC
Initial System System Specifications
"Site Classification: PS Drip
Saprolile System? Q Yes ®No Minimum Trench Depth: 1 Inches
Design Flow. . 3 . 6 _ 0 . Maximum Trench Depth: 1 Inches
Soil Group:
Fill Depth: 6 Inches
Soil Application Rate: u _ 4 _ 5 _ _ Septic Tank: 1 0 0 0 Gallons
`System ClassifiCation/DescrlptlOn: Pump Required: ®Yes Q No O May Be Required
TYPE V A. SAND FILTER PRETREATMENT
Pump Tank: 1 0 0 0 Gallons
'Proposed System: OTHER
Repair System Required: DYes ®No O No, but has Available Space
Repair System
`Site Classification: Minimum Trench Depth: Inches
Soil Application Rate: Maximum Trench Depth: Inches
"System Classification/Description: Fill Depth: Inches
Pump Required: QYes O No Q May be Required
'Proposed System: Purnp rank: Gallons
No grading or construction activity Is allowed in areas designated for system and repair without approval of Health Department.
Eastern line of pylons must be carefully removed so as not to disturb the soil. Disturbance of soil can alter suitability
'Site Modifications of the soil. Voids created by removal of pylons shall be filled with approved Group 1 fill material.
The issuanceof this permit by the Health Department In noway guarantees the issuance of other permits. The permit holder
is responsible for checking with appropriate goveming bodies in meeting their requirements.
*Permit Conditions American Perc-Rite Subsurface Drip System, Anaerobic
Authorization to Construct will be issued upon approval of submitted plans and specs by liscensed system designer
Lot exempt from repair area per Rule 15A NCAC 18A .1945
The Department and Local Health Department may impose conditions on the issuance and may revoke the permits for failure of the system to
satisfy the conditions, the rules, or this article. This permit Is sub)acl to revocation if the site plan, plat, or Intended use changes (NCGS 13OA-335
(f)). The person owning or controlling the system shall he responsible for assuring compliance with the laws, rules, and permit conditions
regarding system location, installation, operation, maint rant moq�i(#ryrg9,4epo 'ng, and repair (.1938(b)).
`Authorized State Agent 2o18-Hager, Matthew ////////�r//llrrllll�� 12Date of Issue: 0 7 / a s / 2.0 1 1
O Hand Drawing Q Import Dravang "Si Plan/Drawing attached.'" Total Ttme:(HH:MM)
0 . Hours. Minutes

Wastewater System
PIN 0700032- 5,
Beaurort
Plan for Mike
6, & 7, Duck
County, NC
Canal
Bateman
Creek
RECEIVED
Nov 0 8 2012
DOM-WiD CITY
Prlmory System: Perc-Rite Anareobic Drip Dispersat
Type+ Shaltow Ptaced Q' Depth)
Design Flow. 360 GPD
Long Term Acceptance Rate:.45GPD/SO FT
Ltneor Feet of Drainfietd: 800CTwo Zones Red S Grf
0 40'
SCALE; i "= 40'
Aston Soil Works, Inc.
2858 Madison Grove
Greenville, NC 27858
Note: Map generated using sub meter GPS.
Property boundary as indicated by owner. --_-.

This image of Duck Creek was taken from Google Earth on 12/31/2011. The Star indicates the
property of Mr. Floyd Foster. • Pat and Craig Tyson • Wayne Waters • Thomas Carr
This oval shape indicates the current recreational swim area. As you can see there is already
limited space between the shore line and the channel for swimmers. Permitting commercial boat
traffic in this area has the residents of Duck Creek greatly concerned about safety.
+� Numerous small boats enjoy Duck Creek. On the weekends, it is not unusual to see father
and son teams fishing. Kayaks, canoes and personal water crafts utilize Duck Creek for wildlife
and nature viewing. Safety would bean issue.
INREVIVED
ov 0 8 2012
DCM•MHDCIRy

r 2 3NoZ o�Z

�cIIc,I+a
L
AJ� :7;�-
PO
Nn�j 0 S 201Z
DCM-MHD
\jJ 34 0 1 S (A��
q

Y MOUNT NC 27B
OCT 2012 PM Y T .►�'��� , �-�
FO
iastal Management
riot Manager
Square Mall
th Carolina 27889
it I I,,III „I, I„I, I I I,,, fill, I d I I ill I I I I, IIII, I„ll„11„1

q
CDR
North Carolina Department of Environment and Natural Resources
Division of Coastal Managerent
Pat McCrory
Governor
Pat and Stephen Tyson
1946 Wexford Lane
Greenville, NC 27858
Dear Mr. and Mrs. Tyson:
Braxton C. Davis John E. Skvarla, III
Director Secretary
January 16, 2013
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

'`act �e NO%) 2v1].
30 October 2012
RECEIVED
David Moye, District Manager NOV O 8 2012
943 Washington Square Mall
Washington, NC 27889
ACM -MAD CITE'
ENCL (1): Mr. Foster's Water Depth Chart (his WD in Black) (My Water Depth Measurements in RED)
ENCL (2): NOAA Nautical charts for Duck Creek with measurements
Mr. Moye,
I used an electronic depth sounding device painting the creek floor bed this past Friday, 26 October 2012
in addition to a measuring pole. The water level was approximately one foot above normal due to the
advancing storm (Sandy) and tides. I have marked my findings in red trying to match Mr. Fosters
renderings. At no time did I ever see more than 4 feet within, nor outside of the channel.
Please include this information with the package Pat Tyson delivered to your office last week.
Semper Fidelis,
Stephen Crai yson
1946 Wexford Lane
Greenville, North Carolina 27858

wN) 1`
W,9p
ie1 RAAt
) Pi f
<yt,bo# =w�.
w4-rey
,0
mv—
M
s
.Q
HD
S C61ad
2 one � n
W� a
C-4-&55 is i e
G iIJK�Ie
s9ard wat
r;'ne, xt�5
�s
- -
i!'Op2Yi-�/ OT
°-Fnesi'�loy�rsea+
�
A3e:nave-A� AIX, 2.788t
OV
-
-aa-.
q
8
9�
praper#y o '
j'ar,e S.d-S7'ePne14 C. TySmn
LaL rt e
Green pill e+ N,� �� B S8
M1
IN
S
[y 0. q�
vo K
} GPS
0
,k1-m
r NOV 0 8 nq
DCM-MHDCITY
I
Gross V%e IV A
Piet*$ Jot Tn
s�sa
l
wo a
8
,? 0

Page 1 of 1
HOk1L I ABOUT us I CONTACT I REGIONAL MANAGERS
Nautical Charts & Pubs Surveys & Wrecks GIs & Other Products Research & Development Customer Service Business Opportunities Education
Chart: 11554 Edition: 17 Edition Date: January 2012 Clear Dates: NM - 111312012 LNM-1012312012
Download RNC
Notice LisbnO
Find A Chan Site
andy Pt
3 h �<
11 10 5 3
2 Hawkin
so
q ~6 h 2 _ Landi
• Click the+/- buttons and drag the slider tool (solid triangle) to zoom in and out.
• Click the arrow buttons to pan left/right and up/down.
• Drag the navigation box in the upper left hand corner to move around the chart image.
This chart display or derived product can be used as a planning or analysis tool and may not be used as a navigational aid.
NOTE: Use the official, full scale NOAA nautical chart for real navigation whenever possible. These are available from authorized NOAA
nautical chart sales agents. Screen captures of the on-line viewable charts available here do NOT fulfill chart carriage requirements for
regulated commercial vessels under Titles 33 and 46 of the Code of Federal Regulations.
Adobe Flash Player is required to view the chart image.
Powered by Zoomify.
Privacy I Duclaime, I NOAAs Natamai Ocean Servlca i NOM I US Depenmantni Commerce
RECEIVED
NOV 0 8 2012
DCM-MHD CITY
L "fcL. (2)
http://www.charts.noaa.gov/OnLineViewer/1 1554. shtml
10/29/2012

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Bruton C. Davis Jahn E. Skvaria, III
Governor Director Secretary
January 16, 2013
Ms. Brenda C. Starr
640 Duck Creek Rd.
Washington, NC 27889-7911
Dear Ms. Starr:
Thank you for your letter concerning the Coastal Area Management Act (LAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
j}/�
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NO 28557
Phone: [phone] FAX: [phone] Internet: www.iiccoastalmanagement.net
An Equal Opportunlry 1 Affirmative Action Employer

fk­_� 1(. NCI 2olt
kia- t b, ,bwrr--
14 November 2012
R. Kelly Spivey, Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
RE: E. Foster CAMA Permit for Captain Tom Rd. Site
Dear Mr. Spivey:
RECEIVED
Nov 21 ZOIZ
DCM-MHD CITY
As full-time residents of this neighborhood, we are appalled, not only at the very prospect of this business
with all of its inherent problems, but at the apparent attempt of Mr. Foster to avoid the more rigorous
process of the Major Permit Application by seeking to get building permits from CAMA 'in pieces'; i.e., for
just the bulkhead only.
That very act should alert everyone who is or will be involved in the ultimate decisions to be on guard.
We are also heating that because there is no septic permit for the lot, Port -a -Johns will be used for human
waste, huge dumpsters for crab and other wastes. The resultant odors and insects (and the diseases that
come with them) must be addressed. In addition, how can crabs that are being processed for human
consumption be handled in such unsanitary conditions? And how will waste water be handled?
The newest permit applied for calls for graveling the easement that Mr. Foster calls a driveway. Is that
easement (which is a deeded easement to all homeowners on Captain Tom Road) a private easement or is it
a commercial easement? As it runs along the borrow pit and is a base of extremely unstable soil, how much
weight can it withstand without damage to the 'canal' and/or the homeowners along it? Refrigerated truck
loaded weight? Garbage truck and loaded dumpster weight? Port -a -John delivery truck weight? And then
there is the ever-present question of where will these trucks turn around?
I do understand that these concerns are probably not directly addressed by CAMA or its permits. I must,
however, do everything I can to make sure that these and all of the other pertinent issues get addressed and
not be allowed to fall through any bureaucratic cracks.
Thank you for all of your hard work on our beautiful river. And thank you for your attention to these
concerns and including this letter of protest into the Foster Permit file.
Sincerely,
No— JL-9
Brenda C. Starr
/bc
Cc: David Moye, Pat and Craig Tyson, et al

\lo NcN Z,v\Z
l.�a0-0 %,) DW I--
6 November 2012
Mr. David Moye, District Manager
North Carolina Department of Environment and Natural Resources
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
RE: Ernest Foster CAMA Major Permit Application for 70 Captain Tom Road
RECENED
NOV 21 2012
Dear Mr. Moye: DCM-MHD CITY
The purpose of this letter is to put on record our strenuous objection to the proposed commercial
development by Mr. Ernest Foster in our residential neighborhood.
I will not be citing rules and regulations in this letter. And I do understand that many of my objections do
not fall under your (CAMA's) jurisdiction. For the record, however, I will be listing all of the concerns that
have come to light as of this date, looking towards using this communication with all of the persons and
agencies that may come to be involved in this process.
We are very concerned that the traditional navigation into Duck Creek will be altered ---even
if only perceptively ---creating very dangerous situations for boaters, local crabbers, kayakers,
jet skiers, swimmers, fishermen, sail boaters, etc.
We are very concerned that the increase in boat traffic brought by a commercial operation
will become a serious pollution issue for Duck Creek, which is designated a Primary Nursery
Area.
We are more than concerned for the safety and well-being of our children, grandchildren and
pets who have traditionally had the freedom and safety afforded them here in a quiet, residential
neighborhood.
We are extremely concerned about the impact that this type of commercial endeavor will have
on our property values, on the very salability of our property.
We are concerned about the traffic that will be created and the parking that will be necessary
for a business to exist at the end of Captain Tom Road. Whether from high river water or
rainfall, when the soil here is wet, it becomes muck. Where will parking, turn -around space,
etc., be provided for this commercial operation? Mr. Foster's business uses rather large
refrigerated box trucks. And "grading' crabs means employees.
Along the same line, our part of Duck Creek Road is private and unpaved and connects to
Captain Tom Road. The homeowners on Duck Creek Road bear all of the burden of main-
taining (labor and costs) our road. We are very concerned about the increased use of our
road, damage to our road, and the resultant labor and materials costs.
We are extremely concerned that permits are being pursued for the building of multiple
piers, boardwalks and bulkheads for a commercial operation on a lot that has NO permit

Page 2
for a sewer system other than an Improvement Permit for an engineered system for a three
bedroom single-family residence. (Reference: Matt Hager, Beaufort County Health Depart-
ment, Environmental Health Section)
It is of great concern to us, in fact, inconceivable, that when a commercial operation involving
grading, packing and shipping of crabs is proposed, a viable, approved, septic system permit not
be part of the first -tier permits mandated.
In the same vein, we are concerned that there seems to be no way to facilitate communications
between the pertinent permit -issuing agencies. And we are concerned that there seems to be
no one with the ability to ascertain from Mr. Foster exactly what his plans are, what the operation
will entail, how many employees, sanitation needs, will boats be tying up overnight at these three
piers, what parking will be provided if that is the case, noise from refrigerated trucks, size and
weight of trucks, parking and tum-around space that will be required. The fist seems endless.
And while it is true that we do not want this business in this neighborhood, it seems to us that it
would very much be in Mr. Foster's best interest to not waste time and money (possibly even on
construction) only to find out somewhere down the road that it won't work.
Mother concern of ours has to do with the smell that is always present at crab -handling
facilities. Surely this has to come into consideration when it is being proposed literally as
the next door neighbor to private homes in an established community. More importantly,
the cause of the smell is of tremendous concern. How will Mr. Foster handle the detritus
of unloading, sorting, packing and hauling his product?
Our neighborhood has two elderly widows who live in their homes alone. Their peace of mind,
if not their safety, is of tremendous concern with increased traffic of unknown persons.
There is also concern about the increased erosion of personal property caused by a concen-
tration of new boat traffic. Not everyone in this neighborhood can afford to build, add or
reinforce bulkheads because of added wave action from this particular business.
We believe that Mr. Foster can find a place to build his business where there will be less environmental
impact, less personal impact and, more than likely, less expense to himself. And we do genuinely wish him
the very best.
Thank you for your time and attention to this matter that is of such importance to us and to this
neighborhood.
/bc
Copied to All Interested Parties
ely,
, eg�,�
Brenda C. Staff
es� 4C
rtRECEMD
OV 21 2012
CM-MHD C1Ty

Brenda C. Starr
640 Duck Creek Rd.
Washington, NC 27889-7911
1,4 ihia'lyA.';
FOIIf PfIH

R
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat 1vlcCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 16, 2013
Ms. Pattie Allen
3716 Oglethorpe Drive
Winterville, NC 28590
Dear Ms. Allen:
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses.'Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] %FAX: [phone] Internet: www.iiccoastaimanagement.net
An Equal Oppommity 1 Affirmative Action Employer

't2.cs( it. fVU�i �Olci
David Moye,
District Manager, CAMA
943 Washington Square Mall
Washington, NC 27889
Mr. Moye,
RECEIVED
NOV 21 2012
Ak
DCM-MHD CTTY
I am a good friend of Ann Little, property owner at 459 Duck Creek Road, Washington. I am opposed to
the request of Ernest Floyd Foster to use the property at 107 Captain Tom Road, Washington as
commercial property.
Over the past 30 years or so, I have joined the Little's! numerous times at their home on the river.
During this time, I have enjoyed such activities as kayaking, boating, fishing, canoeing, and swimming.
Most of all I have enjoyed just sitting and visiting with good friends while enjoying the beauty of the
river. I do not want the area to be negatively impacted by a commercial operation. I can only imagine
the changes which will occur — sounds of additional traffic on the roadway and commercial boats on the
river, the need to be more cautious in watching our children play due to additional unknown visitors to
the area, and damage to the natural environment.
I am greatly concerned about the effect a commercial operation would have on the environment. I want
to make sure we take good care of the environment to make sure future generations are also able to
enjoy the river for many more years. As good stewards of the earth, it is our responsibility to care for
the wildlife and natural environments we enjoy.
In Mrs. Little's letter, she listed various functions she and her family have held at their river home. I
have been involved in many of these and want to insure they continue. The gathering of family and
friends, which has become a tradition for many of us, should be safeguarded by not allowing the
commercialization of the neighboring property.
Thank you for your time. I hope the property at 107 Captain Tom Road, Washington will remain
residential property.
Regards,
,?0.A� L
Pattie Allen
3716 Oglethorpe Drive
Winterville, NC 28590
Phone [phone]
r
NOV 21 2012
DCM MOcIT1'

to! — A !Mu
gousm
[Put T WAY 1040 r9us ! nAmpo SoNQ ul ygA (ph rym jou, Hcaq Awn! MAQUO em; vubxp�
-4 ps" u"jujamm lau. q?,
P,;jl 00; 1 PAYPT g I lus"A q q:
"'3!0 0;tl;;A Cj�-, iWq moo :0 n).,.:xl•. eif-WHIM: j as impaps 0; OL-f qk;i
ru vion an I PILM' 290 IMNOM tpS MW M 10014 1MA' IVIU n, A;.
C:l'T'C'
Atem qe 5an0 spumq, 01 Q141" 1 Y Owl WxyNarto 10 CYA ic�'
Mr AV. ATi l"Sq 1516 01 W* 50"CuMn 10 UK YQ ':06 ma(II r NONAW5—e On' ?p
flJO 6
Am' lys AGO! MI LA it unptom P, WOP Pop OWL
0jWqq4;A 11 inky ru q& ICC QAAMM 501 fjoul ra
!p MJQ q r As on't'jol, A VMS OLq A amfna.
cock in hom-;It cA 1 pow low•q q ran an M,a P" ne 01 ;;Ci X ly inG 1" of
10"! lant C

a
Q)
ark
SZ
17C)
(Y)
RECEIVED
NOV 2 1 2012
lDC-kf-%fjjT)CjTy

,
MCDENR
North Carolina Decartment of Environment and Natural Resources
Division of Coastal Man%ernent
Pat McCrory Braxton C. Davis John E. Skvarla, li
Governor Director Secretary
January 16, 2013
Ms. Ann Little
126 Duke Road
Winterville, NC 28590
Dear Ms. Little:
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
V
—� Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 AflirmaGye Action Employer

R" f. Npv 20► Z
October 29, 2012
David Moye
District Manager, LAMA
943 Washington Square Mall
Washington, NC 27889
Mr. Moye,
RECEIygp
Nov 0 8 2012
DCM-MBDCrty
I am a property owner at 459 Duck Creek Road, Washington. I am opposed to the request of Ernest
Floyd Foster to use the property at 70 Captain Tom Road as commercial property. My property is
approximately 150 feet from Mr. Foster. There are currently residential homes along Captain Tom Road
and Duck Creek Road, no commercial property at all.
My property has been in our family for over 50 years. We use our home for family gatherings and for a
quiet getaway from a busy lifestyle in Greenville. My children and grandchild use the water for
boating, recreational fishing, canoeing, swimming and etc. They also bring their dogs to run and play in
the water. It would be a shame for our home to be negatively impacted by a commercial operation.
I am also concerned about the effect a commercial operation would have on the environment. I am a
member of the Pamlico -Tar River Foundation and want to make sure we take care of the river so my
grandchildren and their grandchildren will be able to enjoy the river for many more years.
I am also concerned about the impact a commercial operation would have on the tax value of my
property. As I said earlier, this property has been in the Little family for over 50 years. My family plans
to keep this property in our family for generations. If a commercial operation is permitted, the property
value of all the homes in the area would decrease.
I am also concerned about inviting extended family and friends to my home on the river. In the past, we
have celebrated 50 year wedding anniversaries; we have opened our home to various church functions;
we have kayaked together and we have enjoyed time together on the river. If a commercial operation is
allowed, the traffic on the water and on the road behind my house would increase substantially. There
would also be an unpleasant odor in the air. None if this is conducive to family gatherings, social
gatherings or to a quiet weekend at the river.
Please take all of my concerns into consideration as the decision is made in reference to Mr. Foster's
request. In the best interest of all concerned, I feel it is best to leave the property at 107 Captain Tom
Road as residential. I have listed my concerns above and would be glad to discuss these with you.
Please feel free to contact me. Thank you for your time.
the
Home address:
126 Duke Road
Winterville, NC 28590
252.341.2106 (Cell)
252.931.5167 (Work)

October 29, 2012
David Moye
District Manager, CAMA
943 Washington Square Mall
Washington, NC 27889
Mr. Moye,
I am a property owner at 459 Duck Creek Road, Washington. I am opposed to the request of Ernest
Floyd Foster to use the property at 70 Captain Tom Road as commercial property. My property is
approximately 150 feet from Mr. Foster. There are currently residential homes along Captain Tom Road
and Duck Creek Road, no commercial property at all.
My property has been in our family for over 50 years. We use our home for family gatherings and for a
quiet getaway from a busy lifestyle in Greenville. My children and grandchild use the water for
boating, recreational fishing, canoeing, swimming and etc. They also bring their dogs to run and play in
the water. It would be a shame for our home to be negatively impacted by a commercial operation.
I am also concerned about the effect a commercial operation would have on the environment. I am a
member of the Pamlico -Tar River Foundation and want to make sure we take care of the river so my
grandchildren and their grandchildren will be able to enjoy the river for many more years.
I am also concerned about the impact a commercial operation would have on the tax value of my
property. As I said earlier, this property has been in the Little family for over 50 years. My family plans
to keep this property in our family for generations. If a commercial operation is permitted, the property
value of all the homes in the area would decrease.
I am also concerned about inviting extended family and friends to my home on the river. In the past, we
have celebrated 50 year wedding anniversaries; we have opened our home to various church functions;
we have kayaked together and we have enjoyed time together on the river. If a commercial operation is
allowed, the traffic on the water and on the road behind my house would increase substantially. There
would also be an unpleasant odor in the air. None if this is conducive to family gatherings, social
gatherings or to a quiet weekend at the river.
Please take all of my concerns into consideration as the decision is made in reference to Mr. Foster's
request. In the best interest of all concerned, I feel it is best to leave the property at 107 Captain Tom
Road as residential. I have listed my concerns above and would be glad to discuss these with you.
Please feel free to contact me. Thank you for your time.
Ann Little NJ
NOV OF ,np
Home address: DC &WWcrTY
126 Duke Road
Winterville, NC 28590
252.341.2106 (Cell)
252.931.5167 (Work)

i' V
o
sr
N \ N
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 16, 2013
Ms. Samantha Little Whitehurst
605 Cedar Lane
Washington, NC 27889
Dear Ms. Whitehurst:
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] \ FAX: [phone] Internet: wvvw,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

November 6, 2012
David Moye
District Manager, CAMA
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Moye,
I am a property owner at 459 Duck Creek Road, Washington and I am opposed to the request of Ernest Floyd Foster to
use the property at 70 Captain Tom Road as commercial property. My property is approximately 150 feet from Mr.
Foster. There are currently residential homes along Captain Tom Road and Duck Creek Road, no commercial property at
all.
My property has been in our family for generations. My husband and I use our river home for family gatherings and for
an extremely relaxing weekend away. In addition, we use the water for boating, recreational fishing, canoeing,
swimming and etc. We also use our river home as a getaway with friends, pets and other extended family members. It
would be a terrible shame for our quite home and surrounding area to be negatively impacted by a commercial
operation.
I am also concerned about the effect a commercial operation would have on the environment. I am a member of the
Pamlico -Tar River Foundation and want to make sure we take care of the river so my future children and their
grandchildren will be able to enjoy the river for many more years to come.
In addition, I am also concerned about the impact a commercial operation would have on the tax value of my property.
As I said earlier, this property has been in the Little family for over 50 years. My family plans are to keep this property in
our family for generations. If a commercial operation is permitted, the property value of all the homes in the area would
decrease.
Furthermore, I am also very concerned about inviting extended family and friends to my home on the river. In the past,
we have celebrated 50 year wedding anniversaries; we have opened our home to various family/friend functions; we
have kayaked together and we have thoroughly enjoyed time together on the river. If a commercial operation is
allowed, the traffic on the water and on the road behind my house would increase substantially. In addition, there
would also be an extremely unpleasant odor in the air. None if this is conducive to keeping my home and surrounding
area special to my family and friends. If a commercial property is brought into the area my cherished moments of
spending time at the river will no longer be the option it once was.
Please take all of my concerns into consideration as the decision is made in reference to Mr. Foster's request. In the best
interest of all concerned, I feel it is best to leave the property at 107 Captain Tom Road as residential. I have listed my
concerns above and would be more than happy to discuss these with you. Please feel free to contact me. Thank you for
your time.
Sincerely,
Samantha Little Whitehurst
Home address:
605 Cedar Lane
Washington, NC 27889
252.341.2105 (Cell)

tSamantha & Daniel Whitehurst
.t 605 Cedar Ln
Washington NC 27889-8904
r6
David Moye
District Manager, CAMA
943 Washington Square Mall
Washington, NC 27889 Do mod/
3
ci J
�v

DR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 16, 2013
Mr. Jimmy and Mrs. Elvira Fortescue
495 Duck Cr. Rd.
Washington, NC 27889
Dear Mr. and Mrs. Fortescue:
Thank you for your letter concerning the Coastal Area Management Act (LAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifies of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: mwnccoastalmanagement.net
An Equal Oppommily\AfrmaNe Action Employer

"tm
'A CX-Q_A�
Ric �q rWv Zc,kZ
MEMO TO:
FROM:
RE:
DATE:
David Moye
RECEIVED
NOV 2 6 2012
Jimmy and Elvira Fortescue 4
DCM-MHD CITY
Commercial Development of 70 Captain Tom Rd.
Nov. 9, 2012
We are Jimmy and Elvira Fortescue. We live at 495 Duck
Creek Rd. and are writing you in regards to the commercial
use being proposed a few doors from us.
As the owners of Washington Jewelers, we are very much in
favor of free enterprise and certainly want to see Beaufort
County grow and prosper.
We must, however, object to and strongly oppose this
proposition. As long time residents, living all but on Duck
Creek, we know how boat traffic into and out of the creek
works. The only way into the creek brings boats (because of
existing sandbars) right by the end of our pier, barely off
the end of the point (the 70 Capt. Tom lot) and into the
creek via a very narrow channel. There are many days of the
year that the river is low enough that near no boat traffic
is possible ---much less traffic skirting piers jutting 100
feet out into Duck Creek.
It has always been our understanding that nothing could be
done that would change a traditional course of navigation or
move one grain of sand in Duck Creek. How, then, can this
proposal be seriously considered?
Ours is a very long-standing, well -established, quiet
neighborhood. The activities of the business being proposed
would be destructive in almost every conceivable way to the
residents and landowners. The crab buying/grading/packing/
hauling business that Mr. Foster owns in Belhaven has only
to be seen to be known to NOT belong on this site.
Our road joins Capt. Tom Rd. It is dirt and solely main-
tained by and at the expense of the homeowners. The damage
from increased traffic, not to mention heavy refrigerated
trucks, would be huge and costly.

RECEIVED
MEMO to David Moye Page 2
NOV 2 6 2012
In researching this project, it became evident that Mr.
Foster does not have a permit for a septic system. By
definition, a business that buys/grades/packs/transports
crabs will use people. Where there are people, there must
be septic.
Over the years more than one person has sought a septic
permit for this site only to be rejected because the site
will not perk. Finally, an `Improvement Permit' was issued.
This permit in no way helps Mr. Foster. First, it is ONLY
for a single-family three bedroom residence. And secondly,
it is provisional. The type of `engineered septic system'
it covers has never been installed in this area, in our
soils. Soils scientists/engineers would have to thoroughly
evaluate the site to determine that such a system would
work. Simply put, Mr. Foster does NOT have a septic system
permit for the site he seems intent on improving (bulkheads,
piers, boardwalks) and opening a business on.
Running a business takes people. Where will these people
park? Where will they turn around? Where will the
refrigerated trucks park? Turn around? Mr. Foster pro-
poses adding three piers. Why would there be a need for 3
piers except to give crabbers a place to overnight their
boats? Which leads to the question of where will these
people park while they are out crabbing? Mr. Foster wants
to `repair the boat ramp' and says that this site will be
open to the public. Where will the boat trailers be parked?
Where will they turn around? My neighbors' and my yards are
the most likely places. That is unacceptable.
As is fully known, the soil here cannot be driven on when
wet! Everything makes ruts. Most things get stuck. I do
not believe that Mr. Foster has a viable business plan. I
suspect that he did not fully understand some of the soils
and hydrological issues that are simply a fact of life here.
Even in a county that does not have formal zoning laws, we
believe that many, many things deserve to be considered:
the safety and security and peace of mind of long-time
residents; the affect of the proposal on the property values
in the neighborhood; the affect on people's use and

MusD
MEMO to David Moye Page 3
NOV 2 6 2012
DCAf_MHD CITY
enjoyment of their homes, their yards, their long -held
property.
We are a neighborhood that includes several individual
crabbers. Our concerns are not with crabbing or crabbers.
Indeed, we absolutely want Mr. Foster to be able to build
the business that he wants and to be successful. We just do
not believe that the site he has chosen is appropriate.
Mr. Moye, we thank you for your years of diligent service to
these waters. We ask that you and all of the other agencies
that are involved in these decisions give due consideration
to ALL of the issues and all of the people involved.
Again, thank you!
JimmFor escue
/csr
cc: As Needed
Elvira Fortescue

aanaaoe
d /'
�� St/7

MO
HC.
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 16, 2013
Mr. Tommy Carr
18 Captain Tom Drive
Washington, NC 27889
Dear Mr. Carr:
Thank you for your letter concerning the Coastal Area Management Act (LAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opporluni y \ ARrma five Action Employer

Hugged, Doug
From:
Spivey, Kelly
Sent:
Tuesday, November 06, 2012 2:16 PM
To:
Huggett, Doug
Cc:
Moye, David
Subject:
FW: Duck Creek Proposed Crab House
Doug,
Attached please find another objection to the Foster, Duck Creek, Beaufort County Major LAMA Permit application. I
have sent you (via courier) all of the original copies of objections received in this office.
Kelly Spivey - [e-mail]
Field Representative
NCDENR - Coastal Management
direct line [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
From: Moye, David
Sent: Tuesday, November 06, 2012 7:15 AM
To: Spivey, Kelly
Subject: FW: Duck Creek Proposed Crab House
Kelly,
Please copy for our file and forward to Doug. Thanks.
David
David W. Moye ([e-mail])
District Manager and Express Permit Coordinator
Division of Coastal Management - NCDENR
direct line [phone]
office number [phone]
fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.
From: Carr, Thomas(mailto:thomas.carr(&hughessupply.comj
Sent: Sunday, November 04, 2012 4:39 PM
To: Moye, David
Subject: Duck Creek Proposed Crab House
As a resident of Duck Creek, I am concerned about a proposed crabbing operation that will be
located 100 feet from my property.

,y
I understand that Ernest Floyd Foster has applied for a commercial land permit for 70 Captain
Tom Drive located at Duck Creek.
Duck Creek is a residential community that includes summer houses for people who enjoy the
beauty, peace and quiet that the river and creek provide.
As a full time resident and living only 100 feet from the property, I have major concerns for
myself and my neighbors.
Mr. Floyd wants to put three, 100 foot piers on his lot going out into Duck Creek. On the copy
of the application I saw, he shows the creek depth to be eight feet. I believe the creek is only
about four to five feet in depth. A pier going out in the creek this far will make it difficult to get
in and out of the small channel that leads to the river.
A commercial crabbing operation will increase boat traffic tremendously. What little bulkhead
I have left will be effected by the wake from more boats as the channel comes right by my
property.
We fish and swim from my small tiny beach, commercial boat traffic will make this almost
impossible.
Mr. Floyd also proposes to widen and pave the private road that we use for egress and
regress.
The road is currently gravel, mostly sand approximately ten feet wide. We currently maintain
this road ourselves as it is not maintained by the county or the state. Commercial buying and
selling of crabs will increase traffic exponentially. Most of this traffic will be by transfer
trucks, which if the road is paved will cause oil and gas run off to drain into the canal that runs
parallel to the road. This canal runs into Duck Creek, this cannot be good for wildlife.
Mr. Floyd would like to widen the road from ten feet to twenty. Widening the road ten feet
would only give me 14 feet from my back steps to the road, taking a huge section of my yard.
Paving this will make the road higher which will make my yard flood more than it currently
does from rain water.
My understanding is this operation will have lots of people coming in and out. What are they
going to do about restrooms facilities? Most of the land here does not perk. How can he get a
septic tank permit to have such an operation? His property has at least 300 feet of waterfront.
A septic system to handle this kind of traffic would have to be very technical and expensive to
keep waste water from leaching into the canal, creek and river.
Adding a commercial crabbing operation to a peaceful quiet residential neighborhood, not
only increases traffic and pollution but will increase noise. Trucks hauling crabs will have to
be refrigerated. Refrigerated trucks have to run all the time to keep the crabs cold. We will
have to listen to diesel trucks running all the time. If the noise is not enough the smell will be
worse. I have never been to a seafood operation that did not stink. I believe this takes away
from our quality of life.
If Mr. Floyd were going to build a residential home on his property I would have no problem.
In fact a nice home on his property would probably help increase the value of our
neighborhood. A crab operation will decrease our property values. I do not worry about that
r]

so much for myself, but for my two sons whom I plan to leave my house when I pass from this
wonderful place called Duck Creek.
Thank you,
Tommy Carr
18 Captain Tom Drive
Confidentiality Notice: Information in this message, including any attachments, is intended only for the personal and confidential use of the recipient(s) above
named. The information contained in this message maybe privileged and confidential, may constitute a trade secret. maybe subject to the attorney -client privilege
and may otherwise be protected from disclosure. If you are not the intended recipient of this message, or an agent responsible for delivering it to an intended
recipient, you are hereby notified that you have received this message in error, and that any review, dissemination, disclosure, distribution, or copying of this
message is strictly prohibited. If you received this message in error, please notify the sender immediately, delete this message and destroy any hard copy print-
outs. We have taken precautions to minimize the risk of transmitting software viruses, but we advise you to carry your own virus checks on any attachment to this
message. We cannot accept liability for any loss or damage caused by software viruses.

MR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, Ili
Governor Director Secretary
January 15, 2013
Ms. Mildred Jones Daniel Williams
533 Duck Creels Rd.
Washington, NC 27889
Dear Ms. Williams:
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. -In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
7rt
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] %FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

Mildred Jones Daniel Williams
533 Duck Creek Rd.
Washington, NC 27889
PH: 252.923.0081
Mr. David Moye
District Manager — CAMA
943 Washington Square Mall
Washington, NC 27889
RtctrnD
NOV 8 a 2012
DCM•haiD Cary
RE: Ernest Foster CAMA Permit for Crab Business on Captain Tom Rd/ Duck Creek site
Dear Mr. Moye:
My name is Mildred J. Daniel Williams. I am an eighty-three (83) year old widow living
on the Duck Creek Road in Washington, NC. I have owed my home for forty some years
and have watched Duck Creek change in many ways, but I am strongly opposed to the
most current change that is being proposed and stated in the current application submitted
to CAMA by E. Foster Crab Business. I am writing to state my objections on the
dreadful and horrible idea of a commercial crab business, boardwalks, and multiple piers
being erected to accommodate this crab business just a couple residences down from my
home.
I would like to voice my opinion, my concerns along with my objections to the awful
idea of a commercial crab business and the conjunctional structures (that are stated on the
request for permit to CAMA) that would need to be erected (to facilitate this business) on
the property at the mouth of the inlet of Duck Creek and so close to my home:
1. It would increase the river bank erosion
2. The creek would be virtually un-accessible.
3. Endangerment to the natural and environmental habitat
4. The natural nesting of the ducks would be disturbed by the increase of traffic
inland and by water.
5. Traffic on the entrance roads would be increased and there are concerns of child
safety. It would bring strangers and commercial traffic into this neighborhood
6. The stench from the after wash of the crab pots would be awful not to mention the
run off of chemicals from cleaning fluids.
7. The value of my home would definitely be affected
I have listed only few of my concerns and would like to elaborate on each of these:
First, the river bank erosion; currently my property is struggling with the erosion of the
river bank and I have a bulk head installed. My property not only receives waves from
the front, but the waves also have an effect on the erosion of the lot to my left which is

not bulk headed. As you know the more traffic on the water, the more turbulence which
means more erosion.
This brings me to my second concern. I cannot visualize how he plans on getting three
(3) 100 foot piers erected on this small lot, to say the least it will be a squeeze. Then,
there is the concern with the channel leading into the creek; it is a narrow channel, barely
a one boat passable width at a time, and the only way into and out of the creek. The
sandbar that extends around the mouth of the creek comes from the existing land all the
way to the channel. The depth is extremely shallow where the sandbar is located and is
virtually impassible much of the time for any size boat other than small recreational
paddle boats, small 9' recreational fishing boats or kayaks. In the summer (which is
also the busy season for crabbing), the water traffic in and out of the creek can be heavy
at times with kayaks, children fishing, and my grand -children paddling over to the
sandbar to swim. I can't imagine the problems that will be created and the safety issues
of recreational boaters and commercial boaters trying to maneuver in an out of this
narrow channel with the 100 foot piers and breakwater he plans on building on this lot.
The creek would be virtually un-accessible and would no longer be a safe place for
recreation pleasures. The erection of the piers and boardwalks would prove to be
dangerous for both recreational individuals and commercial boaters because of the
narrow area, and the lot location and the laws which I believe inhibit the restructure of
the channel or sandbars.
As stated in my third, fourth concerns, I have an issue and concern with the
endangerment of the natural habitat. I have been a resident for a long time here at Duck
Creek. My children, their children (my grandchildren) and our friends have traditionally
incubated and raised small ducklings that come from wild and tame ducks which come
back yearly to nest here at Duck Creek. We have done this for years and still do. I have a
current flock of 15 or more. I fear that the allowance of these structures by CAMA to be
built will have adverse effect on the nesting of the ducks and reproducing of other
animals because of the disturbance to our quiet neighborhood with the increased of land
and water traffic. If the piers are not built, the boats will not be off-loaded here and our
natural serene lifestyle will stay in tack. I do not oppose crabbing, or individual crabbers
as we have several people who are residents in the creek that maintain this type business,
but the magnitude of the type business Mr. Foster plans on conducting on this little lot
opens all kinds of environmental issues. Just to list a few: (1) the land will not
perk ... this means he will not be getting a septic tank permit. Septic waste- what are his
plans to dispose of the waste; human and/or the natural stuff after cleaning the crabs? (2)
The dumping of the waste where does he plan on deposing of this waste? The creek will
not hold all the run off that will be created without it talking its toll. (3) A business of
this magnitude takes space; people, parking, ample inland access, ample water access or -
none of which this little lot, or private dirt road or the easement to enter his property has R��itFo
the capacity to handle. Nov
28Z
Fiftbly, the inland access is a private property easement not a commercial, so I have beer
told. The driveway is a small dirt road that has a canal beside it which floods regularly, cMA%
The road to the right is a private dirt road that accesses my part of the neighborhood. C7tp

There isn't enough space to turn around once you access the entrance to either road
(Captain Toms or Duck Creek) without turning around in someone's yard. This means
my concerns about extra traffic coming down our end of the road and the safety of my
grandchildren or any child when riding bikes or playing in the yard is creditable. We
have been for years a quiet residential neighborhood with retired residents and their
children and grand -children, not a commercial area zoned for commercial business.
Although Beaufort County does not have zoning that applies to the county, we hope and
look to government agencies, such as CAMA, to maintain our land and water integrity.
Again, I realize this does not fall under your jurisdiction, but by allowing the so called
improvements stated in the CAMA permit request from Mr. Foster.... well, CAMA
would initiate the "cause and effect" of these other items.
Which brings me to my final concerns, my personal concerns of what this type of
commercial business could do to the value of my property? Not good. I have concerns
that Mr. Foster will not maintain a neat, clean operation and this property will become an
unfavorable sight. The stench from the wash off of the pots would be unbearable to
endure on any day, much less, a 100 degree day. Anyone living on the river knows what
one dead fish can do to a cool summer breeze not to mention a steamy 100 degree breeze.
I worked at one time in real-estate as an appraiser and realtor so I know the consequences
and outcome this will have on my property and the future sale of any property down here.
I hope there will be some consideration for the long term property owners that live down
here when you make your decision.
Thank you so much in advance for your consideration of my apprehensions and the
acknowledgment of my objection to allowing the construction and installation of
previously stated improvements in the CAMA permit request by Mr. E. Foster for a
commercial development of the property at 70 Captain Tom Rd., Washington, NC.
Sincerely,
.*,.D
Mildred J. Daniel Williams
Cc: Mr. R. Kelly Spivey
NC Division of Coastal Management

Wastt. UC 0� o
02 1M � �U°'".
0004286740 NOV19 2012'
MAILED FROM ZIP CODE 27889
Koo l/ �Qiv
IUL' D'v/sra yI f C60541 Aaarm
�z 3 Was HiAJGTO1 �cW, knit l
Ab,!. H lNf6--16/), PC R79?

MCDENR
North Carolina Department of Environment and Natural R,e3oulcesi
Division of Coastal Nlanagement
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 16, 2013
Mr. and Mrs. Pleasants
3500 Oglethorpe Drive
Winterville, NC 28590
Dear Mr. and Mrs. Pleasants:
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act' were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would. like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govom
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affrntative Action Employer

Rec9 to P�v ZOV4
wt:ko �,N bkW -
David Moye,
District Manager, CAMA
943 Washington Square Mall
Washington, NC 27889
Mr. Moye,
We are good friends of Ann Little, property owner at 459 Duck Creek Road, Washington. We are
opposed to the request of Ernest Floyd Foster to use the property at 107 Captain Tom Road,
Washington as commercial property.
Over the past 30 years or so, we have joined the Little's' numerous times at their home on the river.
During this time, we have enjoyed such activities as kayaking, boating, fishing, canoeing, and swimming.
We have also enjoyed just sitting and visiting with good friends while we enjoy the beauty of the river.
We do not want the area to be negatively impacted by a commercial operation.
We are concerned about the effect a commercial operation would have on the environment. We want
to take good care of the environment to ensure future generations are also able to enjoy the river. The
river should be enjoyed by families and friends. Having a business so close will impact the noise level,
the view and possibly the purity of the water.
In Mrs. Little's letter, she listed various functions she and her family have held at their river home. We
have been involved in many of these and want to ensure they continue. If a commercial operation is
allowed, the traffic on the water and on the road behind the Little residence would increase
substantially. We want to make sure the gathering of family and friends is not impacted by the
commercialization of the neighboring property.
Thank you for your time. We hope the property at 107 Captain Tom Road, Washington will remain
residential property.
Regards, Q A h -
1 -&,Oto RECEIVED
NOV y
p g �r�fc�' I 2012

James Pleasants FF.7 'e-b'-i i e? i•i+c� ?E- ,
3500Oglethorpe Or =ice
+..u.a-��as �,saacscsa aca ru cxz
Wimervllle, NC 2e590 C.
'
5
� a78g�
r,(r,rrl left? l((r,frill rtl((rrt(r,r(tt (fit (rlrirt[fit rrl l fit it

1 fi ° 9
North Carolina Department of Environment and Natural Resources
Division of Coastal Uanagemerll
Pat McCrory Braxton C. Davis john E. Skvarla, III
Governor Director Secretary
January 16, 2013
Mr. and Mrs. Gordon
201 Pine Branches Close
Winterville, NC 28590
Dear Mr. and Mrs. Gordon:
Thank you for your letter concerning the Coastal Area Management Act (LAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: wmm.nccoastalmanagement.nel
An Equal Opportunity 1 Affirmative Action Employer

Qec& la rv�v zotL
r
November 01, 2012
David Moye,
District Manager, LAMA
943 Washington Square Mall
Washington, NC 27889
Mr. Moye,
We are good friends of Ann Little, property owner at 459 Duck Creek Road, Washington. We are
opposed to the request of Ernest Floyd Foster to use the property at 107 Captain Tom Road,
Washington as commercial property.
Over the past 30 years or so, we have joined the Little's' numerous times at their home on the river.
During this time, we have enjoyed such activities as kayaking, boating, fishing, canoeing, and swimming.
We have also enjoyed just sitting and visiting with good friends while we enjoy the beauty of the river.
We do not want the area to be negatively impacted by a commercial operation.
We are concerned about the effect a commercial operation would have on the environment. We want
to make sure we take good care of the environment to make sure future generations are also able to
enjoy the river for many more years.
In Mrs. Little's letter, she listed various functions she and her family have held at their river home. We
have been involved in many of these and want to insure they continue. If a commercial operation is
allowed, the traffic on the water and on the road behind the Little residence would increase
substantially. We want to make sure the gathering of family and friends is not impacted by the
commercialization of the neighboring property.
Thank you for your time. We hope the property at 107 Captain Tom Road, Washington will remain
residential property.
4
i RPCg�D
201 Pine Branches Close
Winterville, N. C. 28590 NOV 0 8 2012
DM-AMD y

FWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 16, 2013
Ms. Pamela Daniel Griffin
1694 Avenue Road
Washington, NC 27889
Dear Ms. Griffin:
Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit
application submitted by Mr. Ernest Floyd Foster, in Beaufort County. The Division appreciates your concerns
about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and federal review of
each permit application, with all review agency comments considered by the Division before final action is
taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were
identified as a result of this review. The Division of Coastal Management was concerned with ensuring the
protection of traditional and established navigational uses. Therefore, I would like to bring to your attention
Conditions No. 4 and 5 of the copy of the permit that is being provided to you for your information.
Consequently, the Division has issued a Major Permit, No. 11-13 for the proposed activity.
If you wish to object to the actions taken on this permit application, you may request an appeal of this decision
within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or
should you like to discuss the specifics of the process, please contact me by telephone at [phone], or by
email at [e-mail].
Sincerely,
Daniel Govoni
Asst. Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: m w.nccoastalmanagementmet
An Equal Oppodunily l Affnnabve Action Employer

Lie: R.
AN
November 16, 2012
Mr. David Moye
District Manager — CAMA
943 Washington Square Mall
Washington, NC 27889
tNO
RE: Ernest Foster CAMA Permit for Crab Business on Captain Tom Rd/ Duck Creek site
Dear Mr. Moye:
My name is Pamela D. Griffin. I am writing to state my objections to the request for a Major
Development Permit that has been submitted by Fosters Seaford for the improvements and formation of
a commercial crab business, bulk heads, boardwalks, water break, and the construction of (3) 5' x 100'
piers in the Duck Creek neighborhood.
I have many concerns and objections to the request for permit that Mr. Foster submitted to CAMA:
60 Soil and Water Contamination — According to his application he states the soil and water
will not be affected but only has a "proposed" Septic System. It is my understanding
from a previous sale of this site the land is not suitable for a septic system. How does he
plan to dispose of the waste from workers? Where will the buildup of sludge that will be
washed off of his crab pots go? Trucks that have gas leaks, oil leaks etc? Boats that will
be pulled out and worked on — Oil spills, gas spills, the elimination of these packing
products and there contaminates? He states he plans to Grade/ Pack / Sell blue hard
crabs. What will happen to the damaged packing materials? What are the packing
materials, plastic? How will he dispose of these products? How much will end up in the
creek or river? I have major concerns that a commercial site of this sort will cause
Pollution issues for Duck Creek. My mother raises the Ducks and has several that return
to nest each year and I have concerns the traffic, pollutants and physical dangers will
bring this long term tradition of our families to a halt.
0 Increased Erosion of the property caused from the increased influx of larger boats and the
traffic they may bring. We have a summer residence at Swan Point and had a crabber
that rented a lot for a short term on the canal behind us. He would on an average make 5
to 10 trips in and out of the canal a day during the crab season; loading and unloading.
Multiple this time multiple boats and I hate to even imagine what kind of erosion just the
waves will cause over time to the shore in the creek area and adjourning residents.
Space and Location — The location of the lot has always been a popular one for the
residents at Duck Creek. It has a sandy bottom and the channel leading into the creek is
perfect for close shore swimming (deep but has a sand bar 10' away). Children love to
swim in the canal and then walk on the sand bar across the channel. Kayaker's often pull
up and sun or rest in this area, as Goose Creek State Park is right around the corner. Mr.
Foster is proposing (3) 5' piers x 100' long on the South side of the creek. I have
concerns that there will be major congestion in this area both inland and water bound.
On the end of the "south" side property that he is asking for a breakwater under the pier
would be practically in the channel. I have concerns Mr. Foster may not have given a lot

of thought or may not be aware or even care how popular that end of the creek is for
recreational use. Honestly, this is a residential area with parents, children and grand-
children with jet skis, kayaks, small fishing boats, sail boat and rafts. The way the inland
channel flows (mainly due to the washed out land in the creek opening which is now a
natural sandbar), you have to access the creek by driving your boat very close to the
shoreline of the neighboring residence that have children and grand -children. I fear
safety issues would be a daily thing in the summer because of the location of the lot and
the inland and recreational boater that already use the access and the creek.
0 He states he wants to repair the boat ramp which is owned and included in the easement
that the residences of Caption Tom's Rd control. This is a residential easement not a
commercial easement. Does he have permission from these land holders for the
improvements? I have concerns the road will not support traffic (of these heavy
refrigerated truck) that his business may bring in to load and unload crabs. one side of
the road is sided by a canal and is flooded a lot of the time. I did not see where he was
going to bulk that part of the land and over time I do not think this land will hold up.
You will not only have the transport trucks but dumpster trucks, employee travel etc. .
He states he wants to gravel Caption Toms road, but what about Duck Creek Rd. The
only entrance into our end of the neighborhood is at the end of the state road which forms
a Y; to the left Captain Toms Road and to the right is the Duck Creek Rd entrance. These
roads are maintained by the local residents, and most of the residents are retired
individuals on fixed or limited incomes. They could not afford the constant maintenance
that it will take to keep the road in good shape after heavy duty refrigerated trucks head
down the Duck Creek Rd to turn around.
I am not in argument of what he is proposing, I am in argument and objection to the location of where he
Plans to build these structures based on the lot size, the creek access and the fact this is a residential area
with recreational activities not a major commercial inlet. I feel Mr. Foster would be better off to find
another lot that is not on the mouth of a highly congested and traveled creek for his business. I have
other concerns but they would not apply to CAMA's authority.
I thank you for hearing my objections and hope you will consider them in your decision to grant or deny
W. Foster's permit.
Sincerely,
t
Pamela Danigl Griffin +pF
�—_-_ Cc: Mr. R. Kelly Spivey 41
0
d28
NC Division of Coastal Management oc? 10�1
---- - l

I
ROCKY MOUNT HC 278
9 WCA/ 20
`'=s-
ACNE BONES
02 ,M $ OO.gSo
Nov0004286740 12012
9 MNED AFROM ZIPCODE
2 7889
,ll h
N L l It 5lD C�@J�C � btQ maJ
UCLu
L,1111,„Ii,lLIli ,I1L,1Ili LL, IL LLL LJII,Hill

Huggett, Doug @
From:
Spivey, Kelly
Sent:
Monday, November 05, 2012 3:50 PM
To:
Huggeft, Doug
Cc:
Moye, David
Subject:
FW: Duck Creek Proposed Crab House
Doug, Attached please find an objection to the Ernest F. Foster, Duck Creek, Beaufort County
Major Permit application.
Kelly Spivey - [e-mail]
Field Representative
NCDENR - Coastal Management
direct line [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
-----Original Message -----
From: Moye, David
Sent: Monday, November 05, 2012 7:10 AM
To: Spivey, Kelly
Subject: FW: Duck Creek Proposed Crab House
Kelly,
Please forward to Doug and print a copy for our file. Thanks.
David
From: Carr, Thomas [[e-mail]]
Sent: Sunday, November 04, 2012 4:39 PM
To: Moye, David
Subject: Duck Creek Proposed Crab House
As a resident of Duck Creek, I am concerned about a proposed crabbing operation that will be
located 100 feet from my property.
I understand that Ernest Floyd Foster has applied for a commercial land permit for 70 Captain
Tom Drive located at Duck Creek.
Duck Creek is a residential community that includes summer houses for people who enjoy the
beauty, peace and quiet that the river and creek provide.
As a full time resident and living only 100 feet from the property, I have major concerns for
myself and my neighbors.
Mr. Floyd wants to put three, 100 foot piers on his lot going out into Duck Creek. On the
copy of the application I saw, he shows the creek depth to be eight feet. I believe the
creek is only about four to five feet in depth. A pier going out in the creek this far will
make it difficult to get in and out of the small channel that leads to the river.
1

A commercial crabbing operation will increase boat traffic tremendously. What little
bulkhead I have left will be effected by the wake from more boats as the channel comes right
by my property.
We fish and swim from my small tiny beach, commercial boat traffic will make this almost
impossible.
Mr. Floyd also proposes to widen and pave the private road that we use for egress and
regress.
The road is currently gravel, mostly sand approximately ten feet wide. We currently maintain
this road ourselves as it is not maintained by the county or the state. Commercial buying
and selling of crabs will increase traffic exponentially. Most of this traffic will be by
transfer trucks, which if the road is paved will cause oil and gas run off to drain into the
canal that runs parallel to the road. This canal runs into Duck Creek, this cannot be good
for wildlife.
Mr. Floyd would like to widen the road from ten feet to twenty. Widening the road ten feet
would only give me 14 feet from my back steps to the road, taking a huge section of my yard.
Paving this will make the road higher which will make my yard flood more than it currently
does from rain water.
My understanding is this operation will have lots of people coming in and out. What are they
going to do about restrooms facilities? Most of the land here does not perk. How can he get
a septic tank permit to have such an operation? His property has at least 300 feet of
waterfront. A septic system to handle this kind of traffic would have to be very technical
and expensive to keep waste water from leaching into the canal, creek and river.
Adding a commercial crabbing operation to a peaceful quiet residential neighborhood, not only
increases traffic and pollution but will increase noise. Trucks hauling crabs will have to
be refrigerated. Refrigerated trucks have to run all the time to keep the crabs cold. We
will have to listen to diesel trucks running all the time. If the noise is not enough the
smell will be worse. I have never been to a seafood operation that did not stink. I believe
this takes away from our quality of life.
If Mr. Floyd were going to build a residential home on his property I would have no problem.
In fact a nice home on his property would probably help increase the value of our
neighborhood. A crab operation will decrease our property values. I do not worry about that
so much for myself, but for my two sons whom I plan to leave my house when I pass.from this
wonderful place called Duck Creek.
Thank you,
Tommy Carr
18 Captain Tom Drive
Confidentiality Notice: Information in this message, including any attachments, is intended
only for the personal and confidential use of the recipient(s) above named. The information
2

contained in this message may be privileged and confidential, may constitute a trade secret,
may be subject to the attorney -client privilege and may otherwise.be protected from
disclosure. If you are not the intended recipient of this message, or an agent responsible
for delivering it to an intended recipient, you are hereby notified that you have received
this message in error, and that any review, dissemination, disclosure, distribution, or
copying of this message is strictly prohibited. If you received this message in error, please
notify the sender immediately, delete this message and destroy any hard copy print-outs. We
have taken precautions to minimize the risk of transmitting software viruses, but we advise
you to carry your own virus checks on any attachment to this message. We cannot accept
liability for any loss or damage caused by software viruses.
3

JAN-29-2013 09:55 From:NC DIV COASTAL MGMNT 2529480478
To:912522473330 P.2/3
PNECONSTKUCTION CUD'
Yermitcee's Nalw':
Counry: St'AuYoi
Phone: c'L5�Z) 7V3
-) ,'—
YT.. 5� T. rPSel,o f
S3/2 Z
Permit Number: 4- 11
3
Anticipated Dace of Construction:
Date of On —site Pre onSCru[Cian Conference: / f
/ Z fr ZP
Persons) in Attend nce: XC//y3vo7� I
�P$7"rr
Comment on the Foll wing:
1) Awkward or unc4 ar wording of permit conditions;
2) Conditions Cnatl should have bean added as after Choughc;
3) Project elome
4) Deficiencies
„�—
of concern for monitor'im& purposes;
current regulacior.3.
.l .�.t -etc � goy./-1-7,
y

SAN-29-2013 09:55 From:NC COASTAL MGMNT/ 2529480478 To:912522473330 P.3(3
/DIV
z,.fi� ,,,�1_'�•-.sue rJ4�-�
.-����a/ .v � +�
g' �/-. �-•CM--TrL•t
/J'-9��v�c�!•L �s 0��
{'�-'lY.'«^'e�Ctt (�+�-�=C eu. ../�+-LLL��' ,'!�
�oK��/e..c'LYR^G't.
��/2P ..�JJ�(•4C/�e.•y�Y'i.�0. Yyl -!�� G
//L/i��
Ni.t.Vf.� ��t_•�G/--4�C ra.+n
L(�-A��
�� •aa'o1�D !'{� (✓I-�L�x,a Er.
�:[.d7-��-✓tt�-f�CL�A/�
Aw�y�
�L-iy..
C.•� �r�6•"Lfr�tJr`� zc.czG
/%
�l, -„ - ii�g�i�•e I•t. - i-^
'�rT
JC-G.1-i.4c•a�-.�
d��J.tiry JyL
//�
,.,��...Gl�) f��•! - 'f.-o�S�V-c. .-"`c`((� 6�i.i• :J
L�'�.. ��(�w'—
- C �-C �,/[�.� �C+p-�+ .ct«-�t- -/I. ---iz�
aZl✓�4Y4
��ldyYG-G a�to�-G cJ...-.6f Ci-� �� �-.., _, Ji fJ
//
�VR.G-IL�
/ Y _ i �Jl_S GYLii
J%���•s
Lt9!S/�
rti:.'.(-�(��Vh+•! (f G«..c✓LK
/, 17y '/�'_��f
%G.+-.4�E.�.� A�`'it, _-^CY+� +,/y!s 4/�( �•S_C-
�(/n
,
i"T-fiu ��•�l�rz-.7 ..-cam-'—
�^ ---L'"`-c•s... �.wa� ��r t.-v---Lv—�..-,.1__
t.4/
(R / t- �..vfi4e%4 �
i•�—ems( .�C-/ �_

�"61Eo�R
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman
Governor Director Secretary
TO: DougHuggett
THROUGH: Anne Deaton;?61)
FROM: Kevin Hart V_, k
DATE: November 19, 2012
SUBJECT: CAMA- Fosters Seafood 70 Captain Tom Drive, Washington, NC Beaufort County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject project are
offered pursuant to G.S. 113-131. The applicant proposes to construct three 100'long by 5' wide piers in -4'NWL
in Duck Creek (Inland, PNA). The applicant is also proposing a 100ft long wooden breakwater with an inch gap
between every 8" board under the most downstream pier. The applicant proposes to also replace an existing east
facing bulkhead with a new one and repair an existing boat ramp.
Duck Creek has been designated as a Primary Nursery Area (PNA) by the NCWRC as it is a critical area for
development of fishes. NCDMF requests that the in -water work (channel dredging and removal of the plug) be
performed outside of the April 1 through September 30 in -water work moratorium to minimize the noise and
turbidity levels during the peak period of biological activity. In addition to the gaps in the breakwater the applicant
should further minimize the breakwater by not extending the breakwater to the bottom substrate.
The NCDMF would have no further comment if the applicant performs the work outside of the in water work
moratorium and the depth of the breakwater is reduced by half.
The NCDMF appreciates the opportunity to review and comment on this project. If you have any comments or `-
questions, please call me at [phone] or email me at Kevin.Hartamed. cr r.gov .
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal. 2010. North Carolina Coastal Habitat Protection Plan. North
Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 617
pages.

NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor
TO:
� 12,II.Dz•o2.
Director
ul r 1 �10111111161IT7:
Mrs. Maria Dunn
NC Wildlife Resources Commission
FROM: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 1 November 2012
SUBJECT: CAMA Application Review
APPLICANT: Fosters Seafood Ernest F. Foster
RECEIVED
Res rces
NOV 21 2012
Dee Freeman
Secretary
DCM-MHD CITY
Respond to Doug Huggett
Morehead City Office
PROJECT LOCATION: Project site located off SR 1358 at 70 Captain Tom Drive
and man-made canal near Washington, Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct 3 piers, overland dock, bulkhead breakwater and
gravel driveway to allow for the unloading, grading and packaging of blue crabs.
Please indicate below your position or viewpoint on the proposed project and return this form by 21
November 2012. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
✓ This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed A4AAI Date II-Icl7JJIZ
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Intemet: www.nocoastalmanagement.net
An Equal OpporWnily 1 Affirmative Action Employer
Noe Carolina
)Vaturally

� .. .. ' .. � P.. � p^ � i

RECENBD
NOV 21 2012
a.
DCM-MHDCITY
® North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
I �t�iull7;7:\:I�lltul
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
antiT��nn
FROM: Maria T. Dunn, Northeast Coastal Region Coordinator —
Habitat Conservation Program
DATE: November 19, 2012
SUBJECT: CAMA Dredge/Fill Permit Application for Fosters Seafood, Ernest F. Foster,
Beaufort County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is located off SR
1358 at 70 Captain Tom Drive adjacent Duck Creek and a man-made canal near Washington, NC. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-
100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the
Fish and Wildlife Coordination Act (48 Stat 401, as amended, 16 U.S.C. 661 et seq.).
The applicant proposes to construct three piers, an overland dock, bulkhead, breakwater, and
gravel driveway to allow for the unloading, grading, and packaging of blue crabs. The three 100' by 5'
piers will extend along the east facing bulkhead to establish docking for 15 vessels. Water depths in the
pier area are approximately -4' NWL. An 8' wide overland dock along shore will allow for the unloading,
grading, and packaging of blue crabs. A 100' long breakwater with a 1" gap every 8" is proposed to be
located under the most downstream pier. The east facing area of the existing bulkhead will be replaced,
the existing boat ramp repaired, and gravel will be placed on the unimproved driveway. Duck Creek in
this area is classified SC NSW by the Environmental Management Commission, is subject to the Tar /
Pamlico Buffer Rules, and is designated a Primary Nursery Area (PNA) by the NC Wildlife Resources
Commission.
The NCWRC has reviewed the permit application with regard to aquatic resources and navigation
concerns. We do not believe the project as proposed will compromise the integrity of the PNA waters of
Duck Creek if the following conditions are included in permit issuance:
Mailing Address: Division of hiland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

CMDF_Fo tars Seafood
November 19, 2012
— All in- ter work must adhere February 15 — September moratorium. This will minimize
no' disturbance and elevaturb
idity levels during rtant spawning and juvenile fish
development periods. //
— The breakwater curtain proposed under the downstream most pier should not extend to the creek
bottom. A suspended curtain increases larval transport potential at the mouth of the system
restricted by the breakwater installation.
— Duck Creek is designated a PNA. Although we understand there is no dredging proposed at this
time, we would like to state that our agency would oppose any dredging not deemed
"maintenance" dredging by the NC Division of Coastal Management. This includes any future
dredging to accommodate larger vessels or any removal of sediment that may accumulate as a
result of the bulkhead curtain installation or pier structures.
We appreciate the opportunity to comment on this permit application. If you have any comments or
questions, please give me a call at [phone].
rD
RECEIVEDOV 21 2012
CM-MHDCITY

IN
Aga NOT A LAMA PERMIT
NCDEEIR
North Carolina Department of Environment and Natural Resources .
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 16, 2012
Foster's Seafood
Mr. Ernest F. Foster
220 Loop Road
Belhaven, NC 27810
DWQ Project # 12-1020
Beaufort County
Subject Property: Duck Creek Dock Project
Tar -Pamlico -River Basin, Duck Creek (TAR 07,
29-34-34-6; NSW, SC)
Approval of 401 Water Quality Certification (GC3900) and Authorization
Certificate per the Tar -Pamlico River Buffer Protection Rules (15A NCAC 213
.0259) with Additional Conditions
Dear Mr. Foster:
You have our approval, in accordance with the attached conditions and those listed below
to impact 0.034 acres (1,500 square feet) of open waters by shading for construction of 3
—100 foot long piers,100 foot breakwater attached to pier, 0,007 acres of fill for
bulkhead replacement, and installation of 8' by 290' boardwalk for used as staging area
for crabbing operations that will shade 2320 square feet of buffer as described within
your CAMA Major application dated October 24, 2012 and received by the N.C. Division
of Water Quality (DWQ) on November 1, 2012. It was noted that the unimproved
driveway is existing and placement of gravel will not count as buffer impacts or
additional impervious surface, The impacts described in your application are covered by
General Water Quality Certification Numbers) 3900 (GC3900). This Certifications) is
issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291
issued by the US Army Corps of Engineers (USACE). This Certification allows you to
use the CAMA Major Permit when the Division of Coastal Management issues it. This
letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0259 as a result of construction activities.
In addition, you should obtain or otherwise comply with any other federal, state and local
North Carolina Division of Water Quality Internet. www nowateraanlitv.ore
943 Washington Square Mail Phone; 252-946-6481 ne
Washington, NC 27889 FAX [phone] oAh{�/C�aprryollina
An Equal OpportunlVArfrmatIve Adon Employer-50% ReWAd110`% Post Consumer Paper NiatA(ral/Y

1
3iii"i: S i AIVIAJ A i
Faster's Seafood Dock Project
November 16, 2012
Page 2 of 3
requirements before you go ahead with your project including (but not limited to) erosion
and sediment control regulations and CAMA. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 or CAMA Permit.
This approval is 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. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No
other impacts are approved including incidental impacts:
Amount Approved
Units
Plan Location or Reference
Stream
(feet)
404/CAMA Wetlands
Waters
0.034 (acres) shading
0.007 acres fill
Plan Drawing 1 of 1
Buffers
2,320 (square ft.)
shading
"
2. Certificate of Completion
Upon completion of all work approved within the 401 Water, Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required
to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality,1650 Mail Service
Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3900.

..
Foster's Seafood Dock Project
November 16, 2012
Page 3 of 3
4. Work Moratoriums
The permittee is required to adhere to all appropriate in -water work moratoriums
(including the use of pile driving or vibration techniques) prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National
Marine Fisheries Service.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved water impacts), 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714.
This certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act and the Neuse riparian buffer protection rule as described within
15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of
the Washington Regional Office at 252-948-3940 or Karen Higgins of the Wetland,
Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807-6360.
Sincerely,
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Tracey Wheeler, Corps of Engineers, Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, David Moye, WaRO
DLR, WaRO
File copy
File:12-1020

03
FRA
-7kT-
/I�
"d A��C `� f '�i• � UrnbJ�
JJ. 1So1� ySr \A J.3
-A o•n.L -9
-ems,
\ It.
au ,l 4Aop nc o� F \ s•S.
�j or
l - OSr
2
f— ! ! t
PSl� , ooi+ , ogF
. p'rL. - , d5 - , e 5 -
pbz K
11 nM �Ia. L SL4 1 ap �e•n.e e• (7 '/l,-�•S QN
7 1,
-�dw. � � �•S Svc )'J�n�!"I
loIz,1-7z/Il ` 4"
yJ yC"•� o `,� - • ld-� W*` l.`Z O} V O b 4
•����U Uc-�oJ-o�T1 ��h�7E� dt�o svl-�.d� 1�.`]-bM
u
I
J »O�NO�
�
, �L•Z. -
r O•�-
�
,
� p•3 r
,�Z
srz _ I
,O-£-
,
or
f
i
I
r
575 _ 41•16
T
C. `AS :'L3
IV
ajO G
111111 •jaa+t>oj