DEN-William,Cox

.a
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Certified Mail
Return Receipt Requested
Mr. William F. Cox
Mr. Joseph A. Huber
P. O. Box 40
Atlantic, NC 28511
Dear Messrs Cox and Huber:
This letter is with reference t
Management Act (CAMA) to position
Cape Lookout National Seashore, just
ED E-H N R
October 23, 1995
your application for a permit under the Coastal Area
a 16' x 44' floating structure in Core Sound adjacent the
south of Drum Inlet, in Carteret County. Processing of
o
your application, which was received onApri130, 1996 and placed in abeyance due to a need for
more information from you on July 22, is now complete. Based on a coordinated state and Federal
agency review, the Division of Coastal Management has made the following findings:
1) The project site is classified as Estuarine Waters and Public Trust Areas of
Environmental Concern under the LAMA; Outstanding Resources Waters (ORWs)
by the Environmental Management Commission, and is open to shellfish harvest;
2) The work station for your proposed "maraculture clam operation" was determined
to be a "floating structure" and not a boat under a previousdeclaratory ruling
by the Coastal Resources Commission;
3) During the course of the application review, two state agencies and two Federal
agencies objected to siting the structure as proposed. These agencies included
the Division of Coastal Management, the Division of Marine Fisheries, the U. S.
Army Corps of Engineers and the National Park Service;
4) The Corps of Engineers has advised the Division of Coastal Management that the
required Federal authorization would be denied;
P.O. Box 27687, ��. FAX [phone]
Raleigh, North Carolina 27611-7687 NC.yA CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 g 50% recycled/10% post -consumer paper

Messrs Cox and Huber
Page 2
October 23, 1996
5) The proposal has been determined to be inconsistent with the Carteret County
Land Use Plan which provides that floating structures may be inhabited in one
place for no more than 15 days;
6) The proposed permanent mooring of a floating structure in Core Sound is
determined to be inconsistent with the following partial listing of the Rules of
the Coastal Resources Commission: T15A:07M.0603(a) which states that it is
the policy of the State of North Carolina that floating structures shall not be
allowed or permitted within the public trust waters of the coastal area, except
in permitted marinas; 07H.0208(a)(1) which requires that non -water dependent
uses not be allowed in estuarine and public trust waters; and 07H.0207 Public
Trust Areas --Management Objective is to protect public rights for navigation
and recreation and to conserve and manage the public trust areas so as to safe-
guard and perpetuate their biological, economic and aesthetic value.
Based on the foregoing findings, it is necessary that your application for a permit under
the CAMA be denied pursuant to N.C.G.S. 113A-120(a)(8) which requires denial in any case the
development is determined to be inconsistent with the state guidelines for Areas of Environmental
Concern or the local land use plan.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the Office of
Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within
twenty days of this decision on your permit application. A copy of the petition should be filed
with this office.
Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding
issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972
(CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days
of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is
(1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of
national security, and thus, may be federally approved.

Messrs Cox & Huber
Page 3
October 23, 1996
If you have any questions concerning this matter, please contact Mr. John Parker at
919/733-2293, P. O. Box 27687, Raleigh, NC 27611.
Sincerely,
R r . Schecter
RNS/aw
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Lieutenant Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington NC

Division of Coastal Management
Application Processing Notes
Applicant:
Deadline:
Date/Time: Message:

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❑ PLEAS. ANSWER
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A)
C)
APPLICANT: William F. Cox & Joseph A. Huber COUNTY: Carteret
LOCATION OF PROJECT: east side of Core Sound, near Core Banks & Cape Lookout National
Seashore
DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 30, 1996
FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES J(/N 2 8 C
CONSISTENCY DETERMINATION: Attached -
FIELD REPRESENTATIVE: Ted Tyndall
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED IN
PUBLIC NOTICE REC'D:
Gay,
f Fo T OFFICE: Moreheaad MANAGFA1EN?
�,FI�
g 1996
;^SAGEuIENT tF EREC'D:$ aso. (e4*y274)
D OFXd6& DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: /- 1�p ON: _ � —9 L
75 DAY DEADLINE: 7— 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE: ` 9
FEDERAL DUE DATE: % FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY v DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECT ONS
YES NO
NOTES
Coastal Management Dist. Office
Div. of Community Assistance
_
Land Quality Section
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Div. of Env. Management
XX
State Property Office
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Div. of Archives & History
Div. of Env. Health d 1 }
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Div. of Highways
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Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries

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MEMORANDUM
TO: John Parker
FROM: M. Ted Tyndall
SUBJECT: Field Recommendation for the William F. Cox and Joseph A. Huber CAMA
Major Permit Application -- Atlantic, Carteret County
DATE: June 11, 1996
I have reviewed the subject application in regards to the placement of a 16' X 44' two-
story floating structure in the Estuarine Waters and Public Trust Areas of Core Sound, an
Outstanding Resource Water. According to the application, the structure would be placed on
the east side of Core Sound immediately adjacent to the Cape Lookout National Seashore. As
proposed, the project is in direct conflict with 07M.0603(a) which states "It is the policy of the
State of North Carolina that floating structures shall not be allowed or permitted within the
public trust waters of the coastal area except in permitted marinas." In addition, the project is
inconsistent with the General Use Standards as found in 07H.0208(a)(1) which states that "Uses
which are not water dependent will not be permitted in coastal wetlands, estuarine waters, and
public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private
roads, factories, and parking lots are examples of uses that are not water dependent."
The project also appears to be inconsistent with the Management Objectives for Estuarine
Waters--07H.0206(c) and Public Trust Areas--07H.0207(c) as well as the Use Standards for
Estuarine Waters--07H.0206(d) and Public Trust Areas--07H.0207(d).
In addition, if the project is found inconsistent with DEM's applicable use standards for
estuarine waters and public trust areas which have been classified as Outstanding Resource
Waters; or if based on site specific information, it is determined that a project would materially
degrade the water quality of outstanding resource values, unless such degradation is temporary,
then according to 07H.0208(a)(5) "no permit required by the Coastal Area Management Act will
be approved".
Consequently, based on the above inconsistencies, I recommend denial of the permit.
CMANAGEMENT
cc: Charles S. Jones Preston P. Pate, Jr. Jeff Richter - COE, Wilmington

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Coastal Management
James B. Hunt, Jr., Governor r� -
Jonathan B. Howes, Secretary E) E H N F- 1
Roger N. Schecter, Director
May 3, 1996
MEMORANDUM:
TO: Kathy B. Vinson, District Planner
Division of Coastal Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William F. Cox & Joseph A. Huber
Project Location: east side of Core Sound, near Core Banks & Cape Lookout National Seashore,
Carteret County
Proposed Project: to place a 16' x 44' floating structure on the east side of Core Sound
Please indicate below your office's position or viewpoint on the proposed project and return this form by May
24, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-
7021. When appropriate, in-depth comments with supporting data is 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 project only if the recommended changes are incorporated.
See attached.
V_� This office objects to the project for reasons described in the attached comments.
SIGNEDcPrl/ U DATE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-L
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
REc4�E0
nv 30 1996

i
TO: John Parker
FROM: Kathy Vinson
SUBJECT: Consistency Determination, Major Permit Application,
William F. Cox & Joseph -A. Huber, Carteret County
DATE: May 24, 1996
Mr. Cox and Mr. Huber propose to anchor a 16' by 44' floating
structure in the waters on the east side of Core Sound
approximately 300' from Cape Lookout National Seashore. The
applicants intend to use the floating structure in the management
of a maraculture clam operation.
Areas of Environmental Concern (AECs) impacted by the proposal
include Public Trust Areas and Estuarine Waters. The waters of Core
Sound at the project location are classified as SA-ORW and are open
to the harvesting of shellfish. The area is not a Primary Nursery
Area.
I have reviewed this proposal for consistency with the 1991
Carteret County Land Use Plan (LUP) Update, as amended September
24, 1993, and offer the following comments.
Carteret County classifies the Estuarine Waters and Public Trust
Areas AECs as Conservation. The Land Use Plan references the
Resource Protection Policies and Resource Production and Management
Policies sections of the Plan for guidance regarding the County's
intentions for development in Conservation classified areas. Note
is made on Page III-2, Relationship of Policies and Land
Classifications, that when Conservation areas coincide, the more
stringent policies shall apply.
Relevant policies contained in the amended Land Use Plan include
Resource Production and Management Policies for Marine Resource
Areas (Page IV-11). In general, Carteret County supports the use
standards for estuarine and public trust areas, although several
more stringent local policies regarding development in these areas
are contained in the Plan.
Resource Protection Policies for Marina and Floating Home
Development are discussed on Pages IV-6 and IV-7. Carteret County
opposes the location of floating structures in all marinas, primary
nursery areas, outstanding resource waters, public trust areas, and
estuarine waters. Carteret County defines a floating structure as
any structure or vessel used, designed, and occupied as a permanent
dwelling unit; business, office, or source of any occupation or any
private or social club, which is primarily immobile and out of

navigation or which functions substantially as a land structure
while moored or docked on waters within county jurisdiction. The
Land Use Plan specifies that floating structures shall not be used
commercially or inhabited in one place for more than 15 days.
Resource Production and Management Polices for Aquaculture
Activities are discussed on Pages IV-9 and IV-10 of the Plan.
Carteret County considers aquaculture to be the cultivation of
aquatic plants and animals under controlled conditions. County
policies encourage all aquaculture activities which meet applicable
federal, state and local policies (as discussed in this section of
the LUP) and permit requirements. Applicable County policies state
support only for those aquaculture activities which do not alter
significantly and negatively the natural environment of coastal
wetlands, estuarine waters, public trust areas, natural heritage
areas, and freshwater wetlands that are shown on the Land
Classification Map of the LUP.
This proposal to anchor a floating structure in Core Sound for
commercial use appears to be inconsistent with the Marina and
Floating Home Development policies contained in the amended 1991
Carteret County Land Use Plan Update. As such, this proposal does
not meet the land use plan consistency requirements for issuance of
the, CAMA permit, nor does it meet other local policies contained in
the Plan. Therefore, this proposal also appears to be inconsistent
with the Aquaculture policies contained in the Land Use Plan.
Additionally, if a determination is made that the natural
environment of Public Trust Areas or Estuarine Waters will be
significantly and negatively altered, this project will appear to
be inconsistent in this regard also.
Please feel free to call if you need additional information.
CC: Preston Pate
Charles Jones
Ted Tyndall
Katrina Marshall

State North Carolina /
Department of Environment,
Health and Natural Resourc MAY 0 7 1996 F
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996 D
MEMORANDUM: MAY 0 7 D
1996
TO: Mr. A. Preston Howard, P.E., Director DIVISION O
Division of Environmental Management COASTAL M IggT
10 �(
FROM: John R. Parker, Jr. p5 JUIf R j� f
Major Permits Processing Coordinator cA0 �Ef4t 96
MANGFNT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William. Cox & Joseph A. Huber 9 g
Project Location: east side of Core Sound, near Core Banks & Cape Lookout National Seashore,
Carteret County
Proposed Project: to place a 16' x 44' floating structure on the east side of Core Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this form by May
24, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-
7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

• State of North Carolina
Department of Environment,
Health and Natural Resources AJ
•Division of Environmental ManagementrJames B. Hunt, Jr., Governor 1�
Jonathan B. Howes, Secretary p FEE N R
A. Preston Howard, Jr., P.E., Director
June 8, 1996
Mr. William Cox and Mr. Joseph Huber
P.O. Box 40
Atlantic, NC 28511
Project #960433
Carteret County
Dear Mr. Cox and Mr. Huber:
The Division of Environmental Management, Water Quality Section has reviewed your
plans to place a 16 foot by 41 foot floating structure into Core Sound for clam harvesting and
bagging. Furthermore, insufficient evidence is present in our files to conclude that your project
must be built as planned and still protect water quality in Core Sound. Therefore, we are
moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we
receive additional information, we are requesting (by copy of this letter) that the N.C. Division
of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to this project Specifically
how do you plan to handle the wastewater generated during use of this facility? If a pumpout
facility will be used, can this structure make regular trips to this site? If the sewage is pumped
to another vessel, a pump and haul permit would be needed DEM issues these permits as
temporary solutions to wastewater dilemmas - therefore we are unlikely to issue such a permit
in this case. Any documentation such as maps and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within two weeks of the date of this letter by sending a copy of this information
to me and one copy to Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal
Drive Ext., Wilmington, NC 28405-3845. If we do not hear from you in two weeks, we will
assume that you no longer want to pursue this project and we will consider the project as
withdrawn. I can be reached at 919-733-1786 if you have any questions. �p
R£cel
July V, ED
cc: Wilmington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
John Parker, DCM
960433.nty
Division of Environmental Management • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govern or
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
1� � "
�A
IDEHNF=1
September 20, 1996
TO: John Parker, Division of Coastal Management
FROM: John Dorn
RE: Division of Water rosepph
comments
William F. Cox and A. Huber project
Carteret County
DWQ # 960433
The Division of Water Quality has no objection to the
issuance of a CAMA permit to Mr. Cox and Mr. Huber for their
floating structure in Core Sound. The concerns expressed in my 8
June 1996 letter concerning wastewater disposal will be
adequately addressed when Carteret County issues a permit to this
project to handle the wastewater and dispose of it onshore.
Please call me at 733-1786 if you have any questions.
960433.mem
cc: Jim Gregson, Wilmington DWQ Regional Office
Mr. William Cox and Joseph Huber
Mr. Roger Melville, Carteret County
Central Files
s�P2s Grp
Mq AGf�F T*
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunhy Atfirmafive Action Enployer 50% recycled/10% post consumer paper

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FROAi: Jtdr] Parker, Ir.
\Uior Permits Processin,; Cuu'dinator
UL'JI:C 1 . CAN1-- lA)1ZFDCE & I -'IL t Permit Application Res ies
;PPL.ICAi\T: \1, iinm F- Cu>JJoticph Huber
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Jul' 20, 1996 iS �otl have an'. • .. ' CjttE stlur:: r: �3'c1:17- tie or•.;PC�cL C; O):::• ••i �3.::' . -�,,. � •�_.'� �. ..
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. '��SJ►tti�c�,tia
TO:
Linda Sew all
FROM.
Pat F'owle''r -'
DATE:
May 31, 199ti
SUBJECT
CANIA Applir..,u«n Rcvtew
County
J V;,
Wilharn F Cox and Joseph A Fluhcr Carw,,t
Rcview of the subjecl ptojr,�[ rldi:ares the need for additiunal infomiatior, legarnlrng tau
111Sl hart':'..`} %%aae, both gre) water ; si:Tk :ui,_' shoxers) and sewage iheadt. Imp. oiler �.!i ,.:iw,u..
would a1lc� ;!tl h writers adjacent ar the floating structure (houseboat) Prior to h!!iricr
_omiderad(Nul of th, >ubject project the fcAowing que,tions need to he auswcred.
1 f law rw,h waste can be coiitained in the holding ta,10
1, What is the length of tirrie th:; holding tank will �ondnue to accept waste prv.�r 1u
pumplag'
3 What 1; ;1!e exact means of pumping the holding tank'
4 What vehick (vc„el) will he used for transferring the waste >ho:,-
�. What is the method tha! will be used to wash the clams'
a
6 ExactlY h;t, will discharge of waste at the site tte prevented age vov, ,%i,: c ,a
improper d1S..hargc 01'waste''
7 Doe% the rpphcant intend for the '01-Utiog St:vcture" ti, be a �Cfullcd taciiiu"
Post it cea taate F, 1 ►
� From
r
Cc. NI 'Fed Tyndall
F-ors a F• :rye • �_�___�
lSa � Jw

State of North Carolina
Department of Environment,
Health and Natural Resources
DNision of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996
WA
AFTx� I
�EHNF1
TO: Mr. Bruce L. Freeman, Director i�
' _ _ ,
Division of Marine Fisheries ; ^ s. ° r - -----
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA% GE &FILL Permit Application Review ~ RECEIE� Q J( j $' 1996
Applicant: William .Cox & Joseph A. Huber CID MANA AL
co
Project Location: east si of Core Sound, near Core Banks & kout N Seashore,
Carteret County < c
Proposed Project: to place a 16' x 44' floating structure on the east side of Core Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this form by May
24, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-
7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
/ incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED= DATE o� t ► I c�.i IR
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier Bl 1-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
[DFEE HNF=?L
06 June 1996
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: Bruce Freeman, Director
Division of Marine Fisheries
SUBJECT: CAMA/Dredge & Fill Permit Application for
William F. Cox and Joseph A. Huber
I have reviewed the comments provided by the District Manager and/or
Biologist Supervisor and concur with their recommendation(s).
(initial)
Director
Deputy Director
Planning & Analysis Supervisor
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of -Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
11 A II6:GtlWa
TO: John R. Parker, Jr.
Major Permits Processing Coordinator
FROM: P.A. Wojciechowski� .
SUBJECT: CAMA/DREDGE & FILL Permit Application
William F. Cox and Joseph A. Huber
A/, 0 •
[DEHNFi
23 May 1996
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
N 41VE0a
JU14 7 1996
W:AKAL
P!' NAGEP.1ENT
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
6 June 1996
TO: John Parker
FROM: P.A. Wojciechowsk�i "
SUBJECT: CAMA/DREDGE & FILL Permit Application
William F. Cox and Joseph A. Huber
I have completed my review of the subject application. The following comments are
provided for your consideration. The placing of this non -water dependent structure over and in
public trust waters is clearly contrary to T15A: 07H .0208(5). This structure would degrade SA
and ORW waters by causing a permanent shadow of 740.sq. ft. of bottom. In addition, the project
area is two or three feet at MHW and it is obvious that this structure cannot float in water with
only two or three feet at high tide. The shaar weight will cause this structure to sink in the mud,
thus permanently usurping public trust areas. In addition, this Division concurs with the findings
of the Coastal Resources Commission that this is a structure defined in 11 3A-1 03(5)(a) and is not
a boat/vessel as defined in 113A-103(1)(a). Consequently, this Division recommends that this
permit be denied.
PAW/jjh
permasftber
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

MEMORANDUM
To: Ski Wojciechow i
From: Louis Daniell� 31 "
Subject: Cox and Mtiber app ication
Date: 3 June, 1996
The following -comments -by the North Carolina Division of Marine Fisheries (NC DMF)
are provided pursuant to General Statute 113-131.
The NC DMF recommends denial of the proposed project to place a
16' x 44' floating structure on the east side of Core Sound. Notwithstanding the
obvious impingement upon public trust waters and the structures detriment to the
aesthetics of the area, the placement of this structure in these waters, listed as open
to shellfishing and SA ORW, will render the 704 ft2 unproductive. It is reasonable to
assume that a 16'x44' structure will draft more than the existing 2' of water.
Consequently, any shellfish or other resource existing under the structure at the time
of deployment will be sacrificed. Further, the annual productivity of this bottom,
measured in the reproductive output of the stationary residents (e.g., oysters and
clams) will be eliminated. Finally, shading, of the area surrounding the structure will
result either in the loss of existing submerged aquatic vegetation (SAV) or prevent its'
colonization into this previously suitable habitat.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996
MEMORANDUM:
TO: Chuck Harris
Cape Lookout National Seashore
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
1\ •
r�IL
IDFEE HNR
01)
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William F. Cox & Joseph A. Huber
Project Location: east side of Core Sound, near Core Banks & Cape Lookout National Seashore,
Carteret County
Proposed Project: to place a 16' x 44' floating structure on the east side of Core Sound
Please indicate below your office's position or viewpoint on the proposed project and return this form by May
24, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-
7021. When appropriate, in-depth comments with supporting data is 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 project only if the recommended changes are incorporated.
See attached.
_ This office objects to the project for reasons described in the attached comments.
SIGNED tlL 1 DATE '07C�
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 2B557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

J
United States Department of the Interior
NATIONAL PARK SERVICE
Cape Lookout National Seashore
131 Charles Street
INUPwRerearo: Harkers Island, North Carolina 28531
COMMENTS ON FLOATING STRUCTURE ADJACENT TO
NATIONAL PARK LANDS IN CORE SOUND
The National Park Service prefers that the structure not be placed in Core Sound,
adjacent to the park boundary.
Although we are not in a position legally to prevent the placement of the structure
adjacent to the park, our goal is to reduce the number of structures on the banks.
This reduces pollution, allows the public greater use of their property and
improves the aesthetics of the area. Experience has shown us that floating
structures/houseboats significantly impact the areas around and proximate to the
anchoring point. Debris drifts ashore, holding tanks are pumped overboard and
roads are made for vehicle access to the water.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
I k I' I Ilk
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
IDFEE HNF1
Maya, 1996 F
CTK774.
D
MAY 0 7 1996
Mr. Charles Gardner, Director
Division of Land Resources
John R. Parker, Jr.
Major Permits Processing Coordinator
DIVISION OF
COASTAL MANAGEMENT
CAMA/DR/EDGE & FILL Permit Application Review
I
William F., Cox & Joseph A. Huber
east side of Core Sound, near Core Banks & Cape Lookout National Seashore,
Carteret County
Proposed Project: to place a 16' x 44' floating structure on the east side of Core Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this form by May
24, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at 19 726-
7021. When appropriate, in-depth comments with supporting data is requested. Q
1
�° RE ENED
AY141996
REPLY: This agency has no objection to the project as proposed. MAHA EVENT
This agency has no comment on the proposed project. +4
This agency approves of the project only if the recommended c
9 ges are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED / DATE /VAS /0,
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 29557 Courier kl 1-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Mate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 31, 1996
lu I slu COI'VIVI I106I
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1"
IDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: William . Cox & Joseph A. Huber
PROJECT LOCATION: Near ore Banks & Cape Lookout National Seashore, Carteret Co.
PROPOSED PROJECT: To place a floating structure on the east side of Core Sound.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 31,1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed m 4f4i,2�F��FO
�/ Cpp 1 1 T
This agency has no comment on the proposed project. MANACFMEryT
This agency approves of the project, only if the
incorporated. See attached.
This age yjob'cts,11,the project for reasons described in the attached comments.
Signed Date S C ��
P.O. Box 27687. N`� FAX [phone]
7.
Raleigh, North Carolina 27611-7687 1, o CAn Equal Opportunity/Afflrmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

4oState of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996
TO: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
C) FE FIt'
MAY 0 7 1996
DIVISION OF
COASTAL MANAGEMENT
SUBJECT: CAMA/DR/EDGE & FILL Permit Application Review
Applicant: William V�Cox & Joseph A. Huber
Project Location: east side of Core Sound, near Core Banks & Cape Lookout National Seashore,
Carteret County
Proposed Project: to place a 16' x 44' floating structure on the east side of Core Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this form by May
24, 1996. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-
7021. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
/ This agency objects to the project for reasons described in the attached comments.
0
SIGNED
DATE S a
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier Bl 1-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

tsTia�eo�
North Carolina
Department of Commerce
James B. Hunt, Jr., Governor
S. Davis Phillips, Secretary
MEM0RAK15 k'',S(03��� O
�v
,Crr
MAy 1 g
T0: John R. Parker, Jr.
FROM: Tom Cassell lj��.C/ GOAS�AL1pIlANpGEMENT
DATE: May 10, 1996
SUBJECT: Applicants: William F. Cox & Joseph A. Huber; Core Sound
I recall that there was a declaratory ruling by the CRC at its last
meeting that the applicant's proposal was not a floating structure.
If that is true then it must be boat. I question whether it is a boat.
In any event, the state should not permit a floating structure or a boat
to be permanently moored away from a pier or marina in public trust waters
indefinitely.
Division of Community Assistance
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845
Telephone [phone] • Fax [phone]
E-Mail: [e-mail]
An Equal Opportunity Affirmative Action Employer

­V
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 10, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
� WA :ja
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: William C & Joseph A. Huber
r
RECEEIVEO
JUN 7 1996
CJASIAL
MANAGEMENT
PROJECT LOCATION: Near Core Banks & Cape Lookout National Seashore, Carteret Co.
PROPOSED PROJECT: To place a floating structure on the east side of Core Sound.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 31,1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
(It This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed Date
P.O. Box 27687. N�`CFAX 919-733-1495
Raleigh, North Carolina 27611-7687 � An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 60% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 10, 1996
MEMORANDUM
A1, WX
.0
EDEHNFR
TO: Mr. Charles R. Fullwood, Jr., Director ♦� 12 f
Wildlife Resources Commission +
Attn: Habitat Conservation Program RECEIV O
MAY 221996
FROM: John Parker, Jr. COMM
Major Permits Processing Coordinator MANAGEMENT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
9
APPLICANT: William . Cox & Joseph A. Huber
PROJECT LOCATION: Near Core Banks & Cape Lookout National Seashore, Carteret Co.
PROPOSED PROJECT: To place a floating structure on the east side of Core Sound.
Please indicate below your agency's position or viewpoint on the proposed and return this form by May
31, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-
2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed / 6khg LII;iDate 5- ZI -910
Ncw7C
May 21, 1993
P.O. Box 27687, Nt
� C FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal FAX
Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

r AL
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 31, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
WxV
AFT4
Nor,
ED FEE H N
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: William . Cox & Joseph A. Huber
PROJECT LOCATION: Near Core Banks & Cape Lookout National Seashore, Carteret Co.
PROPOSED PROJECT: To place a floating structure on the east side of Core Sound.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 31,1996. If you have any questions regarding the proposed project, please contact Jo
733-2293. When appropriate, in-depth comments with supporting data are requested. U A
FILULIK
REPLY This agency has no objection to the project as proposed. JUN 27 AL
� Y J P J P Po COAJrAL
\ T MANAGEMENT
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
incorporated. See attached.
Ibis agency objects to the project for reasons described in the attached comments.
Signed f Date (o Z6 f I
P.O. Box 27687,
1�y.
Nr� C
FAX [phone]
Raleigh, North Carolina 27611-7687
An Equal Opportunity/Affirmative Action Employer
Voice919-733-2293
�
50%recycled/ 10%post-consumer paper

a
W
I
DIV*COASTAL*MGMT* TEL: [phone] Mar 14,97 7:10 Mo.001 P.02
V /
floating structure or vessel is primarily immobile and out of
navigation or which functions substantially as 'a land structure
while moored or docked on waters within county' jurisdiction.
Floating structures shall not be used commercially or inhabited
in one place for more than 15 days.
(c) Carteret County opposes marina construction or expansion in
coastal wetlands and primary nursery areas, and opposes upland
marina construction with access channels connected to primary
nursery areas. Coastal wetlands that have volunteered within
upland marinas shall be exempt from this policy. Carteret
County will allow access structures not exceeding six feet In
width to be constructed above coastal wetlands for the purpose
of providing access to marinas which otherwise meet state
standards.
(d) Carteret County opposes the construction of docks or piers with
more than four boat slips in primary nursery areas. One dock or
pier with four or less slips used for residential purposes or
purposes directly related to commercial fishing shall be
allowed per parcel of land which borders a primary nursery
area. Waterfront parcels of land with more than one --quarter
mile of shoreline bordering a primary nursery area shall be
allowed one dock or pier with four or less slips for
residential purposes or purposes directly related to commercial
fishing within every one -quarter mile (1,320 feet) of shoreline
along the primary nursery area.
(e) Carteret County's policy for marina construction in ORW waters
or ORW estuarine shoreline shall be consistent with the state's
management strategies of ORW designated regulations. In Back
Sound, no new marinas will be permitted. In Core and Bogue
Sounds, only upland basin marinas meeting 15 NCAC 7H use
standards will be permitted. Docks and piers will be allowed.
(f) No marina associated dredging will be allowed through active
shellfishing areas or subaquatic vegetation. When dredging
through coastal wetlands is essential for access to upland
marinas, as provided' for in 15A NCAC 7H, the County requires
replacement of lost wetland areas with mitigation at a lml
ratio.
(g) Carteret County will allow construction of dry stack storage
facilities for boats associated either with or independent of
marinas. All applicable zoning and subdivision regulations
must be satisfied. Water access to dry stack storage
facilities should not disturb shellfishing areas or subaquatic
vegetation.
Development o£ Sovnd and Estuarine Islands: The county encourages
public purchase and conservation of sound and estuarine islands which
have been identified by the North Carolina Heritage Program as
important natural area locations. These areas are identified on the
Fragile Areas Map, Map lo, and the Land Classification Map,
IV-7

DIV*COASTRL*MGMT* TEL: [phone] Mar 14,97 7:10 No.001 P.03
Cultural/Historic Resources:
(a) Carteret County shall coordinate all housing code enforcement/
redevelopment projects with the N.C. Division of Archives and
History, to ensure that any significant architectural details or
buildings are identified and preserved.
(b) Carteret County will coordinate all county public works projects
with the N.C. Division of Archives and History, to ensure the
identification and preservation of significant archaeological
sites.
Industrial impacts on Fragile Areas: Except as may be expressly
allowed elsewhere in this plan, no industrial development of any type
shall be located in lands classified as coastal wetlands, fresh water
wetlands, and Natural Heritage Areas,
Miscellaneous Resource Protection
Package Treatment Plant Use: Carteret County wishes to reduce the
number of point source pollution discharges and have sewage treatment
systems within the county centralized. However, the county will not
oppose the construction of state -approved package treatment plants in
areas not provided with central sewer service. The county supports
more effective monitoring by the state of the operation of package
treatment plants. This policy shall not prohibit the discharge of
waste into wetlands.
If any package plants are approved by the state, Carteret County
supports requirement of a specific contingency plan specifying how
ongoing private operation and maintenance of the plant will be
provided, and detailing provisions for assumption of the plant into a
public system should the private operation fail. operational plans
should also address elimination of package treatment plants when the
System owner elects to connect to a central sewer system.
Marina and Floating Home Develooment: Marinas are considered to be
any publicly or privately owned dock constructed to accommodate more
than ten boats, as defined by 15 NCAC 7H.0208(b)(5). Docks and piers
are defined by 15 NCAC 7H.0208(b)(6). Carteret County will enforce
the following policies to govern floating homes and marina develop-
ment:
(a) Carteret County considers boating activities an extremely
important part of its tourist industry and overall economy.
Subject to the policies stated herein, the county does not
oppose the construction of marinas.
(b) Carteret County opposes the location of floating structures in
all marinas, primary nursery areas, outstanding resource waters,
public trust areas, and estuarine waters. Floating structures
are defined as any structure or vessel used, designed, and
occupied as a permanent dwelling unit, business, office, or
source of any occupation or any private or social club, which
IV-6

Institute of Marine Sciences
919/726-6941
FAX: [phone]
.
0
THE UNIVERSITY OF NORTH CAROLINA
AT
CHAPEL HILL
19 February 1996
Mr. Preston Pate
Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557
Dear Pres:
The University of North Carolina at Chapel Hill
7421 Arendell Street
Morehead City, North Carolina 28557
I write on behalf of Mr. Joe Huber, an aquaculturist from
Atlantic who is experiencing a problem with LAMA. Mr. Huber is a
shellfish aquaculturist, who grows clams, oysters, and scallops
on his shellfish leases in Core Sound. He has run his
aquaculture operations for the past several years by using his
shellfish lease on the Atlantic shoreline of Core Sound. To make
appropriate use of his new lease near the Core Banks shoreline,
he has designed and constructed a boat on which he will conduct
the clam grading (sizing), cultivating, counting, and packing and
with which he can safely transport the seed clams to the lease
and the marketable clams from the lease.
In my opinion as a scientist who has done research on clam
aquaculture and ecology at the University of North Carolina for
20 years, the success of shellfish aquaculture at this new lease
site is absolutely dependent upon the ability to use this
specially constructed boat to work that lease. The lease is too
far distant from the shoreline base of,operations in Atlantic to
permit effective operations from that developed shoreline and
there is no vehicular access except by water.
I have served on Governor Martin's Blue Ribbon Panel on
Aquaculture and on the recent Blue Ribbon Advisory Council on
Oysters. Both of those panels urged the state to facilitate
rather than to stifle aquaculture as one means of taking
advantage of the potential wealth of the coastal seas in North
Carolina. The effective use of specially designed aquaculture
boats like that of Mr. Huber's is utterly necessary to make use
of water column leases for aquaculture, which is the intent of
the leasing program. I have served as a member -of the North
1

Carolina Marine Fisheries Commission for two terms beginning in
1986. I also serve as Vice Chairman of the Environmental
Management Commission and Chair of its water Quality Committee.
Each of these commissions has responsibility for protecting the
public trust resources of this state. In my judgement, Mr.
Huber's use of the specially designed aquaculture boat is
entirely consistent with the protection of public trust resources
and absolutely necessary to the intended use of the shellfish
lease and water column lease granted to him by the state of North
Carolina and for which he pays 500 dollars per acre per year.
I urge you to help Mr. Huber obtain a fair and reasonable
response in his quest to determine that his aquaculture boat is
indeed a boat in accordance with CAMA rules.
Sincerely,
Charles H.'Peterson
Professor of Marine Sciences
Vice Chairman, EMC
Commissioner, MFC

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
Mr. Preston Pate
Division of Coastal Management
P. 0. Box 769
Morehead City, NC 28557
Dear Pres:
/F.: ,
`���
E:)FEE HNF10
February 7, 1996
Joe Huber has asked that I write to you concerning his need to
have a work station near his Core Sound shellfish lease during
certain periods for shellfish planting and harvesting activities.
While most shellfish aquaculturists would prefer to have their
growout operations close to their homes and businesses, the
continuing closure of shellfishing waters near developed areas and
loss of shellfish leases due to those closures is forcing shellfish
growers to seek remote areas. Also, the intensive culture
techniques developed for hard clams involves substantial 'handling
during planting and harvesting activities. The clams are often
sorted according to size and separated for better growth. Due to
the very high numbers of clams involvedjmoving the product back and
forth across large distances for grading purposes would he highly
inefficient. The ability to move a work station into the area is
therefore very important to these intensive shellfish operations.
Joe Huber currently holds a seven acre lease on Core wanks and
has applied for ten additional acres in the same area. Mr. Huber
plants hard clams on the existing lease at the rate of about 1
million clams per acre. As you can see, several million clams
could be handled during one operation.
I hope this letter helps to show the need for work areas in
remote hard clam cultures operations.
J
Sincerely,
/' l 44_
Michael D. Marshall, Chief
Resource Enhancement Section
MDM/bj
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled( 10% post -consumer paper

' DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William F. Cox and Joseph A. Huber
2. LOCATION OF PROJECT SITE: Carteret County, near Core Banks and Cape Lookout National
Seashore, east side of Core Sound
Photo Index - 1995: N/A 1989: N/A
State Plane Coordinates - X: 2,792,600 Y: 402,900 Atlantic Quad "UL"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 1996 (on structure in Atlantic)
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - April 30, 1996 RECEIVED
Office - Morehead City
6. SITE DESCRIPTION: MAY 0 i" �c
(A) Local Land Use Plan - Carteret County 1991 Land Use Plan as amended CULATORV ggAP1CY
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Self contained holding tank
(F) Type of Structures: Existing - None
Planned - 16' X 44' floating structure
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Open waters of Core Sound
704 fO
(C) Other
(D) Total Area Disturbed: 704 ftZ
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicants propose to place a 16' X 44' floating structure on the east
side -of-Core-Sound.

FIELD INVESTIGATION REPORT:
WILLIAM F. COX AND JOSEPH A. HUBER/CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project'Setting
Mr. Joseph 'A. Huber leases 7 acres of public. bottom on the east side of Core
Sound from the State of North Carolina for the purpose of cultivating shellfish. Mr.
Huber also has a lease for use of the water column superjacent to the bottom for the
purpose of increasing the productivity of shellfish culture on that leased bottom. The
lease bottom/project site is located approximately 300' from Cape Lookout National
Seashore. The waters 'of- Core -Sound at the project site have been classified SA' ORW., <'
According to the applicant, the water depths range between -2' and -3' below .MHW..
Obviously, the area is open to shellfishing.
Project Description
The applicants propose to place a 16' X 44' floating .structure in the waters of
—Core -Sound.. The two-story, structure has a first -story floor area of 704 ft2 built upon a
wooden,platform�attached to. nine, 12' X 3' pontoons'(see- attached photographs). The.
.!secon& floor -has- 180-ftZ of living;. space. The structure i's:of,woodframe'.construction-
with a front and back, doors and 14 windows. There are,lioth front and back porches'
on the structure. The', interior includes a vinyl linoleum 'tile floor .covering, a kitchen
containing wooden cabinets, wood grain countertops, a double stainless steel sink, and
a full-size refrigerator. The structure is wired for electricity and includes a ceiling fan
in the middle of the living room. A wooden staircase leads to the second floor. Two
rooms are located upstairs just off the upstairs hallway. The applicant states that there
are self contained tanks with pumpouts equipment on the structure.
The applicants propose _ to anchor the- floating structure inside the water column
lease and harvest_ the clams. The clams would be brought aboard'tl a floating structure
for grading, counting, and bagging. And according to the applicant, the structure
would allow for year around operation as well as provide for 24-hour security at the
- remote site.
Anticipated Impacts
The placement of the floating. structure in the Estuarine Waters of Cote Sound
would usurp a minimum of 704 ftz of Public, Trust Area.,.The structure_ would infringe
upon the public bust rights and provides for -the potential: of.discliarges-.into the Public
Trust and Estuarine Waters of Core Sound. Italso appears that -the placement of the
structure- adjacent to the Cape Lookout National Seashore would have an adverse -affect
on the aesthetics of this natural area.
M. Ted Tyndall - Morehead City Office - May 2, 1996

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v

Form DCM-MP-1
APPLICATION
CTo be completed by all applicants)
b. City, to commumt�orlandmark
I.. APPLICANT
c: Street address or secondaryroad number
a., Landowner:
Name N. C.
Address
City
Zip
Fax
Day Phone
State
b. Authorized. Agent:- _...
Name 7'c,c-.e /J h I¢, ifvb-er
Address 11 Ian
P 0. 13 n x
City kT a n �; r_ State Al.C.
P'y)22- 5 -2C7/
Zip 2 9'1' Day Phone 22 5 - 8 0-%/
Fax q / q 2.2 5-- 2y 7/
c. Project name (if any) C� U . 1, o rj
NOTE: - Permit will be issued in now of lmdaxner(s), and/or
.. . Project name. ..
2. LOCATION OFTROPOSED._
:. PA -C _.... t.
a. County. ( a ;_AeY-e 7t--'
d. Is proposed work within city, limits or planning
jurisdiction? Yes _X— No
e. Name of body, of water nearest project, (e.g. river„
creek, sound, bay) Fast
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. .List all development activities you propose (e.g.,
building a home, motel, marina, Bulkhead; pier;, and
excavation and/or filling activities: -
lSla C,e W f 1r+aii 2% 2?0-C &1-
. (';:;46 : h f-h p r i..
rn." Sounr/
b. Is the proposed activity maintenance of an existing
project, new work, or both? - /t/r c✓
c. ` Will the project be for public, private or commercial
use? C o 117 )ri ✓)- r• ; rw /
d. Give a brief description of purpose, use, methods of
construction and -daily operations of proposed
project.':If _ more space is needed, please attach
additional pages:
5 .e .e : i-1-r h K, .e r,
Revised 03195
�aa�a»a

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS.,,,,-,,...
a. Size of entire tract-'
b. Size of individual lot(s) _./, A
C. 'Approximate elevation of tract above MHW or
NWL —Zl -/. -3' ,'i.I/dw -e#/V
d. Soil 'type(s) and textnre(s)"of tract.` ;
/V...
e. Vegetation on tract fi(• �%•
f. Man-made features now on tract V e n •t'
9-:"What is the. CAMAS, Land-' 'Use Plan" -land
classification' of the site?'(Consult the loml land idi ph=.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
/VOgG
i. Is the proposed project consistent with.the applicable
zoning? X Yes No
(Attach zoning wnvU ice certificate, !'applicable) .
j. Has a professional archaeological assessment been
done for the tract? Yes X_ No
If,yes, by whom?
-----
Jr. Is the -project locatein .a National. Registered
Historic- Distnct -or does _ it..,involve, a .National
Yes L2�_ No
L Are there wetlands o_n the site. Yes_ X No
If yes, —has a delineation been conducted?
(Aiach daeiirrnfction, ijmmlaNe)
m. Describe existing wastewater treatment facilities.
Tu- -g I LLS -e / .= Cc M-fa ,1, n,/
' o2 AME71L
n. Describe location and type of discharges to waters
of the state. " (For example, surface runoff,'sinitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharrges.)
--_ar�a;17 eA/a+�Jr 7 r, rnBf
i d �. f-r v 42
G ;Vy , _%i��gll�rd� row/ Svc/[!/.
o. Describe existing drinking water supply source.
Alm orb.
5. ADDMONAL.INFORMATION
Iri--addition fo 'the completed application- form, the
following items must be submitted:
A copy of,the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the .applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims-Aitle, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink -on an 8 112" by IV white paper. (Refer -to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
"prints'or'otlidk' iger plats`are acceptable-only'if'an
adequate nuiribe;`of;qualiiy copies are:pro`vided by`
applicant. (Contact, the U.S. Army -Corps of
Engineers regarding that agency's use of larger
"drawings.) -A site or location map is a part of plat
requirements and it'must be sufficiently detailed to
guide agency perso area to the
(�� APR 3 0 1996�+�

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been'provided.
6. CERTIFICATION AND PERMBSION -
TO ENTER ON LAND ' -=
I understand that any permit issued in response to this
application will allow only the development described in
the.application. The project will be subject to conditions and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
Name Cart 1,,Z oC,4 s$ur-e— I certify that I am authorized to grant, and do in fact,
Address /I/ C%ar4-r-9. hL-6.r Tr/e d.4uc zgys/fit permission to representatives of state and federal
Phone 919- 2 Oro- / Ve9 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name
Address. `
Phone
Name
Address
Phone,
�. A list of previous state or, federal permits issued for
work,on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250,made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) -to cover the costs of processing the
application.
• A signed - AEC hazard notice for projects in
oceanfront and inlet areas.
A statement of compliance with the N.C.
Environmental_Policy-Act,:(N.C.G.S. 113A - 1 to
10) If the project involves:the expenditure of public
funds or ° use of - public - lauds, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
.permit. application and follow-up monitoring of the
project.
I further certify that the ,information provided in this
application is -truthful to, the -best of my knowledge.
This is the 2 S day. of .1 1 , 19LIL4. -'
Print N Az/,C�t,
Signatur �II v�r
tcndowrter or Authorized Age#
Please indicate attachments pertaining to -your proposed -
project-
DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
DCM MP4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM;MP-6 . Marina Development
NOTE. : Please,sigdarid d&i4acie:attachment hi' the
spaceo ' ed at the bottom of each form.
�j A r .
APR 361996
Revised 03/95

Form DCM-MP4
STRUCTURES
(Constru'ctioh`within P_UfiA �Tnist Areas)
Attach this form to Joint Application for CAMA Major e.
Mooring buoys N/
Permit, Form DCM-MP-1. Be sure to complete all
(1) _ Commercial _Community Private
other sections of the Joint Application which relate to
_
(2) Number
this proposed project.
(3) Description of buoy
(Color; inscription, size, anchor, etc.)
a. Dock(s). and/or Piers) ,/Ir�i°} - _
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width of water body
(4) Width
(5) Distance buoy(s) to be placed beyond
(5) Finger Piers _ Yes . _ No
shoreline
(i) Number
(H) Length f.
Moori_n_g structure (boatlift, mooring pilings, etc:).
m Width
_.,__ _ _..._ ___
W " _ Com_mercial _Community _ Private
(9 Platform(s) Yes, _ No
(2) ` Number _
(i) Number -
(3). Length /3 ;._ . .
(ii) :..Length..
(iii) Width
(7) Number of slips proposed g.
_
Other (Give complete description,
(8) Proximity of structure -to adjacent riparian
/
P /a c .e c. / G �✓ %0%2 B�
property lines
/
(9) Width of water body
S 4-r o r•f t o
(10) Water depth at waterward end of pier at
i_ u r < <, Cer e Sec„s�
MLW or NWL
b. Boathouse (includingcovered lifts) A/A
T 1
V '
(1) Commercial Private
(2) Length
"Lvuct. h 00 't
(3) Width
Applicant or Project Nar6e
c. Groin u sheetpile, etc.) IVIA
Signature
Number
(1) Number .
(2).._Length(s)
T
Date
d. Breakwater (e.g.* wood, sheetpile;
(1) Length
(2)` Average, -distance fromMHW;^'NWL•'o'r-
,wetlands .,
r
(3) Maximum distance beyond MHW, NWL- or -
wetlands -
�j APP, 3 0 i296
--------------- ^- *`

Description of Floating Structure:.
Pr000sea by
joseoh -A.. Huber
'William F. Cox
April'25, 1996_ .
To help manage a maracuiture clam operation an shellfish
leases near Core Banks approximately rive miles south west
of Atlantic, NC we.have built a floating work station. The
structure consist -of a covered wood frame 16' wide by 44'
long mounted on 9 stainless steel floats 12' long by 4'
wide. The structure has approximately 650 square feet of
work area including a galley and head. It has an upper
level area of 180 square feet for supplies storage and
sleeping area. There are 224 square feet of covered front
and rear decks for outside work areas.
Our lease site is suite remote -'and only accessible by water.
When clams are harvested they will be taken aboard this-,
workstation for grading, counting, and bagging. -''The grading
ooeration.seoarates out the clams that are too small for
market. These clams will be put back an tine iease for
additional -growth. The workstation -on -,the lease site will
allow a year around operation so that we can take advantage
of the premium winter market and will eliminate the long
trip_ to the mainlana ana basic to the lease for replanting
the undersize clams-. This lengthy exposure, traveling to
the mainland and back, can be quite harmful to the clams in
winter. he work station will also allow us to provide 24
hour security, which is expectea to be needed on this remote
site.
The work station will be anchored inside a -column lease.
This.column lease, when applied for, had this work station
shown on the application. This lease i.s inside a T acre
bottom lease and has a water depth of approximately 2'-3'.
The work station will not hinder navigation or any use of
the. public trust more than allowed by the column lease.
bc042506[ - In
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APR 3 0 i996
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jj CHARTS & tiAPS
''
UPPE i SUPPI-IES
STORAGE
CKI
COY/HIJOER
S-1 RU'NUIRE
FLOOR PU,,N
DATE: 4/29/96
SCA-E:10" =50'
PF)GJECT NAME:
QUAHOG

C 0 X /14) Bl--- R
S TRUCTUR ---
LF-ASE SITE
DATE A./29/96
SCALE 10"" = 1500'
PROJECT: GLIAHOG
ZI 1. 1.) -
LEF)SE 9201
COLUMN LEASE
STRUCTURE
32 0' 0
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n

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF June 12, 1996
Regulatory Branch
Action ID No. 199603457
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of William F. Cox for a Department of the Army
permit to construction of a floating two story structure over approximately
704 square feet of shallow open water in Core Sound, near Core Banks and the
Cape Lookout National Seashore, Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend denial of authorization for this project because the
presence of a floating structure such as this would constitute an obstruction
to navigation with regards to Section 10 of the River and Harbor Act of 1899,
(33 U.S.C. 403). we generally do not authorize non -water dependent structures
over navigable waters of the United States, out of a concern for the
cumulative impacts of such structures to the navigable capacity of those
waters.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
JUN 12,VEY
44 Wf ENT

Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. .Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557

a 6�.
FXPI.YTO
ATTFNTIDN OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA28102.1880
I" 4au a3 ICA(o
Regulatory Branch 11 � ` 11 `
`qCk (�-1 _ Applicant laJ'%O.M CO -.A C'.Y� Jose HJ1�(�
Action ID. /� 0 (1
Waterway l O(`2, SOv� County Co,(`kecCT Type Work
Mr. Larry Hardy
National Marine Fisheries.
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Field Supervisor
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
post office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, oceans and Watersheds Branch
U.S. Environmental protection Agency
345 courtland Street
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Caroiih3 Department of
,Environment, Health and
Natural Resources
post office Box 27687
Raleigh, North Carolina 27611-7687
Imc. -30ne.5
( Aor(.he ck C } Regional office
Division of Coastal Management.. -
North Carolina Department of
Environment; --Health and
Natural Resourc
?0';k' Oj' c_iL
�oreheod C;�tirl NC 73551
pursuant to Action ID No. 198000291, the LAMA -Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your 'comments and/or
recommendations would be appreciated on or before ,,)c.e. 1k-A (,P
Questions or comments may be addressed to I'�-r 1'-�,c)M+cr —I
Regulatory Branch, Lj, +"^ Field office, telephone (ORO) 7,51- 4La3io -
Sincerely,
Jeffrey= H.' Richter r'
•Pro'j'ect"Manager."� ? ::. --. :
Wilmington Regulatory. Fie]
A
Enclosure
o, 4, 996

.. Y
r _

La
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY To
ArrENnON OF May 30, 1996
Regulatory Branch
Action ID No. 199603457
Mr. William F. Cox
Post Office Box 40
Atlantic, North Carolina 28511
Dear Messrs. Cox and Huber:
On February 11, 1991, we renewed general permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received May 13, 1996, for Department of
the Army authorization to construct a floating two story structure over
approximately 704 square feet of shallow open water in Core Sound, near Core
Banks and the Cape Lookout National Seashore, Carteret County, North Carolina,
indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will
be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act,
has been assigned Action ID No. 199603457. It will be coordinated by the
undersigned in our Wilmington Field Office. I may be contacted at telephone
[phone].
Enclosure
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Y
RECEIVED
JUN 4 1996
cuki :Al'
MANAGEMENT

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

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
sty (0 i
May 27, 1997
Mr. Bill Cox
Cox Clam Farms
PO Box 40
Atlantic, North Carolina 28511
Dear Bill:
�,' •W
EL
IDEH R
RECEIVED
OCT 0 3 1997
COASTAL MANAGEMENT
I and other members of my staff have reviewed the plans dated April 15, 1997 (copy
attached) for converting your floating structure to a boat. We have determined that if built
according to those plans the product will be a boat for purposes of applying permit requirements
of the Coastal Area Management Act.
Please do not hesitate to contact me if you need to discuss this matter further.
Sincerely,
Preston P. Pate, Jr.
Assistant Director
cc: Roger Schecter
Charles Jones
Robin Smith
Amy Gillespie
CAM- -/y
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 N`� 1 An Equal Opportunity / Affirmative Action Employer
�
Voice 919-808-2808 FAX [phone] Courier 11-12- 09 , C1 50 Xb recycled / 10% post -consumer paper

COX CLAM FARMS
630 Seashore Dr.
PO Box 40
Atlantic, NC 28511
Phone: [phone]
May 5, 1997
Preston P. Pate, Jr.
DEHNR
Hestron Plaza II, 151 B
Highway 24
Morehead City, NC 28557
Dear Pres:
Fax: [phone]
According to our March meeting and your letter of March 24, 1997, I am fording to you the
revised plans for our houseboat. As these plans indicate we plan to radically modify the entire
structure, doing away with the stainless steel floats, replacing the upper deck with a pilothouse
and adding an inboard engine with its propeller and shaft in a tunnel for shallow water operation. .
The new hull of the boat will be constructed of 3/4" plywood totally fiberglassed on the outside.
The hull will have a pointed bow and 4" of dead rise. The pilot house will consist of the steering
helm, engine controls, navigational gear and space for record keeping. We have moved the fresh
water storage from under the kitchen cabinets on the main deck to under the main deck in the
hull. We have relocated the crew sleeping quarters to the main deck.
These modifications will give the vessel a much more "nautical' look and with inboard power it
should clearly fall in line with the Divisions definitions of a houseboat.
Please let us have your decision as soon as possible or let me know if you have any questions.
Thank you.
Sincerely,
William F. Cox
bc05O5O7
0

Rear Elevation
ront Elevation
Cox and Huber
Houseboat Revisions
Project
QUAH❑G
Date: Scale:
4/15/97 10.3" = 55' 6 112'

17" E

Plan View

State of North Carolina
Department<of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 23, 1995
poe.
Certified Mail
Return Receipt Requested
Mr. William F. Cox
Mr. Joseph A. Huber
P. O. Box 40
Atlantic, NC 28511
Dear Messrs Cox and Huber:
A 'OIV
1DEHNR
This letter is with reference to your application for a permit under the Coastal aisa
Management Act (CAMA) to position a 16' x 44' floating structure in Core Sound adjacent the
Cape Lookout National Seashore, just south of Drum Inlet, in Carteret County. Processing of
your application, which was received onApril 30, 1996 and placed in abeyance due to a need for
more information from you on July 22, is now complete. Based on a coordinated state and Federal
agency review, the Division of Coastal Management has made the following findings:
1) The project site is classified as Estuarine Waters and Public Trust Areas of
Environmental Concern under the CAMA; Outstanding Resources Waters (ORWs)
by the Environmental Management Commission, and is open to shellfish harvest;
2) The work station for your proposed "maraculture clam operation" was determined
to be a "floating structure" and not a boat under a previous declaratory ruling
by the Coastal Resources Commission;
3) During the course of the application review, two state agencies and two Federal
agencies objected to siting the structure as proposed. These agencies included
the Division of Coastal Management, the Division of Marine Fisheries, the U. S.
Army Corps of Engineers and the National Park Service;
4) The Corps of Engineers has advised the Division of Coastal Management that the
required Federal authorization would be denied;
P.O. Box 27687, Nir
� FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-229350% recycled/10% post -consumer paper

Messrs Cox and Huber
Page 2
October 23, 1996
5) The proposal has been determined to be inconsistent with the Carteret County
Land Use Plan which provides that floating structures may be inhabited in one
place for no more than 15 days;
6) The proposed permanent mooring of a floating structure in Core Sound is
determined to be inconsistent with the following partial listing of the Rules of
the Coastal Resources Commission: T15A:07M.0603(a) which states that it is
the policy of the State of North Carolina that floating structures shall not be
allowed or permitted within the public trust waters of the coastal area, except
in permitted marinas; 07H.0208(a)(1) which requires that non -water dependent
uses not be allowed in estuarine and public trust waters; and 07H.0207 Public
Trust Areas --Management Objective is to protect public rights for navigation
and recreation and to conserve and manage the public trust areas so as to safe-
guard and perpetuate their biological, economic and aesthetic value.
Based on the foregoing findings, it is necessary that your application for a permit under
the CAMA be denied pursuant to N.C.G.S. 113A-120(a)(8) which requires denial in any case the
development is determined to be inconsistent with the state guidelines for Areas of Environmental
Concern or the local land use plan.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the Office of
Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within
twenty days of this decision on your permit application. A copy of the petition should be filed
with this office.
Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding
issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972
(CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days
of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is
(1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of
national security, and thus, may be federally approved.

J
Messrs Cox & Huber
Page 3
October 23, 1996
If you have any questions concerning this matter, please contact Mr. John Parker at
919/733-2293, P. O. Box 27687, Raleigh, NC 27611.
RNS/aw
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Lieutenant Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington NC
Sincerely,
R r . Schecter

46 o,awiW1i,n9zQnoj.arr1cLCt ; 1-1a-W-1 i a:5i38;16M ANSAVA-
Reg. Branch- USACE-Rag Branch:* 2
i�
r
William F. Cox
PO Box 40
630 Seashore Dr.
Atlantic, NC 28511
919 225-8891
Juuuani 7,1997
Mr, Clifford H. Winefordaer
C Hef .Permits Procesain3 Section
L S, Arm•i E i8bleer Dis trier, Wilmington
Pt) Box 1 ASP
Vrdmingtrt NC284C1
L',rar Mr. W nefordner:
T hank you very much fer the time you and Jeff Richter spent with me in your office today
d ,cussing our peirnit application. (Your Action ID No, 199603457)
YOU suggested that l wxi to you a detailed letter describing our operation and the need we
h.vz to use oUr vessel on our lease in Core Sound.
My partner, Joe Huber, and I are conducting a clam mariculture operation on a seven acre
le..,.se on the East side ;,f Core Sound approximately three miles from our home base in
Al lxl-ic. This is the only lease on the East side of Core Sound and is quite remote. It is,
h: wt var, prucably Hie Ir>st location as far as water quality, depth, and bottom type in our
in imediate x-ea for raising hard clams. At the present time we have an inventory of
a -proximately four m0lion clams planted on this lease .ranging in age from a few months
to just over tbraa years. These clams have a market value of approximately $600,000,
They are reasonably well protected from natural predators by the netting that is put over
tlo:om "'lien they are planned, but they are completely venerable to human predators by theft
or disturbing the bottom with outboard motors which damages the protective netting and
k:s.ving tt,i, clams exposed to thejr natural predators.
R :alizing (1s, exposure problem from the beginning, a house '_._e.t or work station was
s: owti on tho lase sir; ntap on the original tease application. A.Rer the lease was granted
c--nstruction on this house boat was begun in the winter of 1993. Nearly two ,years later,
v,'tcn the honseboat was nearing completion. CA -NIA issued a stop order claiming that we
t" ::re build -, a floating structure. We petitioned the Coastal Resources Commission for
a t intzrpre v,, ruling on whether our vessel was a house boat or a floating structure. The
C l:;C niled (7 to 5) tht:t i t was a floating structure. We then made application for a major
C tvL4. peirtit to launch a floating struett v. We were told by CANIA before we ever
fil,,d The a.:phcation That it would be denied, but we then could go back before the CRC
a id petition fbr a vatic:uc:e, This petition is scheduled to be heard by the CRC on the 23 rd
of Tamara. '' 997.

§ENT-BY:�Vilmington District 1-17-97 8:39 USAGE -Reg. Branchy ;# 3
UV BY:Wilrington ]:.strict 1— 8-87 i 8:53 :IBM APTIVA USACE—Rag. Branch:# 3
Lnaring the normal cots. of the application process the Corps of Engineers made their
hovestigatico a,td recommended denial of authorization in a letter from Mr. Jeffrey H.
P ichter on June 12, 1996. Because we believe that The Corps was +sot aware of all the
f n:ts in this case 1 would like to bring them to your attention in this letter and respectfully
nN.luest'thar' ou reconsider your recommendation and remove your Objection to this
a plication.
Our vessel is not a dwelling and will not be used as such. It is a commercial work
station where we will be grading,_ counting and bagging calms harvested from the
lease, Our vessel could be considered very similar to a dredge that is moved to a
place for a time to do work and then moved to another location. We have
accouttr;.odaiions for sleeping a crew of rivo, a head, shower, and kitchen, The
vctssa is totally self contained with holding tanks for both gray water and brown
water. No overboard discharge of waste water will be allowed out of concern for the
envirotirnant as vjel'f as our clams. We have a letter from the US Coast Guard
approving our plan to properly dispose of waste water.
?. The ve ;sel will be rsed only on the one acre column lease which is inside the seven
More letrse i 9201. The vessel will not be permanently moored in any one place but
will be moved from time to time to the Atlantic safe harbor marina where we have
made application ft:r dock space. The vessel will be powered by two outboard
motors mounted on brackets on the rear of tits vessel.
3. Our lease 94201 is between two pound nets licensed to Leonard Goodwin which
exiend fiom the s here outward for more than a thousand yards. Our vessel will be
inside the column lease, It will not pose more of a navigational hazard than is
allowed by the m6i of a column lease or pound net. The Corps has recently issued a
permit to a company on Harkers Island in the clam mariculttue business to construct
a fence around a s:veral acre column lease. This fence, or "structure", around this
column ]case cot:.ld be considered the same as our vessel. They boot will be used for
predator control.
4 Sint there is no Iti,gh ground available near the lease to use as a work area. A work
station an the tease is necessary for our success because we plan a year around
operation to take advantage of the prime winter market when harvesting in the more
northern markers is prevented due to ice. When tic clams are harvested and graded
many of the clatr. s txe too small for market and must be replanted on the lease. If the
clams 1,ad to be transporrtrd to the mainland for this grading operation and then back
to the ]case for replanting many would die due to exposure to below freezing
rempcmitures, Having a temperature controlled area so that we can select the
warme:;r time of the day for tram -porting and replanting is vital to a winter time
operation.
As statiod above ive have thousands of dollars worth of inventory in clams on our
lease that are e\p,os,_d to vandals, thieves, and the accidental damaging of the
protective netting, by outboard .motors. The work station, on site, is quite necessary

SENT •B)Y Wilmington District 1-17-97 I 8.40 USAGE -Rog, Branches :# 4
'RCV BY! W fII ngton 7i,strIct 1— a-97 8:55 :IBM AFTIVA USACE=Reg. Branch;# 4
to deter the vandals and thieves, and it will allow us to have a twenty' four hour per
day wa t:il for other accidental damage to our site,
6. Our ,,easel has US Coast Guard documentation, NC Wildlifa numbers, and a
commercial tishPlg license.
lr, Winefordner, I apologize for the length of this letter but I wanted you to have all 11W
information Should you need more information or find anything not clear, please let me
Llow.
sincerely,
V, illinm F, ('0K

Ufa _
A
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P. G. BOX 629
RALEIGH
27602-0629
REPLY TO: Amy R. Gillespie .
Environmental Division
[phone]
[phone] FAX
February 4, 1997
Mr. Cliff Winefordner
Chief, Permits Processing Section
U.S. Army Corps of Engineers Wilmington District
P.O. Box 1890
Wilmington, North Carolina 28402 A
RE: Cox and Huber Floating Structure
Dear Mr. Winefordner:
I have received a copy of the January 7, 1997 letter Mr. William Cox sent you in support
of his application for a Corps permit for placement of his floating structure in the waters of Core
Sound. On behalf of the North Carolina Division of Coastal Management (DCM) I would like to
explain the interest the State of North Carolina and DCM have in Mr. Cox's project.
As you know, in addition to the Corps of Engineers' Section 10 permitting authority, the
State Coastal Area Management Act (CAMA) regulates placement of floating structure in the
public trust and estuarine waters of the State. CAMA defines a floating structure as "any
structure, not a boat, supported by a means of floatation, designed to be used without a
permanent foundation, which is used or intended for human habitation or commerce."
Mr. Cox and his business partner, Joe Huber, petitioned the Coastal Resources
Commission for a Declaratory Ruling as to whether their structure was a boat or a floating
structure.
The structure in question is of wood frame construction, with wooden paneling on the
interior and T-111 exterior plywood siding on the outside. It measures 44 feet long, 16 feet wide,
and 14 feet high at its highest point. It is built upon nine stainless steel foam -filled pon
which measure 12 feet long, four feet wide, and three feet high. The structure has frot}_t�11�
RETVEO
1997
(:ilASPA
An Equal opportunity / Affirmative Action Employer KFEB
MANAGtMfNT

" Mr. Cliff Winefordner
Page 2
February 4, 1997
doors and 14 windows. Three wooden posts support a roof covering a six foot wide deck on one
end, and four wooden posts support a portion of the upper floor covering an eight foot wide deck
on the other end.
The interior of the structure has a first floor living area of 480 square feet and upstairs
living area of 256 square feet, including a three foot wide railed balcony. The structure also has
a bathroom. A banistered wooden staircase leads from the first floor living area to the upstairs
balcony. The first floor includes a kitchen with vinyl flooring, two sets of wooden cabinets, a
double stainless steel sink, and a full size refrigerator. The structure is wired for electricity and
includes a ceiling fan on the first floor. See attached photographs of the structure's interior and
exterior.
After examining photographs of the structure, reviewing stipulated facts and written
argument, and hearing oral argument, the Coastal Resources Commission determined as a matter
of law that the structure is a floating structure under CAMA. This March 1996 decision was not
appealed.
Mr. Cox and Mr. Huber then applied for a CAMA Major Development Permit to
authorize placement of the structure on their shellfish leases in Core Sound near Shackelford
Banks. The leases are approximately 300 feet from the Cape Lookout National Seashore.
During the Major Permit Review process, DCM received an official comment from your office
objecting to placement of the structure on the grounds that it would constitute an obstruction to
navigation under Section 10 of the Rivers and Harbors Act. The letter went on to state that the
Corps generally does not authorize non -water dependent structures over navigable waters of the
United States, out of a concern for the cumulative impacts of such structures to the navigable
capacity of those waters.
In addition to objection letters from two other state and federal agencies, the project is
inconsistent with the Carteret County Land Use Plan and with the Coastal Resources
Commission's regulations which provide that floating structures are not allowed in the public
trust waters of the State except in permitted marinas; and that non -water dependent uses are not
allowed in estuarine and public trust waters. DCM denied the permit request. Mr. Cox and Mr.
Huber have requested a Variance from the Coastal Resources Commission to authorize
placement of the structure on their leases despite its inconsistency with the Commission's Rules.
This matter is on the Commission's agenda for its March 1997 meeting.
The CRC's rules developed out of several policy concerns. One is the usurpation of
public trust waters. As you know, North Carolina's public trust doctrine provides that the waters
of the State are not the property of any individual but are held in trust for the public for the
traditional public trust uses of boating, fishing, swimming, hunting, and the like. The State is
concerned that floating structures will occupy public trust waters long-term or permanently, thus

Mr. Cliff Winefordner
Page 3
February 4, 1997
preventing use of those waters by the public. There are also concerns about sewage disposal,
aesthetics, and cumulative impacts. As the competition for scarce coastal resources grows, there
will be increased desire to use public trust and estuarine waters for non -water dependent uses,
such as habitation and various businesses. We have already experienced individuals wishing to
use floating structures as hunting camps and storage areas for fishing gear.
CAMA's distinction between boats and floating structures is very important. Boats,
which are not subject to DCM regulation, do not present the same risks of long-term occupation
of public trust waters. While houseboats can be anchored in one place for some period of time,
they are intended for and used primarily as a form of transportation. In contrast, floating
structures have a primary purpose other than transportation and do not have viable means of
propulsion. They therefore run the risk of permanent or long-term placement on the State's
waters. In this particular case, Mr. Cox's stated use for the structure is not for transportation but
for a warm shelter in which to process clams. He has also stated that a purpose of the structure is
to provide on -site, overnight supervision to deter vandalism. As you can see from the attached
photographs, the structure is equipped for long-term, round-the-clock habitation.
Mr. Cox has stated that the structure will be used on the lease sites. It may be moved
several yards, from one portion of the lease to another, but it is designed to remain, stationary, on
those leases. In this sense it is unlike a dredge, which of course is moved whenever the particular
dredging project is completed. Furthermore, a dredge is necessary to complete a dredging
project. Mr. Cox's structure is not a necessary structure to service his shellfish leases. Mr. Cox
could easily use a boat to work his leases, as other commercial fishermen do. A boat would
provide adequate interior workspace for clam processing while providing sufficient mobility to
ensure that it would not be permanently or semi -permanently located on the site.
Mr. Cox's structure is very different from fishing gear like pound nets or even fences.
First of all, as mentioned, it is not essential to the mariculture operation. A fishing boat would
serve Mr. Cox's purposes. Secondly, these types of gear require permits from the Division of
Marine Fisheries and are subject to the determination that they do not obstruct navigation. In
contrast, the floating structure is nothing but a house on pontoons. It would constitute a
substantial obstruction to navigation and set a dangerous precedent for floating homes and
marine businesses.
DCM is skeptical about Mr. Cox's intention to equip the structure with a motor. Even if a
motor were attached to the structure and some navigable ability achieved, it is clear that the
primary purpose of the structure is not as transportation but as a stationary work area. The use
of a stationary work site, which is not designed for nor capable of transportation, runs an
unacceptable risk of long-term or permanent occupation of public trust waters.

Mr. Cliff Winefordner
Page 4
February 4, 1997
Thus far, we have succeeded in removing floating structures from the State's estuarine
and public trust waters. We have appreciated the Corps' assistance in previous floating structure
cases, including an affidavit from Wayne Wright that a similar 16 x 16 foot house on pontoons
would likely not receive a Section 10 permit. I am also attaching United States v. Boothby, 16
F.3d 19 (1 st Cit. 1994), which is another case in which the Corps denied a Section 10 permit for
houseboats that were permanently moored in Puerto Rico's La Parguera Bay.
Thank you for considering DCM's concerns.
Very truly yours,
04)046-1
Amy R illespie
Assistant Attorney General
cc w/o attachments: Brooke Lamson
Roger Schecter
Preston Pate
o46hn Parker

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, tow
communi}�or landmark
C.OJ'� 15olrl �(5
1. APPLICANT
a. Landowner:
Name Sfw I` -2 0; N. C .
Address
City _
Zip
Fax
Day Phone
State
b. Authorized AgPent:
\4/ li a r" T o X
Name 7 v « 1.2 b l¢, �f,
Address PCB /3 a X "hO
City #-�lan r- State Al. C.
Py%22.5 -2C7/
Zip 2 9' jl Day Phone 22 5-- 8 8 Y/
Fax q l q 22 5-- 2 v 7/
c. Project name (if any) a ri a. 1, a d
NOTE: Perrrut will be issued in name of la do r(s), aid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Ca Y7 -P Y 1
c. Street address or secondary road number
Ar A
d. Is proposed work within city limits or planning
jurisdiction? Yes ---K_ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) E" s t 5 :Cle Core ,SOUMq/
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
FICAC -e G 4/riedLyg StrC'c 2�-
r..: ' 64 % h f y� vu C.4, v s 04
_ra." Sounr/
b. Is the proposed activity maintenance of an existing
project, new work, or both? /1/r c✓
c. Will the project be for public, private or commercial
use? C o 41 m ✓r c Ja /
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project.' If more space is needed, please attach
additional pages.
Revised 03/95
�wws�aai»ti

w�sM...r.r�.. n ♦ - .... s•MMt
zee..—.,.+'\;�..�...' fe f`�-'fl-'^:.
-• �

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract i acr< rye fro« /-eate,
b. Size of individual lot(s) (� ✓�•
c. 'Approximate elevation of tract above MHW or
NWL — Z ( •t( 3 ' 61 /eJ MNW
d. Soil type(s) and texture(s) of bract
/V . /{
e. Vegetation on tract N • /�•
f. Man-made features now on tract A/ a n t
g. What is the CAMA Land Use Plan land
classification of the site? (Consub the local rand use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? _ CX Yes No
(Attach zoning ca rliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom?
k. Is the project located in a National Registered
Historic- District, or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? _ Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Mach documentation, if available)
m. Describe existing wastewater treatment facilities.
Ta f a l l \/ + l- C o t04a ,`+, a,/
old;ti�_t nN4c Uy6L
1 11 a.f r r
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
(Al a r-, r 4 r, Mr'a 0
0 1.d,4, v
�� m5-12�mr-rlS r,4so Kd.
o. Describe existing drinking water supply source.
Al(� H
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency perso area to the
APR 3 0 19%
t �J

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
Name Ca nc L 004 oc/�- Nal;ohgJ S.4 ftiar-e-- I certify that I am authorized to grant, and do in fact,
Address /3 / ' CXapler Sf. Uc z8j / grant permission to representatives of state and federal
Phone 9r9- 2 ye. /Vo9 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address project.
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 2 5- day of r; Z , 19-1-4.
Print NanW /t U; / , wm_ R. o i
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
DCM MP4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment to the
spacegoydedathe bottom of each form.
APR 3 6 1996

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
e. Mooring buoys Al/
Permit, Form DCM-MP-1. Be sure to complete all
(1)
_ Commercial _Community _ Private
other sections of the Joint Application which relate to
(2)
Number
this proposed project.
(3)
Description of buoy
a. Dock(s) and/or Pier(s) �1A
(Color, inscription, size, anchor, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4)
Width of water body
(4) Width
(5)
Distance buoy(s) to be placed beyond
(5) Finger Piers —Yes _ No
shoreline
(i) Number
(ii) Length
f. Mooring
structure (boatlift, mooring pilings, etc.)
(iii) Width
(1)
_ Commercial _Community _ Private
(6) Platform(s) Yes _ No
(2)
Number
1Y/'9
(i) Number
(3)
Length
(ii) Length
(4)
Width
(iii) Width
(7) Number of slips proposed
g. Other (Give compte,e description)
(8) Proximity of structure to adjacent riparian
P
w
property lines
/
(9) Width of water body
S 4-r c rf
(10) Water depth at waterward end of pier at
r,e SoreV
MLW or NWL
b. Boathouse (including covered lifts) A114
T
V
I
H cis{ r (.v' C O X
(1) Commercial Private
(2) Length
"t
V cc h D P/ t i
(3) Width
or Project N e
Applicant or
c. Groin (e.g. wood, sheetpile, etc.) /Vfq
Liant
�
L( —
Signature
(1) Number
(2) Length(s)
—T
V Z2 2-Ie1 G
Date
d. Breakwater (e.g. wood, sheetpile, etc.) ^/%
(1) Length /
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
................. ......�...
y

Description of Floating Structure
Proposed by
Joseph A. Huber
William F. Cox
April 25, 1996
To help manage a maracuiture clam operation on shellfish
leases near Core banks approximately five miles south west
of Atlantic, NC we have built a floating work station. The
structure consist of a covered wood frame 16' wide by 44'
long mounted on 9 stainless steel floats 12' long by 4'
wide. The structure has approximately 650 square feet of
work area including a galley and 'head. It has an upper
level area of 180 square feet for supplies storage and
sleeping area. There are 224 square feet of covered front
and rear decks for outside work areas.
Our lease site is suite remote and only accessible by water.
When clams are harvested they will be taken aboard this
workstation for grading, counting, and bagging. The grading
operation separates out the clams that are too small for
market. These clams will be put back on the lease for
additional growth. The workstation on the lease site will
allow a year around operation so that we can take advantage
of the premium winter market and will eliminate the long
trip to the mainland and back to the lease for replanting
the undersize clams. This lengthy exposure, traveling to
the mainland and back, can be quite harmful to the clams in
winter. The workstation will also allow us to provide 24
hour security, which is -expected to be needed on this remote
site.
The work station will be anchored inside a column lease.
This -column lease, when applied for, had this work station
shown on the application. This lease is inside a 7 acre
bottom lease and has a water depth of approximately 2'-31.
The work station will not hinder navigation or any use of
the public trust more than allowed by the column lease.
bc042506
APR 10 iM
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BATTERY
b!ATE12 STORAGE
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iCHARTS & MAPS
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COX /kIU BE R
STRUCTURE
LEASE SITE
DATE 4.✓c'.9/96
SCALE 101.' = 1500`
PROJECT: GUAHLIG
i

✓,
State of North Carolina FTWMXVAWA
Department of Environment,
Health and Natural Resources 4
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary [DE H N R
Roger N. Schecter, Director
October 23, 1995
Certified Mail
Return Receipt Requested
Mr. William F. Cox
Mr. Joseph A. Huber
P. O. Box 40
Atlantic, NC 28511
Dear Messrs Cox and Huber:
This letter is with reference to your application for a permit under the Coastal Area
Management Act (CAMA) to position a 16' x 44' floating structure in Core Sound adjacent the
Cape Lookout National Seashore, just south of Drum Inlet, in Carteret County. Processing of
your application, which was received onApril 30, 1996 and placed in abeyance due to a need for
more information from you on July 22, is now complete. Based on a coordinated state and Federal
agency review, the Division of Coastal Management has made the following findings:
1) The project site is classified as Estuarine Waters and Public Trust Areas of
Environmental Concern under the CAMA; Outstanding Resources Waters (ORWs)
by the Environmental Management Commission, and is open to shellfish harvest;
2) The work station for your proposed "maraculture clam operation" was determined
to be a "floating structure" and not a boat under a previous declaratory ruling
by the Coastal Resources Commission;
3) During the course of the application review, two state agencies and two Federal
agencies objected to siting the structure as proposed. These agencies included
the Division of Coastal Management, the Division of Marine Fisheries, the U. S.
Army Corps of Engineers and the National Park Service;
4) The Corps of Engineers has advised the Division of Coastal Management that the
required Federal authorization would be denied;
P.O. Box 27687, ��� FAX [phone]
Raleigh, North Carolina 27611-7687 N�Cfi An Equal Opportunity/Affirmative Action Employer
Voice 919-733-229350% recycled/ 10% post -consumer paper

Messrs Cox and Huber
Page 2
October 23, 1996
5) The proposal has been determined to be inconsistent with the Carteret County
Land Use Plan which provides that floating structures may be inhabited in one
place for no more than 15 days;
6) The proposed permanent mooring of a floating structure in Core Sound is
determined to be inconsistent with the following partial listing of the Rules of
the Coastal Resources Commission: T15A:07M.0603(a) which states that it is
*the policy of the State of North Carolina that floating structures shall not be
allowed or permitted within the public trust waters of the coastal area, except
in permitted marinas; 07H.0208(a)(1) which requires that non -water dependent
uses not be allowed in estuarine and public trust waters; and 07H.0207 Public
Trust Areas --Management Objective is to protect public rights for navigation
and recreation and to conserve and manage the public trust areas so as to safe-
guard and perpetuate their biological, economic and aesthetic value.
Based on the foregoing findings, it is necessary that your application for a permit under
the CAMA be denied pursuant to N.C.G.S. 113A-120(a)(8) which requires denial in any case the
development is determined to be inconsistent with the state guidelines for Areas of Environmental
Concern or the local land use plan.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the Office of
Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within
twenty days of this decision on your permit application. A copy of the petition should be filed
with this office.
Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding
issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972
(CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days
of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is
(1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of
national security, and thus, may be federally approved.

Messrs Cox & Huber
Page 3
October 23, 1996
If you have any questions concerning this matter, please contact Mr. John Parker at
919/733-2293, P. O. Box 27687, Raleigh, NC 27611.
Sincerely,
R r . Schecter
RNS/aw
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Lieutenant Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington NC

State of North Carolina
Department of Environment,
Health and Natural Resources 4 • •
Division of Coastal Management _ A
James B. Hunt, Jr., Governor r�
Jonathan B. Howes, Secretary C) E. H N F1
Roger N. Schecter, Director
DIVISION OF COASTAL MANAGEMENT/MAJOR PERMITS PROCESSING UNIT
FACSIMILE
TO:
OFFICE:
FAX #:
FROM:
# PAGES:
(including cover sheet)
COMMENTS:
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

William F. Cox
PO BOX 40
630 S. Seashore DR.
Atlantic, NC 28511
919 225-8891
May 29, i996
Mr. M. Ted Tyndall
DEHNR
PC Box 769
Morehead City, Nu 28557
Dear Ted:
MAY u ©
Concerning our application for a permit to launch our
floating structure and your question as to what we were
going to do with our waste water. Please be advised that we
have a macerator pump on board to pump out the holding
tanks. The waste will be pumped into a tank on one of our
other boats and brought to the mainland. There we will pump
the waste into an approved septic tank on'my property or
into a marina sewage system depending on which is most
convenient at the time.
i would appreciate you would providing me with a copy of
your field report and copies of the comments from the
reviewing agencies.
i trust that this is the information you requested, if not,
please advise.
Sincerely, (j
William F. Cox
bcO52906
X Qe . Jo1�N P o.Rke�

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
July 22, 1996
Mr. William F. Cox
Mr. Joseph A. Huber
P. O. Box 40
Atlantic, NC 28511
Dear Messers Cox & Huber:
IIIIF
[DEHNR
This letter is with reference to your request for a permit under the Coastal Area
Management Act to locate a clam processing station or floating structure in Core Sound, adjacent
Cape Lookout National Seashore, in Carteret County. Processing of the application is nearing
completion, but it is my understanding at this writing, information is necessary from you on
waste treatment at the station before the Division of Environmental Management and the
Division of Environmental Health -Shellfish Sanitation Branch, can complete their review.
Based on the above agency request and under the Rules of the Coastal Resources
Commission, it is necessary to place processing of your application on hold. Please advise this
office at the same time you provide the above -mentioned agencies with the information
requested.
Should there be any question on this action, do not hesitate to contact me.
Very sincerely,
Jo . Parker, Jr.
Major runts
Processing Coordinator
JRP Jr/aw
cc: Ted Tyndall
DCM-Morehead City
P.O. Box 27687, 7`y� C FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687 N�
Voice 919-733-2293 10016 post -consumer paper

I FHbNE No. 919 225 2071
I
William iN. COX
PO box 40
bJQ �,. I�eashilre DR.
Atlantic, NC 2bbll
919 225-6691
FAX [phone]
Fa to:
Aug. 27 19
FAXed b/27/9ti
4 Pages
John parker (DCM-Haluigh) (919) 7;53-1496
Jim Lreyu�tt (L2:M-Wilmington) [phone]
.7uliii R. Dorney (L M-f<aleigh) (918) 733-t+96.+
Pate (L)UM)--Morehead City) (910) 2a7-jj:so
Reference: William x. Cox and Joseph Huber of Atlantic, iv_.
UAMA major permit application to launch 1"loating structure,
Project #9b0433.
Write water, disposal plan:
Please see:
Letter :rant William F, Cox to U. S. Goast Guard bi5ta
dated -august 2, 1996.
Letter' from U. b. Upast MSU dated August 20, i996.
Please be advised that DIP. Roger Melville of the Carteret
Vu. Envirorrmenta: Healtt� Office has advised me that my
tteptic tank has t�ren ir,sprc��u and approved for the dispusa.i
of this waste water ai;d tua't a Per -in -It wall Le issued thin,
week.
trust that tills 1, al.,:,e ir.fcj ?mar,ott yc:u neeoed to
proceed wi ti, our appiictsti :, nt ante,
Sincerely,
William F. Vox
bc0u;e706
L

PHONE No. : 919 225 2071 Pug.27 1996 10:24
William F'. Cox
t'U box 40
630 S. Seashore DR.
Atlantic, 14(J 288JJ
919 225-6891
August i, 1996
Commanding Officer',
united States coast Guard
Marine safety Oiiicc
272 N . b rOrlt :.it. , :iui 1'H 5OCt
Wi LnS.n�atnn, NO 2tl401-3i307
Dear Sir:
Thia letter• it; written follow-up on a uurhversatiox, witih your
Sirsryl ulmutud on Wednesday July 31, 19NG.
Joseph A. Huber and 1, both of Atlantic, M.; are the owners
Of vessel U.5. Ooast Guard #1040086. We have filed a
request for a permit to launch and semi -permanently moor
this veusei on a column Shellfish lease in Core Sound under
the UClablcai Area iianagement Act. 'r'ihe vessel will be used for
a commercial uheiifish operation. The Livisiun of
Environmental 1✓arhagement arid the Division of Envitunmental
Health -Shellfish Sanitatiun Branch have requesLeu
information on how we plan to dispose of tihe waste water
Lcum this vessel. There is no marine waste pump -out station
within 3U miles which makes it not practicabie to move the
vessel each time pump -out is required. Our plan is as
follows:
Zile vessel is built compieLeiy self contained and will n()t
discharge waste wafer overboard. It han two 43 gallon
approved holding tanks, orle for• brown water and one for gray
water. We plarh to pump tine waste water from these tanks
with the orhboard maceratur pump arhto a 50 gaiion tank urh a
smaller boat and take it to the mainland and pump it down an
approved septic tank located on my property approximately 3
miles away.

PHpNE No. : 919 225 2071 Rug.27 199E 10:25
•ixa
,since the iiaudling acid dispoval
is governed by the Coani. Guard,
approval of this p1411. We thank
your timely reply.
Sincerely,
William F. C;ox
bcQ6O206
of waste water frnm vessels
we reapeetruily reyuewt your
you an& look forward to

•Frte C PHONE Ho, . '919 22` 2071 AU-9.27
C'ommenoi is�7 Uil4n 272 tG KfDrd Sheet, SAO 500
U.S. OdPartment U S. Ccas! Gua d Wltr.in,�lon, r:C :84Dr-a9ur
t renc urtotlon Nj%';-.� sa!a orcoe Pr:o ,e 1B}0! 815 -4890
0 1 P ry Tcli Free. 1-°DU-325-�iBo3
United States r„ ;ti 1Gi b16-AB%]
Corm Guard
16455
20 August 1996
Mr. William F. Cox
P.O. Box 40
G30 S. seashore Dr.
Atlantic, NC 28511
Dear Mr. COxt
This is in response to your ;.ettet of 2 August. 199(, concerning
the disposal of sewage and gray Oster from your vessel (document,
number 10400661. your plan to pwnp the wagty Wster to another
vessel and have that vessel dispose Of it propF•rly IS approved
with the following provisions:
1. Storage of sewage or sewage waste onboard vessel document
number 1040086 must be in an approved Type Ill Marine Sanitation
Device (MSD).
2. The tank onboard the vessel used to transport the sewage
or sewage waste must also be an approved Tyve I1I MSD.
I uige you to use caution and ensure all connec!lurs are adequate+
during transfer operations to preclude violatior+s of the Federal.
Water Pollution Control Act.
ii you have ar.y questions concerning this matter, please contact
MST1 Sheryl L. 0imsted at [phone] extension 114.
Sincerely,
T. RICE
Captain, U. S. Coact Guard
Commanding Otiicer
4

State of North Carolina
Department of Environment,
Health and Natural Resources A149A
Division of Coastal Management
James B. Hunt, Jr., Governor p E H PA R Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 2, 1996
Mr. William F. Cox and
Mr. Joseph A. Huber
Post Office Box 40
Atlantic, NC 28511
Dear Mr. Cox and Mr. Huber:
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of State property that you lease located near Core Banks and
the Cape Lookout National Seashore, on the east side of Core Sound in Carteret County. It was
received on April 30, 1996, and appears to be adequate for processing at this time. The
projected deadline for making a decision is July 14, 1996. An additional 75-day review period
is provided by law when such time is necessary to complete the review. If you have not been
notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
/CoG'. 'a it
M. Ted Tyndall
Field Representative
MTT
Enclosure
cc: John Parker
Charles S. Jones
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28567 Courier 111-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William F. Cox and Joseph A. Huber
2. LOCATION OF PROJECT SITE: Carteret County, near Core Banks and Cape Lookout National
Seashore, east side of Core Sound
Photo Index - 1995: N/A 1989: N/A
State Plane Coordinates - X: 2,792,600 Y: 402,900 Atlantic Quad "UL"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 1996 (on structure in Atlantic)
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - April 30, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County 1991 Land Use Plan as amended
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Self contained holding tank
(F) Type of Structures: Existing - None
Planned - 16' X 44' floating structure
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
0
HABITAT DESCRIPTION:
[AREA]
FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Open waters of Core Sound
704 ft2
(C) Other
(D) Total Area Disturbed: 704 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
PROJECT SUMMARY: The applicants propose to place a 16' X 44' floating structure on the east
side of Core Sound.

J
FIELD INVESTIGATION REPORT:
WILLIAM F. COX AND JOSEPH A. HUBER/CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
Mr. Joseph A. Huber leases 7 acres of public bottom on the east side of Core
Sound from the State of North Carolina for the purpose of cultivating shellfish. Mr.
Huber also has a lease for use of the water column superjacent to the bottom for the
purpose of increasing the productivity of shellfish culture on that leased bottom. The
lease bottom/project site is located approximately 300' from Cape Lookout National
Seashore. The waters of Core Sound at the project site have been classified SA ORW.
According to the applicant, the water depths range between -2' and -3' below MHW.
Obviously, the area is open to shellfishing.
Project Description
The applicants propose to place a 16' X 44' floating structure in the waters of
Core Sound. The two-story structure has a first -story floor area of 704 ffz built upon a
wooden platform attached to nine 12' X 3' pontoons (see attached photographs). The
second floor has 180 ft' of living space. The structure is of wood frame construction
with a front and back doors and 14 windows. There are both front and back porches
on the structure. The interior includes a vinyl linoleum tile floor covering, a kitchen
containing wooden cabinets, wood grain countertops, a double stainless steel sink, and
a full-size refrigerator. The structure is wired for electricity and includes a ceiling fan
in the middle of the living room. A wooden staircase leads to the second floor. Two
rooms are located upstairs just off the upstairs hallway. The applicant states that there
are self contained tanks with pumpouts equipment on the structure.
The applicants propose to anchor the floating structure inside the water column
lease and harvest the clams. The clams would be brought aboard the floating structure
for grading, counting, and bagging. And according to the applicant, the structure
would allow for year around operation as well as provide for 24-hour security at the
remote site.
Anticipated Impacts
The placement of the floating structure in the Estuarine Waters of Core Sound
would usurp a minimum of 704 f6 of Public Trust Area. The structure would infringe
upon the public trust rights and provides for the potential of discharges into the Public
Trust and Estuarine Waters of Core Sound. It also appears that the placement of the
structure adjacent to the Cape Lookout National Seashore would have an adverse affect
on the aesthetics of this natural area.
M. Ted Tyndall - Morehead City Office - May 2, 1996

P 172 332 477
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i_FL ii_E '15 728-1170•
early Vioki BareRoot, Benson
Richard BrVson Jt., Alabprtla
I _ _
CI U N
DES
-r �•+, wear mVwi"UU Ully
John Sewell Jr., Aflanftc Beach
Carve Tc
dos arts on Pggts
t /
rr Y�
Core Banks
cl �.m Ic ".Res
are blaster.
fly Brad Rich
Staff Wdtar
An onotional, standing -room -
only crowd of more (halt 2% peo-
ple Monday night pleaded with
st2tc officials not to grant four
shellfish )cases off Coro Baltks,
"Core Banks Is sacred to us,"
said Allailtie resident Mildred Gil -
go 'i s president of the Carteret
auAN ry chapter of the N.C. Fish-
erits ,';"Ociation, a private trade
group "or tisherrnen, "I'll probably
never go to tic Holy Land, but I'm
never closer to God than when I
walk those beaches.
"110s Is not about agtlaculmre,
or alxlut %l* the proposed lease
holders are. It's about a strip of the
Outer Banks where only Gal Al-
mighty has the aut urily to say who
can walk on it or fish c it. If you
grant those lellses, mil., God have
mercy (in your souls,.,
Mrs. Gligo's comments —
which also included a promise to
take legal action if any part of the
four, 10-acro lease proposals is
granled -- came during a public
hearing in the district courtroom in
the Cerloret County Courthouse in
Beaufort.
Bruce Freeman, director or the
N.C, Division of Marine Fisheries,
listened to tlo comments with other
fisheries division officials and said
state statutes require him to make a
decision In a "reasonable" but un-
specified amount of limo,
l hat could give the division a
convenient way out, since state
Sen. Beverly.Pordue, D-Cravon,
said Monday she plans to Introduce
a bill in the General Assembly this
spring to prohibit new leases on the
banks side of Core Sound.
But legislation wasn't on the
i Plracr - r Cfams, Pape 3A)
F. . 1
IL-

FROM yCNERR ED OFFICE 919/728-2170
•1r-
r '•
04.11.1996 13r49
Claois
(Confinutd from Page IA)
dr,rn•, r :.ir
minds of those at the, Bearing Mon
day.
Instead, they lambasted the lease
proposals, w kh came from Atari•
tic CIO tarn Joe Huber, Atlantic*
resident Bill Cox and Stacy resi-
nis Jerry t.'cliff and Crystal
May, Mr. glut daughter. The
P;OP
ponanttl •103 blurt;the division
what they called :urale su.
Weys that shosyed the,, .,ere not vi-
ble commercial clam beds In the
pas �e areas.
Pishernn � orki, with divi-
Ion personn(l found
�
!lams in suffie ub-
lie harvest, d)j-
POrsonnel dldri't A
the botlrnn to Ofir the clams.
I They Bald 're are enough cttuus
Ip the am or people to eani
mucli-needed Income during hard
Imes and for students to earn
oncy for colipge.
Division p onnei said the fish-
ermon did flnd;clarl$, but they were
mostly In gresibcds and not spread
across die 11170Wpµsed Ictiso Amos,
f�Mr. Huber a4d Utu oftfs appLr I
r the leases I st year, after the .
plretion ,if a two-year moratorium
enacted by die General Assn-1,1y
in the wake of staws aliprc
Mr. Huber's'1093 applicptiou t, ; „
7,1-acre lease 4f Cote Banks.
711e elate saniplel the lease area
In t)ctobcr, not in February as op-
ponentt have Contended, division
officials said M rnday.
An unbowed I. Huber, who has
been raising c Its for 20 years,
blasted back Monday night,
"I started on the water as a coal-
nercial fishermen. working crab
;rots day and )light," he said. "I
4
saw us killing tiro resource. I saw
aquaculture as the way of the fu-
lure.
"Nobody carol a bit what we
were doing until they saw we could
make some money at it,"
I-oase oppOnOMS who charge that
aquacullure ruins clam markets
"don't know nothing," Mr. Huber
added, because he sells only when
the market is high,
"I get more for clams than they
do, and that makes them mad, too,"
110 said. "They're ruining North
Carolina for everyone In conimer•
dal Gehing."
Traditional commercial fishel-
men, he said, don't have erclutivc
right the waters on)
aqua., iu'•ts do. But 6
lie relterateG, is the future
"If North t4 ohna dcK n't ^j it,
some Other state will and we'll be
imlwrtir.;; ut exporting shellfish,"
hie conclude.:.
Mr. Huber -harged the Mrs. Gil-
go's famil; has long held an unpro-
ductive lea in violation or suite.
regulations. charge Mrs. (lilgo
and Mike Marshall, head of the
state'& shellfish manrgernenl sec-
tion, denied,
The aqua cullurist also contended
that some of die truditlonal cool,
)lrercial fishermen don't pay their
income taxes, it charge that drew
angry protests and prompted one
man to leave Vie room,
At several points, Mr. Huber and
members of the audience traded
barbs, and Mr. Freeman and Mr,
Marshall had to restore order.
"I known it's an emotional is-
'suc, but not once during my presen-
tation did I call a name," Mrs.
Gilgo said at one point, "He (Mr.
Fauber) was Lilo one who got per.
SOtlal.
Still, despite some obvious ant•
mosity toward Mr, Huber in recent
years, Cite speakers Insisted he
wasn't the issue.
"If my mother applied for a
lease on lire batiks, I'd protest, and
1 love her dearly," said P.D, Ma-
san.
Dr, Barbara Blake, an anthropol-
ogist and advocate for commercial
fishermen and their way of life,
agreed with that assessment, The
residents, she said, "are not against
aquaculture In general," and their
Opposition to leases "goes far
deeper than die any personal vcn-
delta.
It's about he cultural signifi.
cance of Core Banks to the major
ity of down oast residents," stir:
added. "This would strike at the
heart of our cultural heritage,"
Jule Wheatly of 11caufort re-
called he was on die N.C. Marine
Fisheries Commission several years
ago when die state granted Mr. Hu-
ber his first Core. Banks lease.
At that time, he said, dic com-
mission directed the division to r-
Ovalaale the lease process and a
not give away public trust a
fishermen and their families tle,..
on for their livelihoods and way
life.
"It's the best water in Carteret
County," he said as a standing ova•
lion rolled through the throng.
"Why you want to give It awp I
don't know. It's not fair
damn ih sap "
Others s the. proposed (Cases
would :il"uvely block access
Along a section of Core Banks !:-
cause die mesh nets used to p,
the darns prohibit 0avigation.
***END***
I

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William F. Cox and Joseph A. Huber
2. LOCATION OF PROJECT SITE: Carteret County, near Core Banks and Cape Lookout National
Seashore, east side of Core Sound
Photo Index - 1995: N/A 1989: N/A
State Plane Coordinates - X: 2,792,600 Y: 402,900 Atlantic Quad "in"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 1996 (on structure in Atlantic)
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - April 30, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County 1991 Land Use Plan as amended
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Self contained holding tank
(F) Type of Structures: Existing - None
Planned - 16' X 44' floating structure
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
F
HABITAT .DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Open waters of Core Sound
704 ft2
(C) Other
(D) Total Area Disturbed: 704 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
PROJECT SUMMARY: The applicants propose to place a 16' X 44' floating structure on the east
side of Core Sound.

FIELD INVESTIGATION REPORT:
WILLIAM F. COX AND JOSEPH A. HUBER/CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
Mr. Joseph A. Huber leases 7 acres of public bottom on the east side of Core
Sound from the State of North Carolina for the purpose of cultivating shellfish. Mr.
Huber also has a lease for use of the water column supedacent to the bottom for the
purpose of increasing the productivity of shellfish culture on that leased bottom. The
lease bottom/project site is located approximately 300' from Cape Lookout National
Seashore. The waters of Core Sound at the project site have been classified SA ORW.
According- to the applicant, the water depths range between -2' and -3' below MHW.
Obviously, the area is open to shellfishing.
Project Description
The applicants propose to place a 16' X 44' floating structure in the waters of
Core Sound. The two-story structure has a first -story floor area of 704 fe built upon a
wooden platform attached to nine 12' X 3' pontoons (see attached photographs). The
second floor has 180 ftz of living space. The structure is of wood frame construction
with a front and back doors and 14 windows. There are both front and back porches
on the structure. The interior includes a vinyl linoleurn'61e floor covering, a kitchen
containing wooden cabinets, wood grain countertops, a double stainless steel sink, and
a full-size refrigerator. The structure is wired for electricity and includes a ceiling fan
in the middle of the living room. A wooden staircase leads to the second floor. Two
rooms are located upstairs just off the upstairs hallway. The applicant states that there
are self contained tanks with pumpouts equipment on the structure.
The applicants propose to anchor the floating structure inside the water column
lease and harvest the clams. The clams would be brought aboard the floating structure
for grading, counting, and bagging. And according to the applicant, the structure
would allow for year around operation as well as provide for 24-hour security at the
remote site.
Anticipated Impacts
The placement of the floating structure in the Estuarine Waters of Core Sound
would usurp a minimum of 704 ft2 of Public Trust Area. The structure would infringe
upon the public trust rights and provides for the potential of discharges into the Public
Trust and Estuarine Waters of Core Sound. It also appears that the placement of the
structure adjacent to the Cape Lookout National Seashore would have an adverse affect
on the aesthetics of this natural area.
M. Ted Tyndall - Morehead City Office - May 2, 1996 `

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, towg, community or landmark
1. APPLICANT , L- o r e !3 a n �f s
a., Landowner:
Name Sfw1--e, a; N. C-
Address
City ' State
Zip
Fax
Day Phone
b. Authorized Agent:
W,' /li ct rn F. C 04
Name lu st o /, I¢. Ffvlve r
Address P d. /3 n X 440
city AT lam r_ State _Al. C.
.2 2- 5 -207/
Zip 2 Ff // Day Phone 22 5 - 8 8- %/
Fax cfl q 22 5 2 c,7/
c. Project name (if any) Q u2_ �7 o '
NOTE: __- Pervd( will be issued in r of lmdow (s), and/or
pwjea nano.
2. LOCATION OF PROPOSED
PROJECT
a. County ,E7t--
c. Street address or secondary road number
.el -A
d. Is proposed work within city, limits or planning
jurisdiction? Yes _J_ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Fa s t 5 "W% core .Sausg/
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fillnactivities.
Pic( c .e c! '0)"g 5LO C e-n
rA,;*A:vi f eA_1rJ4vc 0-4-
b. Is the proposed activity maintenance of an existing
project, new work, or both? Alv a✓
c. Will the project be for public, private or commercial
use? cow m✓rc :G/
d. Give a brief description of purpose, use, methods of
construction and -daily operations of proposed
project.'...If more space is needed, please attach
"additional p es - ._-/—
Revised 03195
�w�apu»

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract' %LtGrL ­ rye t4+t leatc--,
b. Size of individual lot(s) A.1, ✓�•
c. 'Approximate elevation of tract above MHW or
NWL ' --t ,'- -3' IVINd .d111V
d. Soil type(s) and texture(s) of tract.
IV
e. Vegetation on tract • I%•
f. Man-made features now on tract ti a n .t
g. What is the CAMA Land Use Plan land
classification of the site? (cvwuit the tocat land =e plm.)
X Conservation Transitional
Developed . Community
Rural • - Other
h. How is the tract zoned by local government?
/VdpG .
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning wnplimtce_cenificate, ifapplicabk)
j. Has a -professional archaeological assessment been
done for the tract? - Yes No
Eyes, by whom?
k. Is the=project located •m -a National Registered
Htstonc_,Dtstrtct or does . it_ involve a National
Register listed or eligible properly?
;Yes -- —No -
1. Are there w`etlands`on the site? _ Yes No
- Coastal -(marsh) —" Other
If yes, has —a delineation been conducted?
(Attach doatmentation, if aNvbtik)
m. Describe existing wastewater treatment facilities.
TvEa1lL�</ Caa4aa d
t_:4h of f:tig too yr4c u�/
�12,1
u. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
• i 11(i ..a�_jr 1ri r•v0 f
• F0 t, f.v
his-P-P1r­VS r —7
o. Describe existing drinking water supply source.
A14 H �Q__ .
5. ADDITIONAL INFORMATION
In addition to the completed •application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the, affected properties. If the .applicant is not
claiming to be the owner 'of said property, then
forward a copy of the deed or other instrument under
which the owner claims.title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink- on ,an 8 1/2" by 11" white paper. (Refer -to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
--Please note that original drawings are preferred and .. only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact'°the -U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
- requirements and it must be sufficiently -detailed `to
guide agency persomM areaatto the
s -1 H lR�l �! r�l ,l

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name Cad e L ooLr oyf - Nai;aryg/ C;.o i! ere_ I certify that I am authorized to grant, and do in fact,
Address /3 / CLiar/rr -9. . ,S&2s/e. d. •uc ;eyt/ grant permission to representatives of state and federal
Phone 919- 2Yo- /Vo9 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address project.
Phone
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) -to cover the costs of processing the
application.
• A signed AEC- hazard notice for projects in
oceaufrorit-arid iiilet'areas.
• A statement -of —compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds .:or -use of -:public lands, attach a statement
documenting compliance with the North Carolina.
Environmental Policy Act.
This is the 2 S day of r; I , 19-14—.
To, sK KJ • 1-1V -.Y
Print N t C on
Signatur A / i 1�A cstritn Gy%--�
Landowner or Authorized AgeM/
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development.
DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign ' and .date: each attachment in the
space jg i�ded at the bottom of each form.
APR 3 U 1996

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Docks)" and/or Pier(s) A llh
(1)
_ Commercial _Community _ Private
(2)
Number
(3)
Length
(4)
Width
(5)
Finger Piers —Yes —No
(i) Number
(ii) Length
(iii) Width
(6)
Platform(s) _Yes —No
(i) Number
(ii) Length
(iii) Width
(7)
Number of slips proposed
(8)
Proximity of structure to adjacent riparian
property lines
(9)
Width of water body
(10)
Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts) /I11'4
(1)
Commercial Private
(2)
Length
(3) .
Width'_=_
c. Groin
(e.g. wood, sheetpile, etc.) A11 A
(1)
Number
(2) _
Lengths)
d.- Breakwater (e.g wood; sheetpile,-etc.) WI
fJ
(1)
/
Length'; -
(2)
Average "distance, from MHW, NWL - or
wetlands -
'(3)
Maximum distance beyond MHW, NWL or
--
e. Mooring buoys At%/
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body -
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number �/A
(3) Length
(4) Width
g. Other (Give complete descripdo)
�t'U1G W %U/ 2 By
/_Ja 1t- ✓
V7-4c�,.eox
"�ycc ti oti'�
Applicant or Project N e
n4i
Signature ,
Date
I01 APR 3 0 1996
_- .-.....-_ »....

Description of Floating Structure
Proposed by
joseuh A. Huber
William F. Cox
April 25, 1936
To help manage a maracuiture clam operation on shellfish
leases near Core Banks approximately five miles south west
of Atlantic, NC we have built a floating work station. The
structure consist of a covered wood frame 16' wide by 44'
long mounted on 9 stainless steel floats 12' long by 4'
wide. The structure has approximately 650 square feet of
work area including a galley ana head. It has an upper
level area of 180 square feet for supplies storage and
sleeping area. There are 224 square feet of covered front
and rear decks for outside work areas.
Our lease site is quite remote and only accessible by water.
When clams are harvested they will be taken aboard this
workstation for grading, counting, and bagging. The grading
operation sevarates out the clams that are too small for
market. These clams will be put back on the lease for
additional growth. The workstation on the lease site will
allow a year around operation so that we can take advantage
of the premium winter market and will eliminate the long
trip to the mainland and back to the -lease for replanting
the undersize clams. This lengthy exposure, traveling to
the mainland and back, can be quite harmful to the clams in
winter. The workstation will also allow us to provide 24
hour security, which is- expected to be needed on this remote
site.
The work station will be anchored inside a•column lease.
This.column lease, when applied for, had this work station
shown on the application. This lease is inside a Y acre
_bottom -..lease and has a water depth of approximately.21_-3'.
-----The workstation will not hindernavigation"or--any'use of -
_the__public 'trust more than allowed by the column _lease._-._.- .
APR 3.0 tq% II
.r�iiri'.ua►.er►.►aaaaw.�itiiAi�.--.
r

BATTEhti'
EAD II
WORK AREA
I
11CE-IPRTS & P1PPS
4ATER STORAGE
[------
GRADING,
UPPERI I SUPPLIES
AREA
I I STORAGE
� II
GAL._EL=Y
II <i
I YL'
I I u <Z
II w
I I ci �t
�� Q3
4 4'
9
Ll a u
-o
m �
• o ea.
COX/HUeER
STRUCTURE
FL001' PVF N
DATE_: 4%29/9'6
SCA_E:::10" =50'
PROJECT NAME:
QUAHOG

Coe/Huoer Structure
Side elevotion
Cole 4; 29/96.
Sccle 1" = 5'
&c-.. ter_5URF,9CE
Bcttorn

nisiP L,2E
L di
S'Ill

G asee I61t SM'ISWB^ __ r ��
7.R _ numbs R.nfll B°, .
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S
16
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pt
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e al certain veer C \5\ f • B:� a , /
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COX /HU BI- R
STRUCTIJR=
LEASE SITE
DATE `4 /c9/96
SCALE 10 = 1500'
PROJECT: CUPHocl
i'', LEAISE 92111
75 ?,4-71.
COLUMN LEASE
�Y--�.,`STRUCTlJF'E _
I 1.- .J . L V 'J'J

1.
2.
3.
4.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: William F. Cox and Joseph A. Huber
LOCATION OF PROJECT SITE: Carteret County, near Core Banks and Cape Lookout National
Seashore, east side of Core Sound
Photo Index - 1995: N/A 1989: N/A
State Plane Coordinates - X: 2,792,600 Y: 402,900 Atlantic Quad "UL"
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 1996 (on structure in Atlantic)
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - April 30, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County 1991 Land Use Plan as amended
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Self contained holding tank
(F) Type of Structures: Existing - None
Planned - 16' X 44' floating structure
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Open waters of Core Sound
704 fP
(C) Other
(D) Total Area Disturbed: 704 fO
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicants propose to place a 16' X 44' floating structure on the east
side of Core Sound.

FIELD INVESTIGATION REPORT:
WILLIAM F. COX AND JOSEPH A. HUBERICARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
Mr. Joseph A. Huber leases 7 acres of public bottom on the east side of Core
Sound from the State of North Carolina for the purpose of cultivating shellfish. Mr.
Huber also has a lease for use of the water column superjacent to the bottom for the
purpose of increasing the productivity of shellfish culture on that leased bottom. The
lease bottom/project site is located approximately 300' from Cape Lookout National
Seashore. The waters of Core Sound at the project site have been classified SA ORW.
According to the applicant, the water depths range between -2' and -3' below MHW.
Obviously, the area is open to shellfishing.
Project Description
The applicants propose to place a 16' X 44' floating structure in the waters of
Core Sound. The two-story structure has a first -story floor area of 704 ft2 built upon a
wooden platform attached to nine 12' X 3' pontoons (see attached photographs). The
second floor has 180 ftZ of living space. The structure is of wood frame construction
with a front and back doors and 14 windows. There are both front and back porches
on the structure. The interior includes a vinyl linoleum tile floor covering, a kitchen
containing wooden cabinets, wood grain countertops, a double stainless steel sink, and
a full-size refrigerator. The structure is wired for electricity and includes a ceiling fan
in the middle of the living room. A wooden staircase leads to the second floor. Two
rooms are located upstairs just off the upstairs hallway. The applicant states that there
are self contained tanks with pumpouts equipment on the structure.
The applicants propose to anchor the floating structure inside the water column
lease and harvest the clams. The clams would be brought aboard the floating structure
for grading; counting, and. bagging. And according to the applicant, the structure
would allow for year around operation as well as provide for 24-hour security at the
remote site.
Anticipated Impacts
The placement of the floating structure in the Estuarine Waters of Core Sound
would usurp a minimum of 704 ftZ of Public Trust Area. The structure would infringe
upon the public trust rights and provides for the potential of discharges into the Public
Trust and Estuarine Waters of Core Sound. It also appears that the placement of the
structure adjacent to the Cape Lookout National Seashore would have an adverse affect
on the aesthetics of this natural area.
M. Ted Tyndall- Morehead City Office - May 2, 1996

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, towg, community or landmark
1. APPLICANT
c. Street address or secondary road number
a., Landowner: AVIA
Name a; - N. C
Address
City State
Zip
Fax
Day Phone
b. Authorized Agnt:
W li a r" F. 04
Name 7 v s -e A? /0 -e
Address Flo, 13 6 y 44o
City A-/- la n State Al. C.
2 2- 5-2 0 7
Zip 2 9'5' jl Day Phone 2Z 5-- YX el /
Fax cflcl 22 57--2c,71
c. Project name (if any) a ri rA, In e 9'
NOTE. Perndl will be issued in name of lando erfl), nand/or
pwjea name.
2. LOCATION OF PROPOSED
PROJECT
a. County.
d. Is proposed work within city, limits or planning
jurisdiction? — Yes _�LL No
e. Name of body of 'water nearest project (e.g. river, creek, sound, bay) E-ct 5 t 5 'ile gEar-e 500*'y
3.
AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fill activities.
pla C ze e4 iX4;-'7g 5ie&CT-01-e
Z eAint'4rc 0-e-
b. Is the proposed activity maintenance of an existing
project, new work, or both? IVy, &-.,,
c. Will the project be for public, private or commercial
Use? C 0 41 In '/,P- C /'0 J
d. Give a brief description of purpose, use, methods of
construction and -daily operations of proposed
project.' If more space is needed, please attach
_
-additi ''al p
77a
Revised 03M

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire•tracv-` %acne.. 'i%flv..1 lease,
b. Size of individual lots) 41, ✓.
c. 'Approximate elevation of tract above MHW or
NWL —z' 1- .-3'yloed " 47
d. Soil type(s) and texture(s) of�
IV. if.ract.
e. Vegetation on tract f�f • f�•
f. Man-made features now on tract Ala n .t
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural • Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? X Yes i No
(Mach zoning mmplim,ce..cerdfcafe, ifappliaible)
j. Hasa professional archaeological assessment been
done for the tract? Yes X_ No
If yes, by )whom?
Jr.- -Is -the _project -located -in=a-National Registered
HistoricaDistrict,_or:ydoesyit.:involve aNational
RegisteYlelisted or eligible property?
c—=-
1. Are there 'wetlands`on the site? Yes No
_ Coastal .(taarsh) -"- Other
If `yeas, has a delineation been conducted?_
- -(ARach-daenmrNalion_ijatttilab(eJ— ____... .._.
in. Describe existing wastewater treatment facilities.
Tofg11.� <</ Col74a,-,o,
a/edl -iX to, Pi4-c off/
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
# y;L, tAia�.Jr Lri F'a0f
• D 1 ! v
n YJ�/-l•-,
o. Describe existing drinking water supply source.
A/,y o 4--
5. ADDITIONAL INFORMATION
In addition to the completed 'application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the .applicant is not
claiming to be the owner of said property, then
forward.a copy of the deed or other instrument under
which the owner claim&title, plus written permission
from the owner to carry out the project.
• An accurate, dated work- plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink -on An 8 1/2". by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
--Please note that original -drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. - (Contact: the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
-requirements -and iYmust=be sufficiently -detailed -to
guide agency perso area to the
r3APR*
0 19-•- 1

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained iR the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management' Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name Copt 5,4 stiare_ I certify that I am authorized to grant, and do in fact,
Address /3 / Clear/wr-9. /b/Eur _221a_e/, a/c 2es3/ grant permission to representatives of state and federal
Phone 919- ZVe- /V69 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address project.
Phone
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) •to cover the costs of processing the
application.
• A signed AEC-- hazard notice for projects in
oceanfront�and inlet -areas.
• A statement 'of -compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or -use =of <ptiblic -lands, -attach a statement
documenting compliance with the North Carolina.
Environmental Policy Act.
This is the 2 S day of r1 , 19-11.
To, S-e 9. l�r� �v
Print N 7 o� 0
Signatur 13 Lr�Lr r, G%T4
Lmndmtter or Authorized Ag
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
DCM'MP-3
Upland Development.
DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and glare -each attachment in the
space o iy�ded ai the bottom of each form.
APR 3 U joc,�
0

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s) A11A
(1)
_ Commercial _Community _ Private
(2)
Number
(3)
Length
(4)
Width -
(5)
Finger Piers _Yes _No
(i) Number
(ii) Length
(iii) Width
(6)
Platform(s) —Yes —No
(i) Number
(ii) Length
(iii) Width
(7)
Number of slips proposed
(8)
Proximity of structure to adjacent riparian
property lines
(9)
Width of water body
(10)
Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts) A%1,Q
(1)
Commercial Private
(2)
Length
(3)
Width.--.
c. Groin (e.g. wood, sheetpile, etc.) A11 A
(1) _ Number...-
(2) ----Len
g ffi-(S) 7
d.- Breakwater (e.g wood; sheetpile,-etc.) -Al
(1) - Length.._..__- /
(2) Average -distance. from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
_-- wetlands
e. Mooring buoys i✓/
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body -
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
p/a r.e cw
44
'fY L rf
,Tyc-,5-e1--4- t'V-Cox
Applicant or Project Nadie _ -
dx a
Signature
Date
_ r!MwNn .-mow- M '1 w CR4

Description of Floating Structure
Proposed by
joseuh A. Huber
Will F. Cox
Avril 25, 1996
^10 help manage a maracuiture clam operation on shellfish
leases near Core Banks approximately five miles south west
of Atlantic, NC we have built a floating work station. The
structure consist of a covered wood frame 16' wide by 44'
long mounted on 9 stainless steel floats 12' long by 4'
wide. The structure has approximately 650 square feet of
work area including a galley and head. It has an upper
level area of 180 square feet for supplies storage and
sleeping area. There are 224 square feet of covered front
and rear decks for outside work areas.
Our lease site is suite remote and only accessible by water.
When clams are harvested they will be taken aboard this
workstation for grading, counting, and bagging. The grading
ooeration separates out the clams that are too small for
market. These clams will be put back on the lease for
additional growth. The workstation on the lease site will
allow a year around operation so that we can take advantage
of the premium winter market and will eliminate the long
trip to the mainland and back to the lease for replanting
the undersize clams. This lengthy exposure, traveling to
the mainland and back, can be quite harmful to the clams in
winter. The workstation will also allow us to 'provide 24
hour security, which is -expected to be needed on this remote
site.
The work station will be anchored inside a•column lease.
This.column lease, when applied for, had this work station
shown on the application. This lease is inside a 7 acre
_bottom -lease and has a water depth of approximately _2'_-31
- ` "`The vaork"station will not hinder navigation -or-any'-use -of---
the-public 'trust more than allowed by the column:lease._-. -.
o llv
rA�R3o1996 I�
-- AtWtwuua�n►�aarsui�Yi�.---

I
t
u
BATTERY
WATEIR STORAGE
GAL._LE=Y
o
44'
�
II Uf'FER
1 "
EiaL�
II W❑RK. AREA
_
I
11 CHARTS & MAPS
.JI
II
—
P
G R A D
=[
N
G
UPPERI I SI.JPPI_]ES
ARE A
�
11 STORAGE
II ¢
11 Y LJ
I <t
w
II CE
C7
COX/HUBER
STRUCTURE
FL_0013 PLAN
DATE. 4/29/96
SCA_E:10° =50'
PROJECT NAME:
QUAHOG

Coe/Huoer Structure
Side elevation
Cole 4/29/96
Sccle t" = 5,
F
G
titer 5URFi9CE
uCtt01'71
i
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P; 70 M P7 7� K P
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!•en calibrated fer _ 1.1 CBSC•.'-r B• j•7/ ' <'
•e al certain etn<r � 1\\/ •C
... can be J 'O yYeG
and G %
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S+tp[ \N, 7 ' 2 : i25 / ,. 75
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Aw ¢A:r�w...,...la.._...:�t$,J. 55 i7 75
1

COX,/HUBF-R
STRUCTURE
LF-ASE SITE
DATE -4-/29/96
SCALE 10",= 1500'
PROJECT: QUAHOG
7' 5
-7,4- 1
LCAISE 9201
,'
COLUMN LEASE
S.T P Ll C.T I J FIE__

F"-
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William F. Cox and Joseph A. Huber
2. LOCATION OF PROJECT SITE: Carteret County, near Core Banks and Cape Lookout National
Seashore, east side of Core Sound
Photo Index - 1995: N/A 1989: N/A
State Plane Coordinates - X: 2,792,600 Y: 402,900 Atlantic Quad "UL"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 1996 (on structure in Atlantic)
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - April 30, 1996
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County 1991 Land Use Plan as amended
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Self contained holding tank
(F) Type of Structures: Existing - None
Planned - 16' X 44' floating structure
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Open waters of Core Sound
704 fe
(C) Other
(D) Total Area Disturbed: 704 ft'
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicants propose to place a 16' X 44' floating structure on the east
side of Core Sound.

FIELD INVESTIGATION REPORT:
WILLIAM F. COX AND JOSEPH A. HUBER/CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
Mr. Joseph A. Huber leases 7 acres of public bottom on the east side of Core
Sound from the State of North Carolina for the purpose of cultivating shellfish. Mr.
Huber also has a lease for use of the water column superjacent to the bottom for the
purpose of increasing the productivity of shellfish culture on that leased bottom. The
lease bottom/project site is located approximately 300' from Cape Lookout National
Seashore. The waters of Core Sound at the project site have been classified SA ORW.
According to the applicant, the water depths range between -2' and -3' below MHW.
Obviously, the area is open to shellfishing.
Project Description
The applicants propose to place a 16' X 44' floating structure in the waters of
Core Sound. The two-story structure has a first -story floor area of 704 fe built upon a
wooden platform attached to nine 12' X 3' pontoons (see attached photographs). The
second floor has 180 fO of living space. The structure is of wood frame construction
with a front and back doors and 14 windows. There are both front and back porches
on the structure. The interior includes a vinyl linoleum tile floor covering, a kitchen
containing wooden cabinets, wood grain countertops, a double stainless steel sink, and
a full-size refrigerator. The structure is wired for electricity and includes a ceiling fan
in the middle of the living room. A wooden staircase leads to the second floor. Two
rooms are located upstairs just off the upstairs hallway. The applicant states that there
are self contained tanks with pumpouts equipment on the structure.
The applicants propose to anchor the floating structure inside the water column
lease and harvest the clams. The clams would be brought aboard the floating structure
for grading, counting, and bagging. And according to the applicant, the structure
would allow for year around operation as well as provide for 24-hour security at the
remote site.
Anticipated Impacts
The placement of the floating structure in the Estuarine Waters of Core Sound
would usurp a minimum of 704 ftz of Public Trust Area. The structure would infringe
upon the public trust rights and provides for the potential of discharges into the Public
Trust and Estuarine Waters of Core Sound. It also appears that the placement of the
structure adjacent to the Cape Lookout National Seashore would have an adverse affect
on the aesthetics of this natural area.
M. Ted Tyndall - Morehead City Office - May-2, 1996

t
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, to communit�or landmark
1. APPLICANT L o r g p�7 s
a. Landowner:
Name S+cc, t-.e C; N. C.
Address
City
Zip
Fax
State
Day Phone
b. Authorized Agent:
Wt'/liar" f, ccoX
Name T A-e h 4. F{ .6-e r
Address Po, 13 e x 440
City i`Y-�IQh >Li r State Al. C.
0191)22. 5-207/
Zip 2 F f // Day Phone 2.2 5 - P 1-17 /
Fax cJIC/ Zz S —2v7/
c. Project name (if any) U ez-
NOTE. _- Perndt wiU be issued in tame of lanidow er(sf, and/or
project now.
2. LOCATION OF PROPOSED
PROJECT
a. County. -Ca;- 1 Y f 7t
c. Street address or secondary road number
.e914
d. Is proposed work within city, limits or planning
jurisdiction? Yes No
e. Name of body of"water nearest project (e.g. river,
creek, sound, bay) Ftz s t 5 'We f!orK .Soc sy�
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Plea C,e aq �/c,0_4)na S%yoC e
c.,:fti %h fb.r r'vu4>r c 0-4-
b. Is the proposed activity maintenance of an existing
project, new work, or both? My, c✓
c. Will the project be for public, private or commercial
use? CDC /n✓rC fa/
d. Give a brief description of purpose, use, methods of
construction -and -daily operations of proposed
project.' If more space is needed, please _ attach
additional paFQeS: -_== _.. c. _ ..._..._......
94
—
A
rn1i1
1 E,P' s
Revised 03195
rwwtatao�a»nntaarii11t1

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract-` l acres . ob" A-1 �etic�
b. Size of individual lots) A ✓�•
c. 'Approximate elevation of tract above MHW or
NWL — Z t .4 - 3 ' 154loet/ NNW
d. Soil type(s) and texture(s) ofact.
L
e. Vegetation on tract. ia•
f. Man-made features now on tract A/ e n t
g. What is the CAMA Land Use Plan land
classification of the site? (Conndz the local land we plan.)
X Conservation Transitional
Developed Community
Rural • Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Anach zoning conrp(iaica..ceraficate, if applicable) .
j.' Has -a professional archaeological assessment been
done for the tract? Yes No
I(yes, by:whom? -=
k. -Is the=project_located.m _a_National Registered
Htstonc_.Dtstrtct or does_it.-involve a National
Register listed or eligible property!
_.. Yes — —No --
I. Are there wetlands�`on the site? _ Yes No
Coastal (marsh) =y` -Other
If yes,=lias—a delineation been `conducted?
- - - -- - - ----- -—'-------- -
(Attach documentarian, ifannilable)
in. Describe existing wastewater treatment facilities.
re,g)I� 5</ � Cora-4a:ao,/
(�'T o I /; ?Of yr 4
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.
o. Describe existing drinking water supply source.
ky n ✓L .
5. ADDITIONAL INFORMATION
In addition to the completed 'application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the, affected properties. If the ,applicant is not
claiming to be the owner of said property, then
forward.a copy of the deed or other instrument under
which the owner claimstitle, plus written permission
from the owner to carry out the project.
• An accurate, dated -work plat (including plan view
and cross -sectional drawings)drawn to scale in black
ink -on an 8-,1/2",-by 11"'white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
---Please note -that original -drawings are preferred and --
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. = (Contact. the -U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
--requirements-and it must--be-sufficiently-detailed to
guide agency perso area to the
�fifi�P�"lJln-

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
0 A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be.advised
that they have 30 days in which to submit comments
on the proposed project .to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name5707"E-
Address m / C/-,a,4-A.
Sf.
Phone 94- 2 PC- / Sto9
Name
Address
Phone
Name
Address
Phone
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Healib, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC --hazard notice, for projects in
oceanfront -and inlet areas.
• A statement -of -compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or-use;of-public 1ands, -attach a statement
documenting compliance with the North Carolina.
Environmental -Policy -Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained ill the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 2 S day of da r; , 19-L4.
cTd S-r . )V . 11 o v
Print N ; r o
Signatur /1� 1,4 $�c,
laida r or Authorized
Please indicate attachments .pertaining to your proposed
project. -
DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development.
DCM MP-4
Structures Information -
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date.: each attachment in the
space ALo ijded at the bottom of each form.
APR 3 U 1996

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s) A'1A
(1)
_ Commercial _Community _ Private
(2)
Number
(3)
Length
(4)
Width -
(5)
Finger Piers —Yes —No
(i) Number
(ii) Length
(iii) Width
(6)
Platform(s) _ Yes _ No
(i) Number
(ii) Length
(iii) Width
(7)
Number of slips proposed
(8)
Proximity of structure to adjacent riparian
property lines
(9)
Width of water body
(10)
Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts) A11 .
(1)
Commercial Private
(2)
Length
(3)
Width
c. Groin (e.g. wood, sheetpile, etc.) /✓1,4
(1)
Number . -
(2)
_Length(s)_= . _.......
d. Breakwater-(e.g wood,=sheetpile, etc.) N%R
(1)
Length - /
(2)
Average distance, from MHW, NWL or
wetlands
(3)
Maximum distance beyond NEW, NWL or
.,-wetlands----_.-
e. Mooring buoys A11,
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number/fj
(3) Length
(4) Width
g. Other (Give complete deialpdonJ
GL T-I Y' S cl� L eY'G
J, P c.5-e I--
'1 (39u'c, % 0%'1
Appnrant or Project NaAe
Signature ,
ff
Date
.7

Description of Floating Structure
Proposed by
josenh A. Huber
Will F. Cox
April 25, 1596
To help manage a maracuiture clam operation on shellfish
leases near Core Banks approximately five miles south west
of Atlantic, NO we have built a floating work station. The
structure consist of a covered wood frame 16' wide by 44'
long mounted on 9 stainless steel floats 12' long by 4'
wide. The structure has approximately 650 square feet of
work area including a galley and head. It has an upper
level area of 180 square feet for supplies storage and
sleeping area. There are 224 square feet of covered front
and rear decks for outside work areas.
Our lease site is quite remote and only accessible by water.
When clams are harvested they will be taken aboard this
workstation for grading, counting, and bagging. The grading
ooeration seoarates out the clams that are too small for
market. These clams will be put back on the lease for
additional growth. The workstation on the lease site will
allow a year around operation so that we can take advantage
of the premium winter market and will eliminate the long
trip to the mainland and back to the lease for replanting
the undersize clams. This lengthy exposure, traveling to
the mainland and 'back, can be quite harmful to the clams in
winter. The workstation will also allow us to provide 24
hour security, which is -expected to be needed on this remote
site.
The work station will be anchored inside a•column lease.
This.column lease, when applied for, had this work station
shown on the application. This lease is inside a 7 acre
==_bottom_lease ana -nas a water depth of approximately_2'-3'.
---The work- station will not' hinder navigation orany"use of -
the.. -public 'trust more than allowed by the column !ease._.--- .
=--
y _ -

16),
BATTERY
WATER STORAGE
6 A L LE-Y'
4 4'
II Uf'FER
`--- EAR II WORK: AREA
I 11CHARTS & HAPS
GRADING
AREA
.%
4'
i
UPPERI I SUPPLIES
STORAGE
II <
II y LJ
Ld �_
I I \L
I — Ce
Q;
CUX/HUEER
STRUCTURE
FL_001' PLAN
DATE: 4/29/96
SCA-E:10" =50'
PROJECT NAME:
OI.JAH OG

Cot/Huoer Structure
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Dole 4/29/96
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COX/VUBER
STRUCTURE
LEASE SITE
DATE-4✓c'.9/96
SCALE 10"' = 1500'
PROJ=CT: GUFHLIG
5, LEASE 9201
5-.17.4 ,71.
LUMN LEASE
,7- STRUCTlLf'E
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