DEN-Singleton,Thomas

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
THOMAS SINGLETON,
Petitioner,
V.
DIVISION OF COASTAL
MANAGEMENT, and COASTAL
RESOURCES COMMISSION,
Respondents.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
98 EHR 1351
CERTIFICATE OF
ACCEPTANCE OF SERVICE
I, Doug Huggett, hereby accept service of the subpoena requesting my attendance at a hearing
at the Craven County Courthouse, Courtroom #2, 302 Broad Street, New Bern, North Carolina, on
Tuesday, May 25, 1999 as a witness on behalf of the Division of Coastal Management.
a
l
v
D g Huggett
Sworn to and subscribed before me
this `A ay of May, 1999.
i
I�% L•���
My CoWA;ifisiRnrExpires: 0— •—/ov--aoo3
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r' �OTA$y
PUBLIP

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
98 EHR 1351
THOMAS SINGLETON, )
Petitioner, )
V. ) SUBPOENA FOR
ATTENDANCE OF A WITNESS
DIVISION OF COASTAL )
MANAGEMENT, and COASTAL )
RESOURCES COMMISSION, )
Respondents. )
To: Doug Huggett, Major Permits Manager
Division of Coastal Management
2728 Capitol Boulevard, Section F
Raleigh, NC 27604
GREETING:
YOU ARE HEREBY COMMANDED to appear and testify in this action before the Office
of Administrative Hearings at the Craven County Courthouse, Courtroom 42, 302 Broad Street, New.
Bern, North Carolina, on the 25th day of May, 1999, at 10:00 a.m. You are required to attend from
day to day until discharged.
This subpoena is issued upon application of the Division of Coastal Management.
Issued this Z - day of May, 1999.
Applicant's Attorney
Mary Penny Thompson
Associate Attorney General
N.C. Department of Justice
114 W. Edenton Street
P. O. Box 629
Raleigh, NC 27602-0629
[phone]
[phone]/fax
N.C. State Bar No. 24567
u
Mary Penny hompson
Associate ttomey G eral
Attorney for Respondent

Timeline
Singletonv. DCM. DENR and CRC
98 EHR 1351
8/21//84 State Major Permit No. 176-84 issued for excavation of a high ground basin
connected to the existing basin in the east prong by way of a canal. The new
basin was also to be connected to the AIWW w/in Bogue Sound by way of access
channel through Sander's Creek. Other excavation requested within Sander's
Creek, but denied. Permit inluded authorization for a subdivision and a manna
system w/in the newly excavated high ground basin. There was a deed dispute at
the time. (Permit 176-84 remained active through renewals until 1995)
?/95 Upon submittal of renewal request for 176-84, agencies opted for a new review of
the total project as many regulations had changed. The applicant failed to
complete submittal of all requested info and permit expired. The only
development accomplished under the permit before its expiration was the
excavation of the access channel from the AIWW to the mainland area of
Sander's Creek. Singleton no longer owns the tract by which this lends access,
but retains a perpetual easement across the high ground to the channel.
2/25/98 Major Permit Application received in4r�.�-^-P4 0-C c( in
3/3/98 Date of site visit by Tere Barrett; Applicant present
5/21/98 Petitioner Attends Technical Review Committee of Carteret County Planning
Dept. to discuss plans for RV park (earlier meeting as well, but no date on docs)
6/15/98 Application received in Morehead City
6/29/98 Agency Reply: DCM Objects g/2s' /91 Rcrr Qti 1e �s1
6/30/98 Mail Out Date ?
Agency Reply: Div. of Community Assistance - no comment
Agency Reply: Div. Of Land Resources - approves only if recommended changes
are incorporated (other improvements may require S&EC application)
7/10/98 Agency Aeply: Div. Of Highways - no comment
7/15/98 Agency Reply: State Property - no objection since man-made basin
7/16/98 Agency Reply: Submerged Lands - public trust conflicts
7/20/98 Agency Reply: Envtl Health - no comment
7/21/98 WRC Site Visit
7/??/98 DMF Site Visit
7/24/98 Agency Reply: Archives - no comment
7/28/98 Agency Reply: Div. Water Resources - no comment
7/30/98 Agency Reply: WRC - comments re: planned RV park, fish, existing basin,
shallow water depth, kicking, fine sediments --> bottom disturbance; sediment
suspension in water; constant turbidity violations by boat traffic; and already have
access to permitted channel (perpetual easement)
Agency Reply: DMF - objects to turbidity by kicking in shallow depths; salt
marsh degradation by boat traffic wake which may be increased by RV park; and
additional dredging which would decrease SAV acreage, increase turbidity and
further destroy nursery area

8/19/98 Agency Reply: Stormwater - no permit required
8/29/98 75-day Deadline
9/8/98 Comments received from DCM - LUP Consistency
9/17/98 Agency Reply: DWQ turbidity violations; w/o modification -> denial; admin hold
9/22/98 DCM Permit Denial Letter
10/9/98 Petition for a Contested Case Hearing filed on behalf of Petitioner
11/11/98 150-day Deadline
EP/32544/wp

State of North Carolina
p. Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Singleton
1463 Hwy 24
Newport, NC 28570
Dear Mr. Singleton:
1 • laft
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 11, 1998
DWQ Project # 980622
Carteret County
SEP 17 1998
COASTAL MANAGEMENT
The Division of Water Quality has reviewed your plans for the discharge of fill material at Holiday Village
in Carteret County for boat ramp construction at Sander's Creek. Based on this review, we have identified water
quality standards which would be violated by this project. These uses are turbidity violations due to the repeated
"kicking" of sediment by boats at this facility. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H
.0506. Therefore, unless modifications of the proposal are made as described below, we will have to move
toward denial of your 401 Certification as required by 15A NCAC 211 .0507(e) and will place this project on hold
as incomplete until we receive this additional information once we receive this information, our processing time
will start. 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 states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically
can you construct your boai ramp with dredging out to deeper water so as to alleviate concerns for turbidity
violations? 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 three weeks of the date of this letter by sending a copy of this information to me and
one copy to Ms. Joanne �teenhuis Wilmington Regional Office at 127 Cardinal Extension Drive Wilmington NC
28405. If we do not hear from you in three 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.
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Field Office Corps of Engineers
John Parker; DCM
Bill Foreman; Stroud Engineering
Sic e
J R. Domey
ter Quality Cert fica rogram
980622.nty
Division of Water Quality • Non -Discharge 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

a
State of North Carolina
Department of Environment
and Natural Resl--- — -- -- •
Division of Water Q post -It" Fax No 7671 Dille 10g1ea _
T r° km
Cpl.
James B. Hunt, Jr., phone ° R
Wayne McDevitt, S Fax
p - _ i"°"° °
A. Preston Howard axa ENT OF
ESOURCE5
September 11, 1998
DWQ Project # 980622
Carteret County
CERTIFIED MAIL
RETURN RECEIPT REQUEST'EA
Mr. Thomas Singleton
1463 Hwy 24
Newport, NC 28570
Dear Mr. Singleton
The Division of Water Quality has reviewed your plans for a discharge of fill material at Holiday Village
in Carteret County for boat ramp construction at Sander's Creek. ased on this review, we have identified water
quality standards which would be violated by this project. These t ses are turbidity violations due to the repeated
"kicking" of sediment by boats at this facility. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/c r wetlands in accordance with 15A NCAC 2H
.0506. Therefore, unless modifications of the proposal are made a described below, we will have to move
toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project an hold
as incomplete until we receive this additional information once we receive this information, our processing time
will start. 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 hat states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically
can you construct your boat ramp with dredging out to deeper watt r so as to alleviate concerns for turbidity
violations? 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 Certificatio .
Please respond within three weeks of the date of this letter b3 sending a copy of this Information to me and
one copy to Ms. Joanne Steenhuis Wilmington Regional Office at L27 Cardinal Extension Drive Wilmington NC
28405. If we do not hear frorrPyou in three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn. 1 can be reached at 919.733.1786 if you have any questions.
rR�.Domey ater QualityCortiticat rogram
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Filcs
John Dorney
Wilmington Field Office Corps of Engineers
John Parker; ACM
Bill Foreman: Stroud Engineering
980622.nty
Division of Water Quality Non-yischarge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 91P-733-1786 • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50 % racyclod/ 1046 poet -consumer paper

`zkr ?•
STROUD ENGINEERING, P.A.
YN PLAZA 151-A H August 13, 1998
157•A HWY. 24
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. John R. Domey
N. C. D. E. N. R. c
Division of Water Quality RCCE'`/7CR�
4401 Reedy Creek Road
Raleigh, North Carolina 27626 AUG 14 1998
Re: DWQ Project # 980622 COASTAL MANAGEMENT
Holliday Village Boat. Ramp Project
Carteret County
Dear Mr. Domey:
This letter is in response to your letter to Mr. Thomas Singleton of July 30, 1998. You indicated that the
referenced project will not receive a 401 Water Quality Certification because the work, is proposed in
wetlands and a primary nursery area. Neither is true.
The work is proposed in an excavated basin in the upper reaches of Sanders Creek on Bogue Sound.
According to the Division of Marine Fisheries, North Carolina Fisheries Rules for Coastal Water, 1997-
1998 Edition, pages 143 to 144, Sanders Creek in Bogue Sound is not designated as a primary,
secondary or special secondary nursery area. A copy of the rules is enclosed for your information.
As shown on the CAMA application drawings, no vegetated coastal or 404 wetlands will be filled or
excavated by the work. When the basin was excavated, the coastal wetlands areas were preserved.
The proposed boat ramp is located to preserve the vegetated coastal wetland areas. If you have
doubts about this, a site visit,is advised.
A reconsideration of the 401 certification based on the facts of this application is appropriate. We would
expect your reply at the earliest possible date.
If you have questions conoeming this matter, please give me a call.
Sincerely,
STROUD ENGINEERING, P.A.
J. W. Forman, Jr., P
Project Engineer
CC: Tom Singleton
Tere Barrett, Div
John Parker, Div
of Coastal Management
of Coastal Management
107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO
SUITE 0 SUITE A 151-A HWY. 24
GREENVILLE. NC 27858 WILMINGTON. NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Singleton
1463 Hwy 24 <:'
Newport, NC 28570
Dear Mr. Singleton:
IFA
/ • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 30, 1998
DWQ Project # 980622
Carteret County
RECEIVED
AUG 0 7 1998
COASTAL MANAGEMENT
The Division of Water Quality has reviewed your plans for the discharge to construct a boat ramp located at
Sander's Creek within the community of Ocean in Carteret County. Based on this review, we have identified significant
uses, which would be removed or degraded by this project. These uses are the aquatic life uses in this shallow Primary
Nursery Area which would be impacted by turbidity since dredging is not allowed. Furthermore, insufficient evidence
is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance
with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have
to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on
hold as incomplete until we receive this additional information. Until we receive additional information, we are
requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you
construct your boat area and ensure that no turbidity violation will occur and the PNA uses will be protected?
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Ms. Joanne Steenhuis Wilmington Regional Office at 127 Cardinal Extension Wilmington NC 28405. 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.
cer"t� -
Tate
J R. Domey /
ater Quality Certifrda ' n Program
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Field Office Corps of Engineers
Ron Cullipher, Stroud Engineering
John Parker, DCM
980622.nty
Division of Water Quality • Non -Discharge 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

To: John Dorsey
Environmental Sciences Branch
r
DITMION OF QUALITY
CAMA MAJOR PERMIT APPLICATION REVIEW
:. •►:. •�Iryy y:,ry C i•.. :►II C •ulu.l ►I�: Y•►
REVIEWER: STEENHLIIS
WQ SUPERVISOR: SHIVER
DATE: July 17, 1998 \
3UTLAND INFORMATION FOR CENTRAL OFFICE TRACRiN S 1LL
PERMIT YR: 98 PERMIT NO.: 980622 COUNTY: Carteret
PROJECT NAME: Thomas Singleton/Holiday Village Mobile Home Park
PROJECT TYPE: boat ramp PERMIT TYPE: CAMA ... .
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: June 29,1998
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501
*STREAM OR ADJACENT WATER BODY: Sander's Creek
CLASS: SA STREAM INDEX #: 20-36-6-1
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: Shallow bottom habitat
WL REQUESTED: 875 sf WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: DENY
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant is proposing to construct a boat ramp within an existing basin
area on the East Prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.
WATER DUALITY CFRT (401)
CERT. REQ'D: Yes
IF YES, TYPE: Ggneral Certification # 3112 for CAMA Permits
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
3YATERIWETLAND FH
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FELL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No, most of the work will take place in high ground.
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes

980622.July
Page Two
1�A
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMFNDED CONDMONS OR P RIM RFSTR_TCTION :
This Office recommends the application_ be denied. East Prong of Sander's Creek is a primary
nursery area with normal low water (nlw) around-} 1.29, -1.7 and -1.4 nlw. Due to the shallow
water depth, State turbidity standards could expect to be exceeded if this area is used as a boat
ramp facility. Since a dredging permit for the area has been denied in the past and would be as
\ unlikely issued in the future, a channel would have to be "kicked" in by the boats. This problem
may cause the productivity of the area to diminish as a Primary Nursery Area due to the increase
in turbidity and bottom disturbance. This removal of would be considered inconsistent with 15A
NCAC 2B .0201.
(See also project #9010-D Apple Park, Inc. On Dill Creek in Carteret Co.)
cc: _ Central Files - John Dorney
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
.14,
JUG `� 1 1998
��T��{yAGEMENT

State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
MEMO
To: David Taylor
From: Trish Murphey v�
Subject: Alternative site for boat ramp in Sanders Creek
Date: October 22, 1998
Qum
�J�I&
NCDENR
NoraTY CAROL NA F)FPARTME?NT OF
EMPROVMENT AND N�'RA RESOOgCES
In response to the fax from Steve Morrison (Environmental Consultant) to Pres on October
9, 1998, I feel that the suggested alternative is not in the best interest of the environment for the same
reasons as stated in the original denial. The channel does address the water depth problem and would
eliminate some impact from prop wash and increased turbidity. However, with a boat ramp and
channel located in Sanders Creek, the increased boat traffic will still impact the adjacent marshes due
to erosion from boat wakes. Regardless of where this boat ramp is located, Sanders Creek still
functions as a Primary Nursery Area. If the alternative is acceptable, then dredging of the suggested
channel would have to occur outside of the dredging moratorium.
1

10,109/98 FRI 14:48 FAX [phone] LAND AMAGEMENT GROUP
1@001
LAND MANAGEMENT GROUP, INC.
Environmental Consultants
Post Office B.ox?ti22
Wilmington, North Carolina 28402
FAX.No.: 9.10-45270060
Robert L. Moul
Larry F. Baldwin
W. Stephen Morrison
G. Craig-Tumcr -
PLEASE DELIVER THE
THIS TRANSMITTAL IS FROM: ""��
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PAGE 01
s
Thd !Nviskm of wafer Qtlsilly lids reviewed yoac vlans fof thz discharge of fall malrrtnl At Hol Itlay Village
to Canelat gaumy tar boat rang ct nauaPti9n at sarld91'a cma, Based on this review, era h eve identified wow.
numity, inm4 rds which wauid bo vioiale4 * this pinj= '!•base uses atia Altbldity vzoludom duo to Pie rapd*d
"klexing" of sedJtncal By haute u tbls t5elllry. FurdtCmom,lnettFFi9iaat ayidenee is prtwettt to atu files to
c9aatuda 'hat ywr projsat giRm ba Svirt as planted Jr. waram addler vatlardil In aaeartiariw wdb SSA NCAC 2.14
,Osr*. Thorofare, t wi L tnedlfloaticns of 14a prizg nsal ate omde at described below, we, wilt have m move
tawat'd teeter afyour sal rrrdflcafWt 9A ccQUJM by l$A NCAC 2H X0Q7(e) aml.will plara Ws project Vn hold
'Is incomplete hotil wa twelve dtls arldifirmalinfoematiob once we receive frig information, mntr pmaeasing time
will star, Croat we ttrcelva additlottal Irtfomtation, vve am tequC0119 fby WPY Of fitly leflerj diaL the N.C.
Diviaivn &f 4ncna:al Manage m9nt plea, your prajcd an od niniatrafiva hold
Meate Dlovlde, me will laramohm A3pponing You Despise1 brat 314165 your DmjN1 must he aonsevcred as
planned end lhat you have no precticeblo sliemadvs TO plesingAlt in tbM. wetxro and/or Wad;,rdk. SpeciHeatly
a4n�Yau C9natntdt your fmat rhmy Witt d{pdylhg 6m tq tr mmwat" m as to 111m,14to Osman for tnrhirlim
. -„ ---- -M�. d��,t w• mink, lilw amsauve enar y9a calf supply z, goad uftantative desf9m for
y99r pmjen rusk pe llelplitl in aUr CavjSW oPyouf 401 Cntvi6aadan:
plema rapOnd Within three weahl of the dare of this latter by ..m(ing a copy or [his$irarmati9n to me and
one copy to Ms, 70anno Stbenluds Wilmington Rnglotilli Office at 127 Carvgnal Earension !]rive witmingiOANC
29405. lr wd do noubrar 7kom you ;a thrv9 weeks, we wfu assume dear you po longer want W , argue Oda project
and we wl!! carattar the project sa wl(trdfawv. 1 gall be zcached at 919,733-1796 iryen have eay gpaativna,
i e11r�
1 11. Dntnay l
[etQpalityCerti$cna�l gym
cc: Wilrmwon DWQ 909ional ofetto
W�-E-n.�u,�t•tgtun Qmc9 Corps ar mlonofa Flat
fabn thirney
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John Putktal DCM
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Certified Mail
Return Receipt Requested
Mr. Thomas M. Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Sir:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 22, 1998
f2 `_ —'
to =
1'L� 1 -- •1
This letter is in response to your application for permits under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to construct a boat launching ramp
at Holiday Village Mobile Home Park. The project site is Sanders Creek, east prong, off of
Bogue Sound and Highway 24, in Carteret County. Processing of the application, which was
received on June 15, 1998 and for which notice of extended review was provided on September
3, is now complete.
Based on a coordinated state agency review, the Division of Coastal Management has
made the following findings:
1) Sanders Creek, according to the Division of Marine Fisheries, functions as a
Primary Nursery Area (PNA). Even though it is not designated as a PNA,
Sanders Creek, as indicated by Division of Marine Fisheries sampling, pro-
vides nursery area for commercially and recreationally important species
such as spot, croaker, menhaden, brown shrimp and white shrimp. Because
of this sampling data and the findings covered in items 2-5, below, the Div.
of Marine Fisheries formally objected to permit issuance. The Wildlife
Resources Commission expressed concern over potential impacts described
below;
2) Water depth in Sanders Creek, especially at mid -tide to low tide, is marginal
to inadequate, approximately 2 feet or less, for commercial boat ramp use
which would likely include all sizes of trailered boats as well as jet skis. Upon
build out of the trailer park, dozens of launches per day is likely. Turbidity
levels in the Creek, as well as resource impact from prop wash and actual
bottom kicking, will have an adverse impact on this Bogue Sound tributary;
3) Bottom sediments at the site are very fine and easily resuspended into the water
column. There is a high probability of constant violations of State turbidity
standards from suspensions of bottom sediments by boat traffic in these shallow
waters;
P.O. BOX 27687, RALEIGH, NC 2761 1-7687 / 2728 CAPITAL BLV O., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
Ati ZQUAL vJYJa'iVt:":'/....•...I..7I':L:.CTIJ::=]•PLO:'E:;-=0ia EC:'CL2b/i 0`i f'C17-CGV9U-IER PAFE6

Mr. Thomas M. SinQleton
Page 2
September 22. 1998
4) Sanders Creek, nearer the Sound, is classified as Outstanding Resources
-�A'aters (ORW) by the Environmental Management Commission. Turbidity
caused by suspended silty sediments will be flushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat traffic pattern in Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat wake. Boat
operators will likely cause more wake as the boat is accelerated to a planing
position to navigate the shallow water;
6) In a July 31, 1998 letter to you from the Division of Water Quality, that
Agency .... "identified significant use which would be removed or de-
graded by the project". Inapparent response to your agent's response of
August 13, the DWQ issued a hold letter on September 11. The very
fact that the required Section 401 Water Quality Certification has not been
issued prevents this office from taking a favorable action;
7) The Division of Coastal Management has determined the project proposal
inconsistent with the partial listing of the Rules of the Coastal Resources
Commission: a) NCAC T15A:0206(c) Management Objective for estua-
rine waters which is to conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological social
aesthetic and economic values .... ; b) 07H.0208(a)(2)(B) requires the
Division to find, before issuing a permit, that the applicant has selected a
combination of sites and designs that will have a minimum adverse impact
upon the productivity and biologic integrity of coastal marshlands,
submerged aquatic vegetation and spawning and nursery areas; c)07H,
0208(a)(2)(E) requires that development not measurably increase
siltation; and d) 07H.0208(a)(5) states that in Outstanding Resources
Waters, development activities not covered by specific use standards, no
permit shall be issued if the activity would, based on site specific infor-
mation materially degrade water quality or outstanding resources values ... .
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires permit denial of the application
for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern; and N.C.G.S. 113-229(e)(5) which provides for permit denial upon fording
that the proposed project will have an adverse impact on estuarine fisheries.

Mr. Thomas M. Singleton
Page 3
September 22, 1998
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 20 days from the
receipt of this letter. 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.
If you have any questions concerning this matter, please contact Mr. John Parker at 919n33-
2293, P. O. Box 27687, Raleigh, NC 27611.
Sincerely,
/R?G�6/�-
Donna D. Moffitt
DDM/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM:
Cppy
TO: JOHN PARKER,,- /
FROM: T. BARRETT
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR
PERMIT - THOMAS SINGLETON / HOLIDAY VILLAGE MOBILE
HOME PARK, CARTERET COUNTY
DATE: July 27, 1998
John, please refer to the memo of 7/27/98 to all review agencies regarding this
project for the correction to the field report. My comments and
recommendations remain the same, as they were not based on the PNA
status of the site, or lack of one. Sorry for the error.
i
tjb
cc: Ted Tyndall
Morehead City Otiice
Hestron Plaza II, 15 1 -13 HN% . 24, Morehead City, NC 28557
Phone [phone] Fax [phone]

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM: Q�
0
TO: CAMA PERMIT REVIEW AGENCIES
FROM: T. BARRETT 1)f5
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR
PERMIT - THOMAS SINGLETON / HOLIDAY VILLAGE MOBILE
HOME PARK, CARTERET COUNTY
DATE: July 27, 1998
Please make a correction to the field report you have regarding the above
mentioned project. In the report I stated that Sander's Creek was a
designated Primary Nursery Area. The Division of Marine Fisheries has
corrected me on that - Sander's Creek is not a designated PNA. Please
note, and if this information changes your comments, please make those
changes to John Parker. I apologize for the misinformation and any
inconvenience it may have caused.
1
tjb
cc: Ted Tyndall, DCM
Morehead City Office
Hestron Plaza 11, 151-B Hay. 24, Morehead City, NC 28557
Phone [phone] Fax [phone]

i
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas Singleton
2. LOCATION OF PROJECT SITE: Adjacent to Sander's Creek off of Bogue Sound at 1463 Highway 24
in Carteret County. This is between Broad and Goose Creeks within the community of Ocean.
Photo Index - 1995: 39-480, grid F7,8 1989: 160-15, grid Q-8
State Plane Coordinates - X: 2609350 Y: 355200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -March 03, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: June 15, 1998
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned -None
(F) Type of Structures: Existing - Mobile Home Park, Bulkhead
Planned - Boat ramp, Pier
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DRF17C'TRI7 FII.I.F71 CITFTFR
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other
Shallow Bottom Habitat
875 sf
High Ground
2652 sf
Open Water
60 sf
(D) Total Area Disturbed: 35
(E) Primary Nursery Are Yes
(F) Water Classification: A- Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a boat ramp within an existing basin
area on the east prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.

FIELD INVESTIGATION REPORT:
Thomas Singleton
PAGE #2
9. NARRATIVE DESCRIPTION:
The project site is an existing mobile home park adjacent to Sander's Creek off of Bogue Sound
in Carteret County. This 84 acre tract is located at 1463 Highway 24, between Broad and Goose
Creeks, within the community of Ocean. The property ranges from 0' to 28' mean sea level in
elevation, and is mostly cleared. The mobile homes on the site are serviced by a community well
system and individual septic tanks. The tract has been approved by Carteret County for the
installation of 85 mobile homes. The vacant portion of this tract has recently been cleared of
vegetation, and has been considerably ditched, with drain pipes installed.
The property is bordered by the east prong of Sander's Creek to the west, and Sander's Creek
proper to the south. The creek contains a significant amount of coastal marsh, predominantly
SRartina alterniflora and Juncus roemerianus with sparse Tvoha latifolia and Distichlis s i� cata.
There is a visible shellfish resource within the east prong of Sander's Creek and Sander's Creek
proper, and beds of submerged aquatic vegetation within Sander's Creek and Bogue Sound. The
substrate within the project area is very silty. Approximately 350' north of the conflux of the east
and west prongs of the creek lies a basin area off of the east prong that has been stabilized with a
timber bulkhead wall. The bulkhead was accomplished under the CAMA General Permit
process in 1996. The basin was created prior to the onset of the CAMA, as it appears on the
1978 photography #27-1013. According to the applicant, this area was excavated post 1966 by a
man named Greenberg. No files exist to document this.
The Division of Marine Fisheries has designated Sander's Creek as a Primary Nursery Area.
The water classification within the east prong of the creek is SA, while Sander's Creek proper and
the adjoining Bogue Sound cant' the additional designation of Outstanding Resource Waters.
The area was closed to the taking of shellfish for consumption in March of 1996, and remains
closed today. The Carteret County land use plan places this tract within the Limited Transition
classification, with all areas lying within CAMA Areas of Environmental Concern classified as
Conservation. There is P to 1.5' of tidal flux within the east prong of Sander's Creek.
This property has a long and complex history, beginning with the issuance of State Permit #176-
84 for the excavation of a high ground basin connected to the existing basin in the east prong by
way of a canal. The new basin was also to be connected to the AIWW within Bogue Sound by
way of access channel through Sander's Creek. There was other excavation requested within
Sander's Creek and denied. This permit included the authorization for a subdivision and a
marina system within the newly excavated high ground basin. There was a deed dispute at the
time, but all indications are that the ownership questions have been settled.
Permit #176-84 remained active through renewals until 1995. Upon submittal of the last renewal
request, the agencies opted for a new review of the total project, as many regulations had
changed. The applicant failed to complete submittal of all of the requested information, and the
permit expired. The only development accomplished under the permit before its expiration was
the excavation of the access channel from the AIWW to the mainland area of Sanders Creek.
The applicant no longer owns the tract to which this lends access, but retains a perpetual
easement across the high ground to the channel.

There has been no archaeological assessment performed on this tract.
The applicant is proposing to construct a boat ramp into the existing basin area in the east prong
of Sander's Creek. The body of water is approximately 170' across at this point. The proposal is
to place the ramp towards the northeast comer of the basin, in the area currently stabilized by
bulkhead. The most landward 12' of the structure is to be composed of stone, 36' wide,
approximately 45' from the current normal high water line. The next 15' is to be composed of
concrete, extending landward from a point approximately 30' from the normal high water mark.
The next 55' of the structure will be subject to tidal influx. The existing bulkhead will be
removed for a width of 36'. From this point, 30' landward and 25' waterward, a prefab concrete
ramp will. be placed. There are approximately 154 cubic yards of high ground material to be
excavated and 29 cubic yards of shallow bottom area to be excavated for the placement of the
ramp. The spoil will be hauled to an upland area onsite. Approximately 11.4 cubic yards of
concrete fill will be required for ramp construction. With the proposed excavation for the
placement of the ramp, the applicant anticipates a finished water depth of -2' normal low water at
the end of the ramp. The application states that 10' beyond the end of the ramp, the water depth
is -1' to -1.5' normal low water. The sides of the ramp landward of the bulkhead will be
stabilized with additional timber or concrete bulkhead wall, 30' on either side. There is a dock
proposed extending down the middle of the ramp from the location of the existing bulkhead for a
length of 35' and a width of 6'. This structure extends 10' beyond the terminus of the ramp.
Current soundings within the basin area average from -1.9' nlw to -2.2' nlw. Soundings within
the east prong of Sander's Creek average-1.29', -1.7', and -1.4' nwl. Soundings within the next
1100' of Sander's Creek can be broken into six segments, and average -2', -2', -1.4', -1.6', -T and -
1.82' within those segments.
The stated intended use of this proposal is to provide boating access to the residents of the
existing mobile home park. According to Carteret County records, there are approximately 85
mobile homes authorized for this development. The applicant has indicated to this division that
there are no plans for development on the vacant portion of the property. However, there is a
proposal currently with Carteret County for an additional 317 RV spaces on the recently cleared
and ditched portion of this property. The proposed RV spaces extend along the east prong of
Sander's Creek, around the existing basin where the ramp is proposed, and along Sander's Creek.
This development would be subject to authorization under the CAMA major permitting process.
There is no request for any such development under the current proposal.
10. ANTICIPATED IMPACTS:
The project as proposed will require the excavating and filling of approximately 875 square feet
of shallow bottom habitat and 2652 square feet of high ground, and will usurp 60 square feet of
public trust area. Turbidity impacts can be expected during construction. The indirect impacts to
be incurred from a proposal such as this can be greater than the direct impacts. The east prong of
Sander's Creek and Sander's Creek proper are extremely shallow habitats, with normal low water
soundings averaging -17. The fine composition of the bottom in this area makes it particularly
susceptible to sediment resuspension into the water column. It can be expected that boat wake
will increase turbidity due to the proximity of the disturbance to the silty substrate. Additionally,
it can be anticipated that prop wash or "kicking" will occur in an area set aside for boat launching
that offers only shallow water. Turbidity increases can reduce sunlight- penetration, reduce
available oxygen, encourage algae growth, smother benthic organisms, discourage SAV growth,
alter water temperatures, and impair overall water quality. The project as proposed will serve the

boating needs for 85 mobile home residents. It must be anticipated that the RV park proposed to
be located around the perimeter of this basin will also share in the boating access, making it
possible that the launching facilities addressed in this application will serve 402 units.
T. Barrett June 23,1998 Morehead City

' ].rorir._DC]Vx-I✓iI�-1
APPLICATION_
(To be completed by all applicants)
1. APPLICANT
a.. Landowner:
Name Thomas M. Singleton
Address_1463 Hwy. 24
City Newport State N.C.
Zip 28570 Day Phone [phone]
[phone]
Fax [phone] (same as phone)
b. Authorized Agent:
J. W. Forman, Jr., P.E.
Name, Stroud Engineering P.A.
Address 151-A Hwy. 24
City Morehead City State N.C.
Zip 28557 Day Phone [phone]
Fax [phone]
c. Project name (if any) Holiday village
Boat Ramp
NO7M Perndt will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
3. County Carteret
b. City, town, community or landmark
White Oak Township
c. Street address or secondary road number
1463 Hwy. 24, Newport, N.C.
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) Bogue Sound
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.
Bulkhead relocation, boat ramp, fixed
timber piers.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.
c. Will the project be for public, private or commercial
use? Private.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Cast -in -place concrete
boat ramp slab, timber of concrete
bulkhead sections, removal of timber
_bulkhead. Project to provide -boat
access for tenants of Holiday Village
Mobile Home Park.

0
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 84.02 ac
b. Size of individual lot(s) No single lots recorded.
c. Approximate elevation of tract above MHW or
NWL O.to 27.9' NCVD
d. Soil type(s) and texture(s) of tract
Silty sand
e. Vegetation on tract Grass, pine trees
f. Man-made features now on tract Mobile home
park, 92 units, streets, utilities timber.
bulkhead, manmade boat basin
g. What.. is the CAMA Land Use Plan land
classification of the site? (Consult the local rand use plan.)
m. Describe existing wastewater treatment facilities.
Septic tanks for each mobile home site.
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.) Surface
runoff.
o. 'Describe existing drinking water supply source..
Wells — community water system.
5. ADDITIONAL INFORMATION
In addition to the completed . application form, the
following items must be submitted;
Conservation Transitional
Developed Community A copy of the deed (with state application only) or
Rural X Other other instrument under which the applicant claims tide
Limited Transitional to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
B2 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? _X Yes No
(Attach Zoning compliance certificate, ifopplicablc)
j. Has a professional archaeological assessment been
done for the tract? Yes X 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 X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, ifavailabk)
No impacts in project area.
m 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 71.0203 for a
detailed description.) ;.
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army. Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or 'secondary road (SR)
numbers, landmarks, and the like.
o A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name W. F. Parker
Address 565 Neptune Dr., Swansboro, NC 28584
Phone [phone]
Name Mr. Will Fowler
Address 3797 Hwy. 24, Newport, NC 28570
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.
GPC-16091 — Holiday Village — 4/10/96
GPC-14864 — Holiday Village — 1/12/96
176-84 (Major) — Holiday Village — 8/21/84
• 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.
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.
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 Zi�,4�day of To 19�L.
Print Name 7 A 6MgS
..Signature
-"tandow r or Awhorized Agew
FiB 2 5 199a
Please indicate attachments pertaining to your proposed
project:' w
X DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
X DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM W-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.

Form: DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form- DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Depth Depth
55
36
0.6
—2
CbYµb'
r
a r
T
5lzi�c`N�:
5r
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 29.3 cy
b. Type of material to be excavated Silty sand
c. Does the area to be -excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. Highground excavation in cubic yards 154 cy
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Adjacent upland area
or haul away to offsite location.
b. Dimensions of disposal area
C. Do you claim title to disposal area?
X Yes No
If no, attach, a letter grantingpermission from the
owner.':
d. Will a .disp ere 1414a available for future
maintenance?r Yes X `:No
If yes, where?
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 60 if ±
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Landward of existing MHW
e. Shoreline erosion during preceding 12 months
N/A
(Source ojinjor ion)
f. Type of bulkhead or riprap material Timber of
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill
h. Type of fill material
1. Source of fill material
None.
4. OTHER. FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
If yes,
(1) Amount of material to be placed in the
water Concrete ramp 11.4 cy
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
yes XNo
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fencing
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe
c. Will wetlands be cr3ssed in transporting equipment
to project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Appli4/tor Project Nanle<
natwe
Date :
Revised 03195

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)
1171
(1) _ Commercial _Community Xt Private
(2) Number 1
(3) Length 35'
(4) Width 6
(5) Finger Piers _ Yes X No
(i) Number
(ii) ` Length
(iii) Width
(6) Platform(s) _ Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(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 1 — 1.5 ft.
Boathouse (including covered lifts)
(1) Commercial _
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
Private
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance ' buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
t?ANGe.$ X/L' S/ /t az /r9
Applica t or Project Name
Signature
; AZR
Date
FEB % 5 199E

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DATE: BY:
TOM SINGLETON LOCATION MAP 2/18/98 JWF
1463 N.C. HWY. 24 EAST 1 SCALE: SHEET!CAMA PERMIT APPLICATION 1"= 2000' 1 OF 4
NEWPORT3 N. C. 26570
HOLIDAY VILLAGE
CARTERET COUNTY BOAT RAMP S srxOvn ENOIxEERIIdQ,Pa
151A HIGHWAY
24
HCR CIT CTTY, N.C. 29557
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TOM SINGLETON
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CARTERET COUNTY
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SITE LOCATION MAP
CAMA PERMIT APPLICATION
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BOGUE SOUND
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2/18/98 1 JWF
1"=300'1 2 OF 4
28567

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DATE:
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JWF
TOM SINGLETON
SITE PLAN
SCALEI
AS SHOWN
SHEET,
3 OF 4
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CAMA PERMIT APPLICATION
HOLIDAY VILLAGE
g STRGUD ENGINEERING, P.A.
MOREHEADWAY CITY, N.C. 20557
CARTERET COUNTY
BOAT RAMP
[phone]

TOM SINGLETON
1463 N.C. HWY. 24 EAST
'NEWPORT, N. C. 28570
CARTERET COUNTY
i
TYPICAL SECTION
CAMA PERMIT APPLICATION
HOLIDAY VILLAGE
BOAT RAMP
FEB 2 5 1998
BY:
2/18/98 JWF
AS SHOWNI 4 OF 4
1AASTROUD ENGWEEW NG. PA
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SCALE IN FEET

02/24/1998 11:51
9192470494
WATERS EDGE RV PARK
PAGE 02
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
THIS DEED, made and entered into this the 3rd day of
July 199D, by and between WILL B. FOWLER and wife,
DIANE L. FOWLER, party of the first part; and THOMAS M. SINGLETON,
Single, whose address is 1891 Highway 24 East, Newport, North
Carolina 28570, party of the second part;
W I T N E S S E T H
That the party of the first part in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
:;onsiderations.to 'said party paid by the party of the second part,
s the receipt of which hereby is acknowledged, has bargained and sold
and by these presents does bargain, sell and convey unto the party
of th& second part, said party's heirs and assigns subject,
however, to the easements and restrictions hereinafter set forth,
all of the party of. the first part's one-half (1/2) undivided
interest in the .following described property, to wit:
x
All that certain tract or parcel of land lying
i and being situate in. Carteret County, -North
II Carolina, and being more particularly described
as follows:
a
FEE PROPERTY:
`ET " jcc
"� J JJ
Beginning at a point in the southern right-of-
way line of•N.C. Highway No. 24, said point of
beginning being the point of intersection of the
centerline of Sanders Creek and the southern
right -of -wag line of N.C. Highway 24. THENCE
FROM SAID POINT OF BEGINNING SO LOCATED along•
and with the southern right-of-way line of N.C.
Highway 24 North 82° 53' East 653.50 feet to a
point in the southern tight -of -way line of N.C.
Highway 24; thence continuing along and with -the
southern right-of-way line of N.C. Highway No.
24 North 83P 25' East 455.20 feet to a point;
thence continuing along and with the southern
right-of-way line of N.C. Highway 24 North 800
17' East 293.34 feet to a point in the southern
right-of-way line of N.C. Highway 24; thence
leaving the southern right-of-way line of North
Carolina Highway No. 24 South 090 43' East 250.00
feet to a point; thence South 01 0' 47" East
B00 ,- PAGE_11�_,

02/24/1998 11:51
9192470494
WATERS EDGE RV PARK
PAGE 03
40
2,214.65 feet more or less to a point in the mean
highwater mark of Bogue Sound; thence along and
with the mean hi.ghwater mark of Hogue Sound in
a northwestwardly direction (following a course
which has the complements of North 72° 31' West
450.80 feet to a point; thence South 530 14' West
415.70 feet to point; thence North 46° 46' West
316.50 feet to a point; thence North 770 07' West
149.00 feet to a point; thence South 310 43' West
3018.30 feet to a pointsine the tcenterline West
229.50 feet) to a point
Sanders Creek; thence up and with the centerline
of sanders Creek in a northerly direction
( following a course which has the complements of:
North 24* OZ' East 270.30 feet; hence North 230 North371 East
west 13737.20 feet;
140.60 feet; thence North 630 07' West 130.00
feet; thence North 266 33' West 87.40 feet to a
point; thence North 760 59' West 176.40 feet;
thence North 349 12' East 394.00 feet to a point;
thence North 380 07' West 304.10 feet to a point;
thence North 240 03' East 718 feet to a point;
thence North 520 45' East 92.50 feet to a point;
thence North 260 45' West 156.00 feet to a point;
0 feet to a point;
thence North 090 141 East 79;Q
thence North 36 36 East 0 feet to a point;
feet
thence North 049 50' 51" West 184.40 )western
to the
point or place of beginning. Being the
portion of the property acquired by Will B.
Fowler and -Thomas Singleton by the deed recorded
in Book 4631 Page 5. (The above -described
property is hereinafter referred to as the "Fee
Property").
THIS CONVEYANCE IS MAi DE TOGETHER WITH AND SUBJECT
TO THE FOLLOWING!
(1) MARINA PERMIT:
The above -described Fee Property is conveyed
10 eu then with all right, title and interest of
the party of the first part in and to
the number
rina
permit dated March teof 1Norpth Carolina,
ermit
1684 issued by the State
Department of Natural Resources and Community
Development and Coastal Resources Commission
dealing with the construction of a boat basin and
marina on the above -described property; provided,
however, this conveyance is subject to the
restriction that transfer of the -marina per
mit
shall not grant the party of the second part any
2
BOOK 0
�1 Jnn�_�
:,_- -

1 02/24/1998 11:51
9192470494
WATERS EDGE RV PARK
PAGE 04
+e
right in and to the spoil area presently located
on the property of the party of the first part
and shown and defined in the original marina
permit. The party of the second part
acknowledges that the party of the second part
shall have to locate a new spoil area for the
spoil which will be generated from construction
of the marina.and connecting canal.
EASEMENT AREA:
The above -described property is conveyed together
with a perpetual, non-exclusive easement for the
purpose of land and water access from the above -
described property to the channel dredged in
Bogue Sound which easement shall run to the
benefit of the party of the second part and his
heirs, successors and assigns in the. ownership
of the Fee Property.described.above and any and
all subsequent subdivisions thereof. Said
easement is described as follows:
Beginning at a point which is located the
following courses and distances from the
intersection of the centerline of sanders Creek
and the 'southern right-of-way line of N.C.
Highway No. 24: North 820 53' East 653.50 feet;
North 830 25' East 455.20 feet; North 80° 17'
East 293.3-4 feet; South 090 43' East 250.00 feet;
South 000 00' 47" East 2,214.65 feet to a point
in the mean highwater mark of Bogue Sound.
THENCE FROM SAID:POINT OF BEGINNING So LOCATED
North 000 00' 47" .West 520 feet to a point;
thence North 89' 591 13" East 100.0 feet to a
point; thence South 600 00' 47" East 572.35 feet
more or less to the mean highwater mark of Bogue
Sound; thence along and with the mean highwater
mark of Bogue Sound in a northwesterly direction
(bearing a course and distance of approximately
North 620 23' West 112.87 feet) to the point or
place of beginning (hereinafter referred to as
the "Easement Area").
The Easement Area is conveyed together withrand
subject to the following conditions,
restrictions, and rights which run to the benefit
and detriment of both the party of the first part
and the party of the second part, their heirs and
assigns in the ownership of the benefitted and
burdened property (which is fully described in
3
�j
i7Jl.'f\

02/24/1998 11:51
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WATERS EDGE RV PARK
PAGE 05
3
4
the deed recorded in Book 463, Page 5, in the
Carteret County Registry):
A. RIGHTS:
(i) Either party shall have the right to go upon
the Easement. -Area to dig, excavate, cut into,
remove, and pierce the Easement Area so as to
construct a:canal within the Easement Area and
to intersect the canal constructed within said
Easement Area with other canals. In conjunction
with any such excavation necessary for
construction and maintenance of a canal, either
party shall be entitled to build, construct,
erect, repair, maintain, and replace bulkheading
along the canal constructed within the Easement
Area and to build, construct, erect, repair,
replace, maintain and reconstruct a boardwalk
around the canal within the Easement Area. Once
a canal has been constructed in the Easement
Area, neither party shall take any action to
interfere with its use by any ether party or the
guests, licensees or invitees of such party.
(ii) subject to the paramount right to
construct, operate and maintain canals as
aforesaid, either party shall be entitled to go
upon the Easement Area and to place, construct,
repair and reconstruct thereon improved and
unimproved roads and launching ramps (including
the right to clear, cut, fell, remove and dispose
of any and all timber,. trees, underbrush,
buildings, improvements or other obstructions
located within the Easement Area), and to use
motor vehicles, boat lifts, and similar equipment
and apparatus on and over said Easement Area'
subject to the restrictions hereinafter
specified. The right to use motor vehicles shall
include the right to park motor vehicles
(including boat trailers) on the Easement Area
provided: (1) the parked vehicles do not
materially interfere with the use of the Easement
Area as a boat launching facility, ( 2 ) the parked
vehicles do not materially interfere with access
to the Easement Area, (3) no motor vehicle
( including trailers) is left or parked on the
Easement Area for any single continuous period
exceeding fifteen (15) hours and subject to such
other restrictions hereinafter specified.
Parking may be regulated in designated areas
which are acceptable to both the party of the
4 `� L l�q
�=
BOOK PAGC

02/24/1998 M 57 9192470494 WATERS EDGE RV PARK PAGE 01
io
first part and the party of the second part. If
parking in the Easement Area becomes a problem,
the parties shall agree to an equal division of
the parking area and shall be entitled to erect,
signs designating such designateeparking areas.
No party shall be entitled to damages for any
injury dope to any apparatus or facility
authorized, by this subparagraph caused by the
construction, operation or maintenance of canals
otherwise permitted herein.
H. RESTRICTIONS:
(i) Until the Easement Area is excavated, no
motor vehicles, boats, other articles or
structures may be -placed, parked, moored, docked,
left, or constructed within the Easement Area
which will materially obstruct or prevent use of
the Easement Area as a boat launching facility
by any party. Provided, however, notwithstanding
such restriction, during construction of a canal
or other improvement in or upon the Easement
Area, vehicles and other personal property may
be parked in or upon the Easement Area as may be
necessary for the construction of such
improvements. Provided, however, notwithstanding
such, no work shall occur upon the Easement Area
which would prevent use of the Easement Area for
the purposes set forth herein by any party for
more than six (6) consecutive months, unless such
delay is due to 'local, state or federal
regulations requiring delay or postponement of
completion'of the work. After the Easement Area
is excavated, no motor vehicles, boats, other
articles or structures may be placed, parked,
moored, docked, left, or constructed within the
Easement Area which will obstruct, interfere,
hamper or prevent the use of the Easement Area
by any party except as otherwise contemplated
herein. specifically, boats may not be moored
or docked in canals constructed in the Easement
Area.
(ii) Either party who commences construction of
a canal or other structure within the Easement
Area shall .faithfully and promptly perform and
complete such construction within the aforesaid
time period. Any canals constructed within the
Easement Area shall be of sufficient width and
depth to allow a water vessel 20 feet in width
13no�c (p3�. SAG __

02/24/1998 12:38
9192470494
WATERS EDGE RV PARK
PAGE 01
3
:/
and drawing 4 feet to be piloted down canals
within the Easement Area to Sogue sound.
(iii) No construction shall occur upon, under
or over the Easement Area unless such
construction is in accordance and compliance with
all duly issued and authorized local, state and
federal permits required for such activity.
(iv) Any party constructing improvements,
excavating or taking any action within the
Easement Area shall be responsible for the total
cost of such improvements, excavation, or
construction unless otherwise agreed by the
parties at such time. pursuant to such
responsibility, the party conducting such
improvements, excavation or construction shall
indemnify and hold the other party harmless from
any liens or charges which could be threatened
or assessed against the other party by failure
of the responsible party to pay any cost
associated with such improvements, excavation or
construction when such come due.
(v) Either party which constructs, excavates,
or makes any improvements within the Easement
Area shall be responsible for all maintenance
costs associated with such improvements until
such .time as the Easement Area is restored by
such party to a condition which is substantially
similar or equal to the condition of the Easement
Area prior to any such improvements being
constructed thereon or until the other party
connects the Canal constructed within the
Easement Area with An intersecting canal. Once
the..other party connects the canal within the
Easement Area with an intersecting canal, then
both parties shall share equally in the cost of
maintaining the improvements constructed within
the Easement Area. Provided, however, neither
party shall be responsible for any costs incurred
by the other party which are associated with the
initial cost of constructing the canal, the
bulkhead, or connecting to the canal.
Furthermore, neither party shall be responsible
to the other party for any costs incurred due to
the fault or negligence of the other party, his
servants, agents, guests or invitees- It is
recommended that prior to engaging in any work
for which.a party.will seek reimbursement that
said party contact the other party and request
consent for the proposed work; however, failure
6
Boo K Otf PA.G

02/24/1993
12:02
9192470494
WATERS EDGE RV PARK
PAGE 01
it
to request such consent shall not affect either
party's rights. If the other party refuses to
consent, opposes, or is simply not asked, then
the issue of the appropriate costs, the necessity
of the work and other matters shall be determined
by mutual agreement or a court of competent
jurisdiction. In addition to any other recovery,
the winning party to any such action shall be
entitled to reasonable attorney's fees and court
costs. Until the Easement Area is restored or
the other party connects an intersecting canal
to the canal in the Easement Area, if future
maintenance or improvements are necessary in
order to preserve the utility or safety of such
improvements within the Easement Area and if the
party which constructed such improvements within
the Easement Area fails to take reasonable steps
to begin maintenance of said area within
sixty (60) days following receipt of written
notice from the other party, then the other party
shall have the right to undertake and complete
such necessary improvements or construction upon
the Easement Area and to recover from the other
party such costs to correct such deficiency,
together with interest at the rate of one and
one-half percent (l'M per month, court costs
and his reasonable attorney fees necessary to
collect such amount from the other party.
Provided, however, should the Court determine
that such improvements or construction were not
necessary for the safety or utility of the
improvements, then the party bringing such action
shall be liable, to the other party for such
party's reasonable attorney fees in defending
such action.
(vi) Any improvements constructed within or upon
the Easement Area shall be available for use by
and may be used by either Party and their
successors and assigns in the ownership of the
property herein conveyed to the party of the
second part or this day conveyed to the party of
the first part by the party of the second part
(said property being described in Hook 463,.Page
5 in the Carteret County Registry).
(vii) if either party should decide to take any
action which would involve removal or destruction
of any of the bulkheading or boardwalk previously
constructed in the Easement Area ;(such as
piercing the canal for an access canal or boat
7 /
BOOK 3� PAGE`I

02/24/1998 12:02
9192470494
WATERS EDGE RV PARK
PAGE @2
ramp), the party causing such destruction, if
practical, shall repair or replace such
bulkheading and boardwalk as soon as practical
with materials of similar quality and
construction and shall take such action as shall
be necessary to ensure that no in.mediate or
future damage occurs to that portion of the
bulkheading or boardwalk remaining in place due
to such removal or destruction.
(viii) To the greatest extent possible, all boat
ramps shall be constructed so that boats are
deposited into or retrieved from feeder canals
which run off the main marina canal to be
constructed in the Easement Area. if feeder
canals are not possible, boat ramps shall be
constructed so as to minimize any disruption of
the flow of boat traffic through the canal in the
Easement Area.
(ix) Both parties agree to execute, record and
40 enforce legally binding restrictions on their
respective properties which run to the benefit
of the property of the other party which prohibit
any person, firm or corporation from anchoring,
docking, mooring, or tying up any boat or vessel
within the canal in the Easement Area or from
constructing any pier, dock, or other structure
within the canal in the Easement Area.
MAINTENANCE AREA.
The above -described property is conveyed subject
to a perpetual non-exclusive easement which
easement hereby -is reserved by the party of the
first part for maintenance and repair of the
Easement Area described above over and upon the
following described property:
Beginning at a point which is located the
following courses and distances from the
intersection of the centerline of sanders Creek
and the southern right of way line of N.C.
Highway No. 24; North 82° 53' East 653.50 feet;
North 83° 25' East 455.20 feet; North 80' 17'
East 293.34 feet; South 090 43' East 250.00 feet;
South 000 00' 47" East 2,214.65 feet to a point
in the mean highwater mark of Bogue Sound.
THENCE'FROM SAID POINT OF BEGINNING SO LOCATED
North 000 00' 47" West 545 feet to a point;
Y hanra Cnn1-h Roc 59' 9911 writ_ 25 feet- to a point;

02/24/1996 12:38
9192470494 WATERS EDGE RV PARK PAGE 02
3
40
thence South 000 00' 47" West 545 feet more or
less to the mean highwater mark of Bogue sound;
thence along and with the mean highwater mark of
Hogue Sound in a southeasterly direction having
a complement of South 720 311 East 25 feet more
or less to the point or place of beginning (said
property being referred to as the "Maintenance
Area").
4. MAINTENANCE EASEMENT.
The above -described Fee Property is conveyed
together with a non-exclusive perpetual easement
for maintenance and repair of the Easement Area
described above over and upon the following
described property:
Beginning at a point which is located the
following courses and distances from the
intersection of the centerline of Sanders Creek
and the southern right of way line of
N.C. Highway No. 24: North 820 53' East 653.50
feet; North 830 25' East 455.20 feet to a point;
thence North 800 17' East 293.34 feet to a point;
South 090 43' East 250.00 feet to a point; thence
South 000 00' 47" East 2,214.65 feet to a point
in the mean highwater mark of Bogue Sound; thence
North 000 00' 47" West 520 feet. THENCE FROM
SAID POINT OF BEGINNING SO LOCATED, North 000 00'
47"-West 25 feet; North 890 59' 13" East 125 feet
to a point; thence South 000 00' 47" East 597.35
feet more or less to the mean highwater mark of
Bogue Sound; thence along and with the mean
highwater mark of Bogue Sound in a northwesterly
direction to a .point which is the southeastern
corner of the "Easement Area" described above;
thence North 006 00' 47" West 572.35 feet to a
point; thence South 890 59' 13" West 100 feet to
the point or place of beginning (said property
being referred to as the "Maintenance Easement").
5. RESTRICTIONS UPON MAINTENANCE AREA AND
MAINTENANCE EASEMENT.
No improvements may be constructed within the
Maintenance Area or the Maintenance Easement
which would interfere with the use of the
Maintenance Area or Maintenance Easement for
maintenance of the Easement Area. Provided
however, bulkheading, boardwalks, bul$head anchor
plates, canals, and boat ramps are 'permissible
/ BOOKJILJ✓

02/24/1998
N
12:02 9192470494 WATERS EDGE RV PARK PAGE
within the Maintenance Area and Maintenance
Easement.
6. ROAD EASEMENT.
The above -described Fee Property is conveyed
together with an easement for ingress, egress,
regress, and access to and from the above
described Fee Property to and from the Easement
Area described above over and upon an area thirty
(30) feet in width, the centerline of which is
located in the center of the road which presently
runs from eastern property line of the Fee
Property to the eastern property line of the
Easement Area as shown on the attached map
labeled Attachment A and delineated by a bold
line. This easement shall exist until the marina
referenced above is constructed on the Fee
Property. if the marina is never constructed,
this --easement shall continue in the perpetuity.
Provided, however, the owner of the property
a through which this Road Easement passes may
relocate said Road Easement provided such owner
constructs a road of equal or better quality and
width and executes a recordable instrument
properly- describing the new Road Easement.
Access may be required from N.C. Highway 24. If
the party of the second party should desire, to
have the Road Easement surveyed at the party of
the second part's expense and more particularly
described, the party of the first part agrees to
execute a new easement describing the Road
Easement by metes and bounds description.
7. DEFINITIONS.
(i) References to party, parties, either party,
the party of the first part, and the party of the
second part herein shall include their heirs,
successors and assigns and their guests,
employees, customers, invitees and licensees and
any parties which have rights in any portions of
the property described above, in any portion of
the property described in the deed recorded in
Book 463, Page 5, or in any portion of the
property conveyed to the party of the first part
by the party of the second part by the
simultaneous exchange of deeds contemplated by
this deed.
10 // a� �,�� /
BOOK— {�r�in
03

02124i1998.. 12:02
0
9142470494
WATERS EDGE RV PARK
PAGE 04
(ii) References to "construct" "erect"
"maintain" or words with similar meanings shall
include construct, repair, replace, maintain,
improve, -.reconstruct, and other similar words.
8. LIMIT OBJECTION.
By execution of this deed, the party of the first
part, his heirs, successors and assigns, agree
that until June 30, 1993 they shall not object
in any manner to any proposed development,
rezoning, marina permit application, or other
development plan which the party of the second
part, his heirs, successors or assigns may
propose for the property described herein,
provided such proposal does not violate one or
more of the restrictions or limitations contained
in the descriptions or substantially interfere
with any rights granted to the party of the first
part by the party of the second part by deed of
even date herewith.
v
TO HAVE AND !TO HOLD said property and all privileges and
xappurtenances thereunto belonging to the party of the second part,
said party's heirs and assigns forever subject, however, to the
easements, restrictions and other matters set forth above.
And the party of the first part does covenant that said
IIparty is seized of said property in fee and has the right to convey
same in fee simple; that the same is free from encumbrances except
any encumbrances or restrictions mentioned above and that said
party will warrant and defend the title to the same against the
lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the party of the first part has set
said party's hand hereto and has adopted as said party's seal the
typewritten word "SEAL" appearing beside said party's name, this
the day and year first above written.
WALL •B:' FO FOWLER
(SEAL)
MANE L. FOWLER �y
BOOK � ��i~

02/24/1998 12:02
9192470494
WATERS EDGE RV PARK PAGE 05
STATE OF NORTH CAROLINA,
COUNTY OF CARTERET '
I, Poll v M. Wilson , a Notary Public in
and for said County and State, do hereby certify that WILL B.
FOWLER and wife, DIANE L. FOWLER personally appeared before me this
day.and`acknowledged the due execution of the foregoing instrument.
WXTNESS my band and notarial seal, this the '3rd day of
ad" •ui.,, AIJUIV 1990.
av'O AR
Notary Public
%,'•�r: My' G�*ission Expires:
STATE -OF NORTH CAROLINA _
COUNTY OF CARTERET l
The foregoing certificate of (11htr'yw/
z , a Nota Pub is of C�/ EJ
9 County, North Carolina, is certified to be correct- This
} instrument was presented for registration this day and hour and
duly recorded in the office of h egister Deeds of Carteret
County, North Carolina, in Book
C.
This day of 1990, at
01c oock I V .M.
Register of De ds
SIL0933(A)
NLR/16
6-13-90
C
BOOKS PFCE.L-!-.! __._

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Mr. Thomas Singleton
1463 Hwy 24
Newport, NC 28570
Dear Mr. Singleton:
A
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 11, 1998
DWQ Project # 980622
Carteret County
RECEIVED
SEP 17 1998
COASTAL MANAGEMENT
The Division of Water Quality has reviewed your plans for the discharge of fill material at Holiday Village
in Carteret County for boat ramp construction at Sander's Creek Based on this review, we have identified water
quality standards which would be violated by this project. 'M21e uses are turbidity violations due to the repeated
"kicking" of sediment by boats at this facility. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H
.0506. Therefore, unless modifications of the proposal are made as described below, we will have to move
toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold
as incomplete until we receive this additional information once we receive this information, our processing time
will start. 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 states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically
can you construct your boat ramp with dredging out to deeper water so as to alleviate concerns for turbidity
violations? 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 three weeks of the date of this letter by sending a copy of this information to me and
one copy to Ms. Joanne Steenhuis Wilmington Regional Office at 127 Cardinal Extension Drive Wilmington NC
28405. If we do not hear from you in three 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.
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Field Office Corps of Engineers
John Parker, DCM
Bill Foreman; Stroud Engineering
r
)y
Certificat ogram
980622.nty
Division of Water Quality • Non -Discharge 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 _. _ IN THE OFFICE OF
MA8 16 3 27 f Ua4INISTRATIVE HEARINGS
COUNTY OF CARTERET 98 EHR 1351
FILED
OFFICE
THOMAS SINGLETON )
Petitioner, )
ORDER CONTINUING
V. ) HEARING
DIVISION OF COASTAL MANAGEMENT )
AND COASTAL RESOURCES COMMISSION )
Respondents. )
Upon joint motion by the parties, the hearing in this contested case is hereby
CONTINUED until May 25, 1999 in New Bern, North Carolina.
Discovery shall be completed on or before May 11, 1999.
IT IS SO /ORDERED.
AR ,
This the l6 day of March, 1999. N,C ATTORNEf GENERAL
Environmental Division
Beryl E. '' ade
Administrative Law Judge
RECEIVED
MAR 2 4 1999
COASTAL MANAGEMENT

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
98 EHR 1351
Thomas Singleton, )
Petitioner, )
V. ) RESPONDENTS' REQUESTS
FOR ADMISSIONS
Division of Coastal Management, )
Department of Environment and Natural )
Resources and Coastal Resources )�rE�uE®
Commission )
Respondents. ) l p N 11 1999
OASTAL MANAGEMENT
TO: I. Clark Wright
Ward and Smith, P.A.
P. 0. Box 867
New Bern, NC 28563-0867
Attorney for Petitioner
Thomas Singleton, having filed a contested case petition with the Office of
Administrative Hearings to contest the denial of a permit application under the Coastal Area
Management Act and a hearing having been scheduled for February 15, 1999, I hereby serve
upon you these requests for admissions under Rules 26 and 36 of the Rules of Civil Procedure
and N.C. General Statutes § lA-1 and Rule .0112 of the Rules of the Office of Administrative
Hearings, Hearings Division.
1. As provided in Rule 36 of the Rules of Civil Procedure, the following Requests
for Admissions must be answered separately and fully in writing and signed by the party or his
attorney. As provided in Rule .0112 of the Rules of the Office of Administrative Hearings, no
-1-

REQUESTS FOR ADMISSIONS
As provided in Rule 36, you must admit or deny in whole or in part the truth of each of
the following requests for admission. If you cannot answer any of the requested admissions, then
set forth in detail why you cannot truthfully admit or deny the matter. If you object to any
request, you must state the reason for your objection. You may state your responses in the spaces
provided using additional pages if necessary or restate the requests to be followed by your
responses in a separate document.
Request 1. Sanders Creek functions as a Primary Nursery Area.
Answer 1.
Request 2. Sanders Creek provides nursery area for commercially and recreationally
important species such as spot, croaker, menhaden, brown shrimp and white shrimp.
Answer 2.
Request 3. Water depth in Sanders Creek at mid -tide to low tide is approximately two
feet or less in depth.
Answer 3.
Request 4. The water depth in Sanders Creek is marginal to inadequate for
commercial boat ramp use.
Answer 4.
- 3 -

Request 5. Commercial boat ramp use would include all sizes of trailered boats as
well as jet skis.
Answer 5.
Request 6. The proposed project is intended to provide boating access to the residents
of an 85-unit mobile home park.
Answer 6.
Request 7. The trailer park adjacent to the project site will expand.
Answer 7.
Request 8. A proposal exists to create an additional 317-unit mobile home park
adjacent to the property.
Answer 8.
Request 9. Increased turbidity levels in Sanders Creek will have an adverse impact on
this Bogue Sound tributary.
Answer 9.
Request 10. Resource impact from prop wash and actual bottom kicking will adversely
impact Sanders Creek. a tributary to Bogue Sound.
Answer 10.
Z�

v
Request 11. Bottom sediments at the site are very fine and easily suspended into the
water column.
Answer 11.
Request 12. Boat traffic in the shallow waters of Sanders Creek will very likely create
constant violations of State turbidity standards.
Answer 12.
Request 13. The area of Sanders Creek near Bogue Sound is classified as Outstanding
Resource Waters by the Environmental Management Commission.
Answer 13.
Request 14. Turbidity caused by suspended silty sediments will be flushed by the tide,
causing a reduction in light penetration needed for submerged aquatic vegetation in the mouth of
Sanders Creek.
Answer 14.
Request 15. Turbidity caused by suspended silty sediments will be flushed by the tide
and reduce overall water quality of the Outstanding Resource Waters of Sanders Creek.
Answer 15.
- 5 -

Request 16. A relatively high boat traffic pattern in Sanders Creek narrows will
adversely impact adjacent marshes due to erosion from boat wake.
Answer 16.
Request 17. Boat operators will likely cause more wake as the boat is accelerated to a
planing position to navigate the shallow water.
proj ect.
Answer 17.
Request 18. A Section 401 Water Quality Certification has not been issued for the
Answer 18.
Request 19. The project is inconsistent with conserving and managing the important
features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic
and economic values.
Answer 19.
Request 20. The Petitioner has not selected a combination of sites and designs that will
have a minimum adverse impact upon the productivity and biologic integrity of coastal
marshlands, submerged aquatic vegetation and spawning and nursery areas.
Answer 20.
I:E

Request 21. The proposed project measurably increases siltation.
Answer 21.
Request 22. The proposed project would materially degrade water quality or
outstanding resource values.
Answer 22.
Request 23. The poposed project will have an adverse impact on estuarine fisheries.
Answer 23.
Request 24. The Petitioner has access to a permitted channel located in the main part of
Sanders Creek.
Answer 24.
Request 25. An alternative site exists for the proposed boat ramp.
Answer 25.
- 7 -

Respectfully submitted this the 8th day of January, 1999.
MICHAEL F. EASLEY
Attorney General
By: �!
Mary Penn hompson
Associat Attorney G eral
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
State Bar No. 24567
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing RESPONDENT'S
REQUESTS FOR ADMISSIONS on the Petitioner, through his attorney, by depositing a copy in
the United States Mail, first class, postage prepaid, addressed as follows:
I. Clark Wright
Ward and Smith, P.A.
P. O. Box 867
New Bern, NC 28563-0867
This the 8th day of January, 1999.
MICHAEL F. EASLEY
Attorney General
EP/29665/wp

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
Thomas Singleton,
Petitioner,
V.
Division of Coastal Management,
Department of Environment and Natural
Resources and Coastal Resources
Commission
Respondent.
TO: I. Clark Wright
Ward and Smith, P.A.
P. O. Box 867
New Bern, NC 28563-0867
Attorney for Petitioner
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
98 EHR 1351
RESPONDENT'S FIRST SET
OF INTERROGATORIES TO
PETITIONER
NOW COMES Respondent, the North Carolina Department of Environment and Natural
Resources, Division of Coastal Management (the "Agency"), by and through its counsel, Michael
F. Easley, Attorney General of the State' of North Carolina, and Mary Penny Thompson,
Associate Attorney General, and propounds to Petitioner Thomas Singleton, (hereinafter referred
to as "Petitioner"), Respondent's First Set of Interrogatories to Petitioner, pursuant to N. C. Gen.
Stat. § lA-1, Rules 26 and 33; N. C. Gen. Stat. § 15013-28; and 26 N.C.A.C. 03 .0012. Pursuant
to 26 N.C.A.C. 03 .0012(f), you must, within fifteen days of receipt of these discovery requests:
(1) move for relief from the requests; (2) provide the requested information and material; or (3)
offer a schedule for reasonable compliance with the requests.

INSTRUCTIONS
1. In these interrogatories, and requests for the production of documents, the use of
the conjunctive word "or" shall be construed to include the disjunctive and vice versa; the use of
the singular shall be construed to include the plural and vice versa; and the use of any gender shall
be construed to include the other gender.
2. Whenever your knowledge or information is requested, the information solicited
includes the facts known to your present and former trustees, directors, officers, employees,
agents, representatives, officials and, unless privileged, your attorneys.
3. If you cannot answer an interrogatory completely, answer the interrogatory to the
extent possible and state the reasons for your inability to provide a complete answer.
4. When you are asked to identify a natural person, please provide:
(a) the person's full name;
(b) the person's present or last known business or home addresses;
(c) the person's present or last known business or home phone numbers; and
(d) the person's present or last known occupation.
5. When you are asked to identify an act, please provide:
(a) the time and place of the act;
(b) the nature of the act;
(c) the names of the persons performing or joining in the act; and
(d) the names of all persons witnessing or having knowledge of the act.
6. When you are asked to identify a document, please provide:
(a) the date of the document or, if it has no date, the date the document was
prepared;
(b) a description of the form of the document (e.g., letter, memorandum, etc.)
and the number of pages in the document;
(c) the document's title, if any;
(d) a general' description of the document's contents;
2

(e) the identity of the document's author and any person who made any
notation on the document or who signed or initialed the document;
(f) the identity of the addressee and all other persons receiving copies of the
document;
(g) the identity of the document's present or last known custodian; and
(h) the document's present or last known location.
You may produce a document for inspection and copying pursuant to Rule 33(c) of the North
Carolina Rules of Civil Procedure in lieu of describing the document in the manner described
above. Mark each document which you produce with .the number of the interrogatory or
production request to which the document corresponds.
7. Whenever the identification of documents is requested, the request includes all
documents in the possession, custody or control of your present and former trustees, directors,
officers, employees, agents, representatives, officials, and unless privileged, your attorneys.
8. If a document which would have been responsive to this request has been destroyed
or discarded, please provide:
(a) the date of the document or, if it has no date, the date the document was
prepared;
(b) a description of the form of the document (e.g., letter, memorandum, etc.)
and the number of pages in the document;
(c) the document's title, if any;
(d) a general description of the document's contents;
(e) the identity of the document's author;
(f) the identities of the addressee and all other persons receiving copies of the
document;
(g) the identity of the document's last known custodian;
(h) the document's last known location; and
(i) the date the document was destroyed or discarded and the reason the
document was destroyed or discarded.
3

9. If you withhold any document under any claim of privilege, please provide:
(a) the date of the document or, if it has no date, the date the document was
prepared;
(b) a description of the form of the document (e.g., letter, memorandum, etc.);
(c) the document's title, if any;
(d) a general description of the document's subject matter and a statement of
whether or not the subject matter is limited to legal advice or information
provided for the purpose of receiving legal advice;
(e) the identity of the document's author;
(f) the identity of the addressee and all other persons receiving copies of the
document;
(g) the identity of the document's present or last known custodian;
(h) the document's present or last known location; and
(i) the specific privilege claimed and the basis for the claim of privilege.
The fact that you assert a claim of privilege with regard to a particular document does not excuse
you from identifying that document.
10. Please supplement your responses to these requests to the full extent required by
Rule 26(e) of the North Carolina Rules of Civil Procedure.
DEFINITIONS
As used in these requests and interrogatories:
"You" and "your" shall refer to the Petitioner in this action, his employees, agents and
other representatives;
2. "Agency" or "DCM" shall refer to the Division of Coastal Management of the North
Carolina Department of Environment and Natural Resources, its officials, employees, agents and
representatives.
3. "Permit Application" shall refer to the Application signed by Petitioner on February
20, 1998 and received by DCM on February 25, 1998.
H

4. "Denial" shall refer to the denial of the Permit Application memorialized in the letter
addressed to the Petitioner dated September 22, 1998 from Donna Moffitt, Director, DCM, which
is the subject of this contested case proceeding.
5. "Petition" means the petition which you filed in the Office of Administrative
Hearings to initiate this contested case proceeding.
6, "Prehearing Statement" means the document captioned as such and which you filed
with the Office of Administrative Hearings in this contested case.
7. 'Person" and "persons" shall mean any individual, sole proprietorship, partnership,
foundation, trust, corporation, division, firm, business entity, joint venture, federal, state, county or
city government, federal, state, county or city agency, or any other entity, agency, committee or
commission, incorporated or unincorporated association, organization or group.
8. "Document" includes written or graphic matter of every kind or description, whether
printed or reproduced by any process, or written and/or produced by hand, whether final or draft,
original or reproduction, whether or not claimed to be privileged or otherwise exempt from
discovery, including but not limited to the following categories: letters, correspondence, memoranda
of telephone or personal conversations, microfilm, microfiche, telegrams, books, magazines,
newspapers, advertisements, periodicals, bulletins, circulars, brochures, pamphlets, statements,
notices, advertising layouts, trade letters, press releases, reports, directives, minutes or records of
meetings, interoffice communications, memoranda, financial statements, ledgers, books of account,
proposals, prospectuses, offers, orders, receipts, working papers, worksheets, engineering notebooks
and data, notes, raw data, research data, desk calendars, appointment books, diaries, routing slips,
time sheets, logs, movie tapes, records, drawings, blueprints, sketches, plans, guidelines, graphs,
5

charts, photographs, data processing printouts and computation (both in existence and stored in
memory), transcripts of oral statements or testimony, and any and all other data compilations or
information resources from which information can be obtained or translated, if necessary, through
detection devices into reasonably usable form. "Document" also includes the original of any
document in whatever medium it may exist and any copy of such original differing in any way from
such original.
9. With respect to words used in these discovery requests which are not specifically
defined above, please note that the words have been chosen for their common meaning. Please
resolve any doubt you may have about the meaning of a word in favor of an interpretation which
gives reasonable meaning to the discovery request.
Z

WRITTEN INTERROGATORIES
Describe in detail how Respondent has deprived Petitioner of property as alleged in
its Petition for a Contested Case Hearing, including the nature or location of the alleged property,
the alleged value of the property, and the Respondent's action which deprived Petitioner of property.
ANSWER:
2. Identify any documents or other material known to Petitioner or in Petitioner's
possession relating to the allegations described in Interrogatory 1.
ANSWER:

3. Describe how Respondent has substantially prejudiced Petitioner's rights thereby
exceeding the agency's authority or jurisdiction as alleged in the Petition for Contested Case,
including the specific nature of the rights prejudiced and the specific legal authority or jurisdiction
the agency exceeded.
MMAS
4. Identify any documents or other material known to Petitioner or in Petitioner's
possession relating to the allegations described in Interrogatory 3.
ANSWER:
N

Describe in detail how Respondent has acted erroneously as alleged in the Petition
for a Contested Case Hearing.
ANSWER:
6. Identify any documents or other material known to Petitioner or in Petitioner's
possession relating to the allegations described in Interrogatory 5.
ANSWER:

Describe in detail how Respondent has failed to use proper procedure as alleged in
the Petition for a Contested Case Hearing, including the specific procedure which DCM failed to use.
ANSWER:
8. Identify any documents or other material known to Petitioner or in Petitioner's
possession relating to the allegations described in Interrogatory 7.
ANSWER:
10

9. Describe in detail how Respondent has acted arbitrarily or capriciously as alleged in
the Petition for a Contested Case Hearing.
ANSWER:
10. Identify any documents or other material known to Petitioner or in Petitioner's
possession relating to the allegations described in Interrogatory 9.
ANSWER:
11

11. Describe in detail how Respondent has failed to act as required by law or rule as
alleged in the Petition for a Contested Case Hearing and identify the specific law or rule which
Petitioner alleges has been violated.
ANSWER:
12. Identify any documents or other material known to Petitioner or in Petitioner's
possession relating to the allegations described in Interrogatory 11.
ANSWER:
12

13. Identify the harm or injury allegedly resulting from the denial of the Permit
Application.
ANSWER:
14. Describe in detail the damages or other remedial relief that Petitioner is seeking in
the captioned case.
ANSWER:
13

15. Identify every person known to Petitioner who may have knowledge or evidence
relating to Petitioner's allegations as contained in the Petition for a Contested Case Hearing and
Prehearing Statement.
ANSWER:
16. For each of Respondent's Requests for Admissions that you have denied in whole
or in part:
(a) state the facts upon which you have based your denial;
(b) identify all documents which support your denial; and
(c) identify all persons with knowledge of the facts which support your denial.
ANSWER:
14

17. Identify each person you or your attorneys expect to call as an expert witness at the
contested case hearing. As to each person, state:
(a) the field or fields in which the witness is to be offered as an expert;
(b) a summary of the witness' qualifications;
(c) the subject matter about which the witness is expected to testify;
(d) the substance of the facts as to which the witness is expected to testify;
(e) the substance of the opinions as to which the witness is expected to testify;
(f) a summary of the grounds for each opinion; and
(g) whether you intend to introduce a transcript of the witness' deposition at the
contested case hearing in lieu of calling the witness to offer live testimony.
O►(.VI1 deg
15

18. Identify the witnesses you may call, including their name, address, and telephone
number, and summarize the testimony they may offer to support your reasons for contending that the
Division of Coastal Management acted improperly in denying the Permit Application.
ANSWER:
19. Identify the exhibits you may offer to support your reasons for contending that the
Division of Coastal Management acted improperly in denying the Permit Application and summarize
what each exhibit will prove or show.
ANSWER:
16

20. Identify any documents not already identified through these interrogatories that you
consulted or relied on in any way in responding to these interrogatories.
ANSWER:
Respectfully submitted this the 8th day of January, 1999.
MICHAEL F. EASLEY
Attorney General
Mary Peery Thom s
As ooiat6 Attorney�eneral
Attorney for Respondent
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
State Bar No. 24567
17

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing RESPONDENT'S FIRST
SET OF INTERROGATORIES TO PETITIONER on the Petitioner, through his designated attorney,
by depositing a copy in the United States Mail, first class, postage prepaid, addressed as follows:
I. Clark Wright
Ward and Smith, P.A.
P. O. Box 867
New Bern, NC 28561-0867
This the 8th day of January, 1999.
EP/29658/wp
MICHAEL F. EASLEY
Attorney General
18

I
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
Thomas Singleton,
Petitioner,
V.
Division of Coastal Management,
Department of Environment and Natural
Resources and Coastal Resources
Commission
Respondents.
TO: I. Clark Wright
Ward and Smith, P.A.
P. O. Box 867
New Bern, NC 28563-0867
Attorney for Petitioner
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
98 EHR 1351
RESPONDENTS' REQUESTS
FOR PRODUCTION OF DOCUMENTS
TO PETITIONER
NOW COMES Respondent, the North Carolina Department of Environment and
Natural Resources, Division of Coastal Management, (the "Agency"), by and through its
counsel, Michael F. Easley, Attorney General of the State of North Carolina, and Mary Penny
Thompson, Associate Attorney General, and propounds to Petitioner Thomas Singleton,
(hereinafter referred to as "Petitioner"), Respondent's Requests For Production of Documents
to Petitioner, pursuant to N. C. Gen. Stat. § IA-1, Rules 26, and 34; N. C. Gen. Stat. § 15013-
28; and 26 N.C.A.C. 03 .0012. Pursuant to 26 N.C.A.C. 03 .0012, you must, within fifteen
days of receipt of these discovery requests: (1) move for relief from the requests; (2) provide
the requested information and material; or (3) offer a schedule for reasonable compliance with
the requests.

INSTRUCTIONS
1. In these requests for the production of documents, the use of the conjunctive word
-or" shall be construed to include the disjunctive and vice versa; the use of the singular shall be
construed to include the plural and vice versa; and the use of any gender shall be construed to
include the other gender.
2. You may produce a document for inspection and copying pursuant to Rule 33(c)
of the North Carolina Rules of Civil Procedure in lieu of describing the document in the manner
described above. Mark each document which you produce with the number of the interrogatory
or production request to which the document corresponds.
3. Whenever documents are requested, the request includes all documents in the
possession, custody or control of your present and former trustees, directors, officers, employees,
agents, representatives, officials, and unless privileged, your attorneys.
4. If a document which would have been responsive to this request has been destroyed
or discarded, please provide:
(a) the date of the document or, if it has no date, the date the document was
prepared;
(b) a description of the form of the document (e.g., letter, memorandum, etc.)
and the number of pages in the document;
(c) the document's title, if any;
(d) a general description of the document's contents;
(e) the identity of the document's author;
(f) the identities of the addressee and all other persons receiving copies of the
document;
(g) the identity of the document's last known custodian;
(h) the document's last known location; and
(i) the date the document was destroyed or discarded and the reason the
document was destroyed or discarded.
5. If you withhold any document under any claim of privilege, please provide:
-2-

(a) the date of the document or, if it has no date, the date the document was
prepared;
(b) a description of the form of the document (e.g., letter, memorandum, etc.);
(c) the document's title, if any;
(d) a general description of the document's subject matter and a statement of
whether or not the subject matter is limited to legal advice or information
provided for the purpose of receiving legal advice;
(e) the identity of the document's author;
(f) the identity of the addressee and all other persons receiving copies of the
document;
(g) the identity of the document's present or last known custodian;
(h) the document's present or last known location; and
(i) the specific privilege claimed and the basis for the claim of privilege.
The fact that you assert a claim of privilege with regard to a particular document does not excuse
you from identifying that document.
6. Produce each document in its entirety, without abbreviation or expurgation.
7. Produce the documents in the form in which they are kept in the usual course of
your business.
8. Mark each document which you produce with the number of the interrogatory or
request for production to which the document corresponds.
9. Please produce the documents for inspection and copying at the offices of the
Attorney General at 114 West Edenton Street, Raleigh, North Carolina 27603 within the time
prescribed by 26 N.C.A.C. 03 .0012(f).
10. Please supplement your responses to these requests to the full extent required by
Rule 26(e) of the North Carolina Rules of Civil Procedure.
DEFINITIONS
1. "You" and "your" shall refer to the Petitioner in this action and his employees,
agents and other representatives.
SIB

2. "Agency" or "DCM" shall refer to the Division of Coastal Management of the
North Carolina Department of Environment and Natural Resources, its officials, employees,
agents and representatives.
3. "Permit Application" shall refer to the Application signed by Petitioner on February
20, 1998 and received by DCM on February 25, 1998.
4. "Denial" shall refer to the denial of the Permit Application memorialized in the
letter addressed to the Petitioner dated September 22, 1998 from Donna Moffitt, Director, DCM,
which is the subject of this contested case proceeding.
5. "Petition" means the petition which you filed in the Office of Administrative
Hearings to initiate this contested case proceeding.
6. "Prehearing Statement" means the document captioned as such and which you filed
with the Office of Administrative Hearings in this contested case.
7. 'Person" means any individual; sole proprietorship; partnership; foundation; trust;
corporation; division; business entity; joint venture; federal, state, county, or city government;
federal, state, county, or city agency; or any other entity, agency, committee or commission,
incorporated or unincorporated association, organization or group.
8. "Document as used herein shall refer to documents in your actual or constructive
possession, custody or control. The term "document" is used in its broad sense to include, by way
of illustration only and not by way of limitation, all written or graphic matter of every kind and
description, whether printed or reproduced by any process, or written and/or reproduced by hand,
whether final or draft, original or reproduction, including: letters, correspondence, memoranda
of telephone or personal conversations, microfilm, microfiches, telegrams, teletype or facsimile

messages, minutes or records of meetings, interoffice communications, financial statements,
ledgers, books of account, proposals, prospectuses, offers, orders, receipts, working papers, desk
calendars, appointment books, diaries, routing slips, time sheets, logs, movies, tapes (or visual
or audio reproductions), records, drawings, blueprints, sketches, plans, graphs, charts,
photographs, shipping papers, purchase orders, phonograph records, data processing paper results,
data printouts and computations (both in existence and stored in memory components), transcripts
of oral statements or testimony, reports and/or summaries of interviews, reports and/or summaries
of investigations, opinions or reports of consultants, forecasts, opinions of counsel, court papers,
and any and all other data compilations or information resources from which information can be
obtained or translated, if necessary, through detection devices into reasonably usable form or
material similar to any "document" as used herein. "Document" also includes the original of any
document in whatever form or medium it may exist, and all copies of each such document bearing,
on any sheet or side thereof, any marks, including by way of illustration only and not by way of
limitation, initials, stamped indicia, any comment or notation of any charter not a part of the
original text, or any reproduction thereof.
9. With respect to words used in these discovery requests which are not specifically
defined above, please note that the words have been chosen for their common meaning. Please
resolve any doubt you may have about the meaning of a word in favor of an interpretation which
gives reasonable meaning to the discovery request.
-5-

Y,
REQUEST FOR PRODUCTION OF DOCUMENT
1. Produce all documents relied upon or consulted by you in preparing the Permit
Application.
2. Produce any permit applications or preliminary documentation proposing an
alternate boat ramp loction.
3. Produce all documents relied upon or consulted by you in preparing your answers
to Respondent's First Set of Interrogatories.
4. Produce all documents identified in your responses to Respondent's First Set of
Interrogatories.
5. Produce the resume of each expert identified in Respondent's First Set of
Interrogatories.
6. Produce all documents related to this contested case which have been created by the
experts identified in the Respondent's First Set of Interrogatories.
7. Produce all documents upon which the experts identified in Respondent's First Set
of Interrogatories may base their opinions.

Respectfully submitted this the 8th day of January, 1999.
MICHAEL F. EASLEY
Attorney General
By:
Mary Pend/ I'hompso
Associat6Attorne eneral
Attorney for Respondent
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
State Bar No. 24567
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing RESPONDENT'S
REQUESTS FOR ADMISSIONS TO PETITIONER on the Petitioner, through his designated
attorney, by depositing a copy in the United States Mail, first class, postage prepaid, addressed as
follows:
I. Clark Wright
Ward and Smith, P.A.
P. 0. Box 867
New Bern, NC 28563-0867
This the 8th day of January, 1999.
EP29678/wp
MICHAEL F. EASLEY
Attorney General
-7-
9i�

N.C. ATTORNEY GENERAL Fax:[phone] Nov 23 '98 15:51 P.01
FAX TRANSMISSION
DEPARTMENT OF JUSTICE, ATTORNEY GENERAL'S OFFICE
P. O. Box 629, 114 W. Edenton Street
Raleigh, NC 27502
[phone]
Fax: [phone]
To: John Parker Date: November 23, 1998
Fax 4.- [phone] Pages
From: Mary Penny Thompso 01 -1
Subject: Singleton v. DCM, 98 EHR 1351
COMMENTS:
14, including this cover sheet.
Please find attached Petitioner's and Respondents' Preheating Statements as well as the
Document Constituting Agency Action,
Can you send me a copy of the permit file? Also, we should meet in the first week of December
to review the facts of this case and structure our discovery requests to the Petitioner. Please let
me know what dates are convenient for you.
Thanks for all your help.

N.L. HIIUKNtY bLNLKHL Fax:Y1Y—(1b—b(b(
NOV 15 "Ju 15:51 f1.U1
c
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CARTERET FILE NO.: ge-EHR-1351
THOMAS SINGLETON,
Petitioner )
v. )
PETITIONER'S PREHEARING
DIVISION OF COASTAL.. ) STATEMENT
MANAGEMENT, DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES AND COASTAL )
RESOURCES COMMISSION, )
Respondents )
Petitioner Thomas Singleton (Petitioner), by and through
the undersigned counsel, submits the following ?rehearing
Statement.
I. assume. whether Respondents' September 22,
denial of Petitioner's CAMA permit application was erroneous,
unlawful, arbitrary, capricious, involved a failure to act as
required. by law, substantially prejudiced Petitioner's rights,
and/or was made without lawful procedure.
2. Statement of Facts- Petitioner has owned the
property at issue for many years. There -is longstanding existing
use of the proposed boat ramp site for launching of boats. This
existing use, without the benefit of a constructed ramp, causes
significant erosion, sediment disturbance, boat kicking and similar
damage over a much wider area than would be the case with a
properly constructed and operated boat ramp. Petitioner rents
upland portions of his property to others, and has done so for many
years. Petitioner and his tenants/invitees are entitled to a css:
to deep water as a result of Petitioner's common law riparian
rights. such riparian rights likewise are recognized under the
CAMA statutes and regulations. Petitioner also incorporates into

..�. ni IU1Vlu1 1u1111� UA-JIJ (1V V(VI 19UV LJ VQ 1J•JL F.VV
this Prehearing statement all statements of fact as contained in
Petitioner's original Petition.
3. Pro o Witness Petitioner; any of Petitioner's
tenants on the property; Mr. Steve Morrison of Land Management,
inc.; any of Respondent's agency staff; any of Respondent's
witnesses. Petitioner also reserves the right to make additions to
this list based on the result of any discovery or further factual
investigation.
4. Di§covary. Petitioner desires discovery; the
discovery process specified in the rules and/or scheduling order is
acceptable to Petitioner.
5. Hearing Location. The hearing location set in the i
i
Court's October 19, 1998 Scheduling Order (New Bern) is appropriate'
and acceptable to Petitioner.
6, Fntimated Length. One to two (1-2) days.
7, Renr entati The undersigned counsel represents
Petitioner.
0 8. HeaCinq 3cheoule. The February 15, 1999 scheduled
t hearing date appears reasonable to Petitioner at this time.
Petitioner reserves the right to request a continuance if required
by either discovery developments, unforeseen factual developments,
o.x..in order to complete any mediation process.
9. othPr Matters. Petitioner presently is in the
process of evaluating potential submittal of an alternate CAMA
permit application utilizing an alternate boat ramp location.',
Should Respondents approve an alternate, acceptable location, the
matters herein may become moot. Therefore, Petitioner may contact
Respondent in the near future and seek a stay order in this matter
for a defined period of time. Petitioner further reserves the
right to supplement and amend this Prehearing Statement, including
identification of other issues and witnesses, depending upon the
results of further factual investigation and the discovery process.
F

IN.U. HI IUKINtT UtINC.KHL YdX;yly-(!o-o(o( INUV Lo 7o lo•JL r.U4
f
This the 18th day of Novesgber, 199
%!Clark Wright, Jr
N.C. State Bar N 011163
For the firm of
Ward and Smith, P.A.
1001 College Court
Post office Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
L]

N.C. HFFORNEY GLNE.RHL Fax:[phone] Nov 23 '98 15:52 P.05
CCERTIFICAT E OE SERVICE
I certify that I have this day served a copy of the
foregoing PETITIONER'S ?REHEARING STATEMENT by depositing a -.
thereof in an envelope hearing sufficient postage in the u:-..'
States mail at New Bern, North Carolina, addressed to the followln
persons at the following addresses which are the last addresses
known to me:
Daniel F. McLawhorn, Esq.
General Counsel
Department of Environment and Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, North Carolina 21604-1148
Donna D. Moffitt
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mary Penny Thompson, Esq.
Associate Attorney General
North Carolina Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
This the 18th day of November, 1998.
NBMAIN/343583.1
I. Clark Wri , Jr.
For the f' of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, North Carolina 2E
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
4

IN. L. HI IUKINLT bLIVLKHL rax;,jij-(lo-0(0(
NOV LJ yJ6 In;J3 1,.Uo
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
Thomas Singleton, )
Petitioner, )
V. )
Division of Coastal Management, DENR. & )
Coastal Resources Commission )
Respondents. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
98 EHR 1351
RESPONDENTS'
PREHEARING STATEMENT
NOW COME the Respondents, Division of Coastal Management (DCM), North Carolina
Department of Environment and Natural Resources (DENR), and Coastal Resources
Commission (CRC), by and through their undersigned attorney, Mary Penny Thompson,
Associate Attorney General, and file this Prehearing Statement pursuant to 26 NCAC 03 .0104
and Order signed by the 'Honorable Sammie Chess, Jr„ Administrative Law Judge, on October
19, 1998. Respondents reserve the right to amend this Prehearing Statement as the matter
progresses.
1. The issues to be resolved and the statutes, rules, and legal precedent involved.
This matter involves a denial of a Coastal Area Management Act and State Dredge and
Fill Law permit for construction of a boat launching tamp at Holiday Village Mobile Home Park
at Sanders Creek off of Bogue Sound and Highway 24 in Carteret County. At issue is whether
the Respondents acted unlawfully by denying a permit application for a boat launching ramp
based on DCM's own findings, review of inter -agency comments, and determination
that the project was inconsistent with law and rule. The controlling statutes and rules are the

N.U. HI IUKNtY UtNLKHL Fax:'J1'J-(1b-b(b( NOV 2S "J6 15:S6 F'.U(
Coastal Area Management Act (CAMA), N.C. Gen. Stat. § 113A•100 et seq.. the State Dredge
and Fill Law, N.C. Gen. Stat. § 113-229, and N.C. Admin. Code tit. 15A, r. 7H.0200.
2. A brief statement of the facts and reasons supporting the parry's position on each
matter in dispute.
Petitioner sought a CAMA and State Dredge and Fill Law Permit to build a boat
launching ramp along Petitioner's property at Holiday Village Mobile Home Park near Sanders
Creek off of Bogue Sound and Highway 24 in Carteret County. DCM reviewed the application
and submitted it to other agencies for their review and comments_ DCM, through the review and
comment process, found that the project location, Sanders Creek, sustained nursery area for
important species of fish and shrimp; provided an inadequate depth for the proposed use;
contained very fine sediments which are easily suspended in the water column, and held waters
which were classified as Outstanding Resource Waters (ORW) by the Environmental
Management Commission. DCM also found that the project would increase turbidity above
State limits, reduce light penetration necessary for submerged aquatic vegetation, and erode
adjacent marshes. DCM also noted that Petitioner's failure to receive a Section 401 Water
Quality Certification from the Division of Water Quality prevented DCM from issuing the
permit. Because of the findings and the inconsistency of the project with CRC rules, DCM
denied the permit request on September 22, 1998,
Petitioner claims DCM acted erroneously, arbitrarily and capriciously, failed to use
proper procedure or act as required by law or rule, deprived Petitioner of property, otherwise
substantially prejudiced Petitioner's rights, and based on the facts, exceeded its authority or
jurisdiction. Petitioner's main objections to the denial are DCM's consideration of inter -agency
comments. DCM's failure to consider existing adverse impacts of boating in the area, and

IN. I- HI IUKINri UrlNrKHL rdX•717-(to-o(or Nov LJ 'Jo 1:);:)3 r.uu
DCM's issuance of a denial instead of placing the project on administrative hold. Respondents
contend the permit denial was lawful.
3. A list of proposed witnesses.
The Respondents may call the following witnesses:
Donna Moffitt, Director, DCM, Raleigh, NC;
John Parker, Major Permits Manager, DCM, Raleigh, NC;
Doug Hugoett, Permits Analyst, DCM, Raleigh, NC;
Tere Barrett, Field Representative, DCM, Morehead City, NC;
Other DCM employees related to this case;
Employees from other agencies which provided comments; and
All of the Petitioner's witnesses.
4. Whether Respondent will pursue discovery.
Respondents intend to pursue discovery prior to the February 1, 1999 deadline set forth in
the October 19. 1998 Scheduling Order.
5. Location of the hearing.
Respondent does not object to the New Bern, North Carolina location set forth in the
October 19, 1998 Scheduling Order.
6. Estimated length of hearing.
One day.
7. Home and business addresses and telephone numbers.
Not applicable.

IN. I,. HI IUKINrT UCIIr KHL rdX•71y-(Lo-o(o( NUV LJ :R9 1J;J4 r.U7
8. Date when Respondent will be ready for hearing.
Respondent will be ready for a hearing by the week beginning February 15, 1999 as set
forth in the October 19, 1998 Scheduling Order.
9, Other special matters.
None.
Respectfully submitted this the 18th day of November, 1998.
M1CHAEL F. EASLEY
Attorney General
Mary PenwThompoy
AssocTa a Attorne eneral
Attorney for Respondent
N.C, Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
State Bar No. 24567

N.L. HH URNEY UENERHL Fax:[phone] Nov 23 '98 15:54 P.10
CE T� iFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing RESPONDENTS'
PREHEARING STATEMENT on the Petitioner by depositing a copy in the United States Mail,
first class, postage prepaid, addressed as follows:
I. Clark Wright, Jr,
Ward and Smith PA
Attorneys at Law
P. 0. Box 867
New Bern, NC 28563-0867
This the 18tIa day of November, 1998.
MICHAEL F. EASLEY
Attorney General
By: Cr d r� i�Ti
Mary Pe y Thompso
Associate AttornerGeneral
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
E?128()65Jwp

N.I.. HIIUKNtY btNtKHL Fax:yly—(lb—b(b( NOV 23 "J6 15:54 F'.11
MICHAEL F. EASLEY
ATTORNEY GENERAL
0
State of North Carolina
Department of Justice
P. O. BOX 029
FtALEIGH
27602-0629
November 18, 1998
Dean E. Coley
Chief Hearings Clerk
Office of Administrative Hearings
Post Office Drawer 27557
Raleigh, North Carolina 27611-7447
REPLY TO:
Mary Penny Thompson
Environmental Division
Phone: [phone]
Facsimile: [phone]
Re: Thomas Singleton v. Division of C astal Maaw&ment, DENR & Coastal
Resources Commission
98 EHR 1351
Dear Clerk:
Enclosed for filing in the referenced cases are two copies of the agency permit denial
letter, the document constituting agency action which caused the filing of the contested case
petition.
Very truly yours,
Mary Pinny Thom on
Associate Attorney General
MPT/
Enclosure - Denial letter
cc: I. Clark Wright w/ enclosure
EP/28968/wp

N.1- HIIUKNtT UtNtKHL Fax;(lo-o(o(
.'M/23/1998 19:4e
91' 7g494
INOV LJ -ytl 1J;JJ
O' HU NT
2)
3)
WATERS EDGE ,J PARK
PAGE 02
FM lzrq-r Or
RoI.�NA D�sURC95
t.IORTFL.
'410)ENVTRAND C Mnrtn��MG.NT
Q1YfS10N OF CoA`TAL
September 22,1998
certified Mali
Return Receipt Requested
Mr. 7lomas M. Singleton
1463 1-lwy. 24
Newport, NC 28570
Dear Sir:
This letter is in response to your application for permits under the CDRSW Area
Management Act (CAM'!.) and the state dxedgo and 511 law to construct a boat launching ramp
at hm
holiday Village Mobile Hoe Park. The project site is Sanders Creek, east prong, off of
reed on June 151 98 and for whi h notice of eXtended sink of the application, which waL
3, is now complete. review,was provided on September
Based on a coordinated state a$encY mYiew, the
D1vlsivn
made the following findings; oY _uastal Martsg=;ent has
i1 Sanders pntna , Nrew'�y Area (PNA . to Eve a th,; of Marine Fisheries, f Inctions as a
Sanders Creek, as indicated b ee th°ugh it is not designated as a PN
vidas nursery area foi commerciallyY Aimid of Marine Fisheries sampling,
`�
such ss spot'
denband recreational! i amsp6ci s
p croakea, menhade brown Y n2portant species
of this satrapiiti8 data and the findings cove shrimp
and white shrimp. Becattse
of Marine Fisheries formally objected to in items 2-5, below,
Resources Co n4nnitisa the Div.
below; mmissjou expressed conceztt dlife
overpo�tial impactsfdescribed
Water depth ill $enders
To imad pp Y 22 feet oraless lY t mid to low t'
which Would like! xq ldq is marginal
Y include all sizes of Zrailernedco commercial boat ramp use
build out of the trailer park, dozens of trail a boats as wtll as 'ot s levels to the Creek, as we11 as h s per dayd kis• Upon
bot;arrr kic ' .resource ' is likely. Tttr�idity
i8, will have an adverse i unpact°m0P wash and actual
mpact on this Bogve Sound tributary;
Bottom seditneltts at the site are -veryP
Column- There is a bl b Probability fine and easily resuspended into
standards frotn slay ensio tY constant viglationa of State the water
waters, P ❑s of bottom sediments b turbidity
y boat traffic in these shallow
ANC A.O. aek a7tla7, RALCIQN, RC z7011.7-47/174, CA
gUAL opx." MITT/AYry RRMIYC ACTION OHnLQY[
ANON091GCAPITAL
aLVq.. R'Ak [Q„ . NC 4
R-aox nEeTC 04
-72a.tz23 tw•, o-743
.i a99aa LaO/I Q% b[Rca M[U7¢R [Mc[

N.L. HIIORNEY bENEKHL Fax:[phone]( Nov 23 '98 15:55 P.13
09e'3�3/1999 13:40 912Q47P•94
WATERS EDGE RV r nK
i
Mi. Therms M. Singleton
Page 2
September 22, 1998 din Resources
q) Sanders Creels, nearer the Sound. is classified as Outstanding
Waters PM by the Environmental Management Commission, Turbidity
caused by suspended silty sediments v+ill be Hushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat tt•afEc pattern to Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat Wake. Boat
operators will likely cause more wake as the boat is accelerated to a pl mL*1g
Position to navigate tee shallow water;
6) In a July 31. 1998letter to you from the Division of Water Quality, that
Agency .... ..identified significant use which would be removed or de-
graded
Augus by the proWQ i Ira apparent response to your agent's response of
August 13, the DWQ issued a hold letter on September 11. Tile very
fact that the required Section 401 Water troll Certification
issued prevents this office from taking a favorable has not been
PAGE 03
7) 711e Division of Coastal Management has determined the project proposal
inconsistent wjt}a the partial listing of the Rules of the Coastal Resources
Commission; a) N.'CAC T15A:0206(c) M=1Z1nient Objective for estua-
rine waters which is to conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological social
aesthetic and economic values .... ; b) 07H.020$(a)(2)(B) requires the
Aivision to i1nd, before iestiin9 a permit, that the Applicant has selected a
combination pro u sites and designs that will have a minimum adverse lmpa�
upon the productivity and biologic integrity of coastal marshlands
02082submerged£) r uatic f;lvon �p $p°`'xi"'g and nursery areas; c)p71d,
){ ){ pment not measurably inoreasa
Watersndeyelo) m7i f020$(a)(g) states that in Outstanding Resources P mi activities not covered by specific use Standardsno
Permit shall be issued if the activity would ,
, based motion materially degrade watspecific infor_
er quality or on site
outstanding resources values
Based denied
the under
N. mg finding, it is necessary that your application for permits under the
or a p r denied under N,C.G,S. 113A-120(a)(8) which inquires permit denial of the application
En*onfor a pelxnit in atlyy cage the proposal is found inconsistent witlx the state guidelines for Areas of
rnenW Concern; and N.C.O.S. 113-229 e 5 which provides for permit denial upon finding
that t}1e Proposed project will have an adverse i npact on estuarine fisheries.
t
c
s

N.L. HIIUKNLY IoNLKHL fax:yly-(lb-b(b( NOV 15 "J6 15:bb F'.14
,09123YI998 13:40 91 70494
WATER EDGE RV PARK
Mr. Thomas M. Singleton
Page 3
September 22, 1998
PAGE 04
f you
1g before
wish A appeal this denial, you are entitled to a he Baring will involve
Parties
an before an Administrative J,aw Judge who listens to a �. The h
Peres and then maker a recouuuendatjon to the Coastal Resources commission.evidence �enu of both
a hearing must be in the form of written petition, complying with the Your request for
Of the General Statutes of North Caro requirements of Ch&pter 15013
Hearings, P. O. Drawer27447, Ralei �, and must bo filed with the Office of Administrative
receipt of this letter. A copy of the A NC 2761 I.7447 [phone] wiry 20 days &um 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 cl din (ssua issuance
gives the
right to appeal this finding to the U.S. Secretary of CMaa ge wl 1
of thus letter. Your appeal must be Based on the o ibin 30 days of receipt
with the objectives or purposes of e C grounds that the proposed activity is (I) consistent
and thus, may or (-) is aeeossary in the interest of rational security,
Y be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at 919M3-
2293, P. f7. Box 27687, Raleigh, NC 27611.
Sincerely,
/"
Donna D. Moffitt
DDWaw
Or:. Mr. JeRMY Benoit, Djrecror
OCR,%'DNOAA
silver Spring, MA
Colonel Terry R. youngbluth
Corps Of Engineers
Wilmington, NC

State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENEM P. O. BOX 629
RALEIGH
276020629 `i
MEMORANDUM NOV 2 51998
TO: Donna Moffitt, Director COASTAL MANAGEMENT
Charles Jones, Assistant Director
John Parker, Major Permits Manager
FROM: Mary Penny Thompson, Associate Attorney Gener (AP7
DATE: November 24, 1998
RE: Permit Denial Appeal by Thomas Singleton, Carteret County
Attached is a copy of a Petition for Contested Case Hearing filed by Thomas Singleton
through his attorney, Clark Wright of Ward and Smith, P.A. The Petition appeals the denial of a
permit application to construct a boat launching ramp at Holiday Village Mobile Home Park
along Sanders Creek off of Bogue Sound. Petitioner's main objections to the denial are DCM's
consideration of inter -agency comments, DCM's failure to consider existing adverse impacts of
boating in the area, and DCM's issuance of a denial instead of placing the project on
administrative hold. Significant dates in this case are as follows:
October 9, 1998 Petition filed
October 19, 1998 Judge Sammie Chess assigned to case
November 18, 1998 Preheating Statements filed
November 18, 1998 Document Constituting Agency Action filed
November 23, 1998 File requested from John Parker
February 1, 1999 Discovery Deadline
February 15, 1999 Hearing this week in New Bern, NC
Please note that I have been assigned to handle this case. If you have any questions or
wish to discuss this matter further, do not hesitate to call me.
Attachment: Petition for Contested Case Hearing
cc: Jessica Gill (w/o attachment)
EP29061

120 WEST FIRE TOWER ROAD
POST OFFICE BOX 8088
GREENVILLE. N.C. 27835.aDBB
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE BOX 7068
WILMINGTON, N.C. 28406-7068
TELEPHONE [phone]
. FACSIMILE(910) 392-2333
VIA FEDERAL EXPRESS
VIA TELECOPIER
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
1001 COLLEGE COURT
POST OFFICE BOX BBT
NEW BERN. N.C. 28563-0867
TELEPHONE [phone]
FACSIMILE [phone]
WEB SITE www.wardandsmith.com
SUITE 2400
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE BOX 2091
RALEIGH, N.C. 27602-2091
TELEPHONE [phone]
FACSIMILE(919) 836-1507
E-MAIL [e-mail] i
October 9, 1998
,COPY
Administrative Hearings Clerk
Office of Administrative Hearings C El ED
424 North Blount Street OFFICE Os GENERAL COOySEL
Raleigh, North Carolina 27601-2817
RE: Petition for a Contested Case Hearing
Our File 810933-0014-001
E`VViR0i2'v;E`dT HEALTH
Ladies and Gentlemen: AND NATURAL RESOURCES
Enclosed for filing as of today's date is a petition for contested
case hearing on behalf of our client, Mr. Thomas Singleton- I
would be most appreciative if you would see that this petition is
marked as filed as of today's date. We are providing your office
with the signed original and two copies via overnight mail. When
you receive those documents, please return one file -stamped copy to
us using the postage -prepaid, self-addressed envelope that will.be
provided in the overnight mail package for your convenience.
Should you have any questions regarding this matter, or should the
attached facsimile transmission not be complete or legible, please
call me immediately. Thank you in advance for your help.
Yours truly,
I. Clark Wright, Jr.
ICW:icw
NBMAIN\339582.1
Enclosure
cc: Mr. Thomas Singleton
Ms. Donna D. Moffitt
Daniel F. McLawhorn, Esq.

PLEASE PRINT CLEARLY QT; PE
STATE OF NORTH CAAOLINq
COUNTY OF (I)Cartere[
(2) Thomas Singleton
(Your Name) peatloner,
State Agency or Board about which you are
I hereby ask for a contested case hearing m provided for by G.S. 150B-23 because the:
(4) Division of Coastal Mannve. e t —. .u-
IN THE
ADMINISTRATIVE
PETITION
FORA
CONTESTED CASE HEARING
OF
(�� Q - ERAL COUP
OCT 12 1998
El"MPONMENT HEAL;
AND NA11TUP,AL RESOUP
tumnc ur agency) -
l1
(Briefly state facts showing how you believe you have been harmed by the state agency or board.) _
(v -- space is needed use addinonal sheers and attach)
(5) (Check all that apply) Because of these facts, the agency has:'
X deprived me of property; O acted erroneously;
ordered me to pay a fine or civil penalty; X failed to use proper procedure;
X otherwise substantially prejudiced my rights; and based o X acted arbitrarily or capriciously; or
exceeded its authority or jurisdiction these facts the has X failed to act as required by law or mle.
r ririip•qr••irrr•rrrrrrrriprrirrpr+r•rirr•riipprrgrrirrirrir+r+rriwr+r+rrrirrrrrrwirrirrurirrr+aeiiar
rrrrr•
(6)
(8)
(9)
Date: October 9, 1998
(7) Your telephone number: (252-633-1000)
Print your address: Ward and Smith P.A.
Print your name: I. Clari_2 Wrighedr_
(10) Yoursignatme: 3 t
q HN gHirirryibiti Hiiigiriripirtr it rrrrr ! irrlrrgirrirMgrrirHrrrigrriq Hri.
1riHr
You must mail or deliver a COPY to the State Agency named on line (3) of this forth. Please indicate below.
CERTIFICATE OF SERVICE
I certify that this petition has been served on the State Agency named below by depositing a copy of it with the United States Postal Service with
sufficient postage OR by delivering it to the named agency.
Served on:
(I1) See attached Certificate Of Service (12)
(name)
(agency)
(13)
(14) This the _ day of , 1998.
(15)
(your signature)
When you have completed this form you MUST mail or deliver the ORIGINAL and one COPY to the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, NC 27611-7447.
H-06 (11191)
_rryr,

Attachment to Contested Case Petition
Thomas Singleton, Petitioner
Petitioner is entitled to 'a contested case hearing, pursuant to
Article 3 of Chapter 150B of the North Carolina General Statutes,
and to reversal of the CAMA permit denial decision made by
Respondents for, among other reasons:
1. There is nothing in Respondent's rules, or the rules governing
the Division of Marine Fisheries (DMF) that allows an
objection to be based on the assertion that an area "functions
like" a Primary Nursery Area (PNA). The waters in the
vicinity of Petitioner's proposed boat ramp have not been
designated as PNA waters and thus DMF cannot base an objection
on PNA function concerns.
2. The Wildlife Resources Commission comment letter is not a
formal objection and cannot serve' as the basis for a CAMA
permit denial.
3. At the present time, a number of persons are using
Petitioner's shoreline to manually launch small boats into the
very waters that Respondents say they want to protect. These
boats are being launched and driven over and in these same
waters, with no boat ramp facility to reduce the impacts of
erosion and turbidity. Construction and use of Petitioner's
proposed boat ramp would reduce these existing adverse
environmental impacts.
4. The "dozens of boat launches" mentioned in Respondent's denial
letter already can occur (and on some days is already
occurring) regardless of whether Petitioner's proposed boat
ramp project is allowed or not. It is unlawful, irrational
and arbitrary for Respondents to based a permit denial on
impacts that already are occurring.
5. Existing boat use in this area likely is violating state
turbidity standards. Respondents have produced no evidence
indicating that construction and use of Petitioner's proposed
boat ramp would significantly increase such turbidity.
6. Respondents could attach conditions to an issued CAMA permit
to address any valid, documented concerns regarding the number
of boats, or the direction of boat travel from Petitioner's
boat ramp. In fact, the net environmental impact of
Petitioner's proposed ramp would be positive if Respondent
would approve the maintenance dredging of Petitioner's
existing, man-made boat basin, thereby creating a single
channel where boats could access the nearby sound without any
kicking or turbidity problems.

-2-
7. Petitioner is a riparian property owner. Denial of the
proposed boat ramp, coupled with prior denials of other boat
ramp and pier proposals serves as a taking of Petitioner's
private riparian property rights in violation of CAMA use
standards and the common law that guarantee Petitioner a right
of access to deep, or navigable in fact, waters. While the
CAMA statute provides an express process for takings claims,
the CAMA statute and implementing rules also require
Respondents to respect Petitioner's right of access to deep
water as part of the CAMA permitting process.
8. Petitioner's proposed boat ramp is not located in Sanders
Creek, but rather within a previously excavated upland boat
basin owned by Petitioner.
9. Petitioner carefully selected a boat ramp location that avoids
all riparian and coastal wetland impacts.
10. The Division of Water Quality's (DWQ's) final comment letter,
dated September 11, 1998 (copy attached), raised concerns
about kicking and turbidity violations, but then expressly
requested that Petitioner investigate whether his proposed
boat ramp could be constructed "with dredging out to deeper
water so as to alleviate concerns about turbidity violations."
DWQ expressly requested that Respondents "place your project
on administrative hold" in order to allow Petitioner an
opportunity to explore the potential modification of it
pending CAMA permit application to include dredging a channel
out to deeper water. Despite this express suggestion and
request from DWQ, Respondents unlawfully, arbitrarily and
capriciously issued their final denial letter on September 22,
1998, just eleven days later (copy attached).
11. Petitioner remains .willing to consider modification of his
present CAMA permit application to address the suggestion made
by DWQ to avoid turbidity concerns by dredging a narrow
channel to deeper water.
12. It is unclear from DWQ's letter whether DWQ still thinks that
there are wetland impacts associated with Petitioner's
proposed project. As stated in the August 13, 1998 letter to
DWQ from Petitioner's engineer (copy attached), there are no
wetland impacts associated with this project. In any event,
this vague statement in DWQ's letter does not afford
Respondents a basis for permit denial.

-3-
13. Respondents have presented no competent evidence in their
denial letter regarding existing versus predicted levels of
boat traffic in Sanders Creek, or have they documented any
legitimate boat wake concerns. Ironically, any such concerns
would be alleviated by DWQ's suggested modification of the
permit application to include dredging of a channel between
the boat ramp and deeper water.
14. All of the rules cited in Respondent's denial letter identify
subjective criteria where, if Respondents are honest about the
facts, installation of the proposed boat ramp and inclusion of
the DWQ-suggested dredged channel modification actually would
reduce the level of adverse environmental impacts presently
being experienced in Sanders Creek due to the existing levels
of totally unregulated boating traffic.
15. Existing background levels of turbidity were not taken into
account by Respondents in making their permit denial decision.
16. Existing levels of adverse impacts due to existing,
uncontrollable levels of boating traffic were not taken into
account by Respondents in making their permit denial decision.
17. Respondents unlawfully and arbitrarily made unsupported
factual assumptions regarding existing versus future levels of
boat traffic and re existing versus future levels of upland
occupancy rates within Holiday Village.
18. Respondents unlawfully and arbitrarily failed to consider
Potential permit conditions as a means of addressing any
legitimate impact concerns, which conditions would allow for
issuance of the requested CAMA permit.
This the 9t" day of October, 1998.
WARD AND SMITH, P.A.
By:`' `" !'
I. lark Wrigh , J .
Attorney for Pam' -loner
1001 College Court
Post Office Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]

02/25/1998 08:32 91924-194
- -- State of Nortrl eerrouna
Department of Environment
Division tofrWa Wal ater Resources
James S. Hunt, Jr., Govemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
WATERS EDGE Rl WK
PAGE 01
14
NOgTFt CAgOLM
INA DEPARTMENT
OF
ENVIRONMENT AND NATURAL RESOURCES
September 11,1998
DWQProject # 980622
Carteret County
CERTUTED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Singleton
1463 Hwy 24J
Newport, NC 28570
Dear Mr. Singleton: ` t�
The Division of water Quality has reviewed your plans for the discharge of fill material at Holiday Village
In Catterer County for boat ramp construction at Sander's Creek. Based on this review, we have identified water
quality standards which would be violated by this project. Tbese uses are turbidity violations due to the repeated
kicking" of sediment by boats at this facility. Furthermore, insufficient evidence is present in our files to
conclude that your project [oust be built as planned In water: and/or wetlands in accordance with 15A NCAC 2H
.0506. Therefore, unless modifications of the proposal are made as described below, we will have to move
toward denial of your 401 Certification as required by ISA NCAC 2H .0507(e) and will place this project on hold
as incomplete until we receive this additional information once we receive this information, out processing time
will start. 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 Silpponing your position that states yourprojcctmast be constructed as
Planned and that you have no practicable altemntive to placing fill in these waters and/or wetlands, Specifically
can you construe[ your boat ramp with dredging out to deeper water so as to alleviate concerns for turbidity
violations? Any documentation such as maps and narrative that you can supply to
Your project maybe helpful in our review of your 401-Cettificadon. address alternative designs for
Please respond within luxe weeks of the date of this letter by sending a co
one copy
to Ms.'Joam" Steenhuls Wilmington Regional Office at 127 C copy of this information to me and
28405. rf we do net hear from you in three weeks, we will assume that yaarudin longer Extension
Drive Wilpursumington NChis project
and we will consider the project as withdrawn. 1 can be reached at that Yo3-
1786 if you have any questions.
In
R 1),17M
cc: Wilmington DW r office Quality Certifica rogram
Wilmington OfRce Corps of Engineers
Central Files
John Damey
WParker', DCM glen Field Office Corps of Engineers
Bill Foreman; Stroud Engineering
4401:Reedy Creek Rd., Ralel Division
on of Water Quality980622.nry
9 2ve Actin E • Telephone 919+ 733- 7 86 .aFch
i An Equal Opportunitygrtlrmative Action Employer 50% re o
FAX [phone] cycled/ 10% A°sRconsumer paper

09/?3/199B 13:4p 91'7pgg4
WATERS EDCE PARK
PAGE p�
PARTM ENT �g
1dOAEN ptlD NATUPAt R
_r l,. griVtROt`tht OF COASTAL MANAGEM5NY
�.., Dlvt5laK
September 22,1999
Certified Mail '
Return Receipt Requested
Mr. Thomas M. Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Sir:
This letter is in response to your application for permits under the Coastal Area
Management Act (CANED and the state dredge and fill law to construct a boat launching tamp
at Holiday Village Mobile Home Park. The project site is Sanders Creek, east prong, off of
Bogue Sound and Highway 24, in Carteret County g
received on .tune 15, 1998 and for which notice of �t nrded sm of the an
3, is now complete. plication, which was
review was provided on September
Based of a coordinated state agency vieyy � Divisi
made the following findings:
k on oY Caa5tal Management
has
1) Sanders Creek, according to the Division of M
gdary N°rs� Area (pNA). Even thou arine Fisheries, functions as a
Creek, as indicated by Division fit is not designated as a 1NAk
sides nursery area for cotnnnetciall Marine Fisheries s such as spot, croaker Y and reczeationall ampler. pro_
of this s menhaden, brown Y important species
ampliag data and the findings coveredp and white shrimp. Because
of Marine Fisheries farmaily objected to e m items 2-5, belaw t
Resources Coumtissipn expressed con p zrzut issuance
he Div.
below; Ce The Wildlifc
concern over potential impacts described
Z) Water depth in Sanders
to made Creek, especiallY at mid -tide to low tid
Which would likepraately 2 feet or less, for eo
Y include all sizes of trailered baatms ay ell e' is marginal
build out of the trailer boat ramp use
levels in ek 1as park, dozens of Launches per day is likef stet skis. Upon
the Cre well as resource ' Y Turbidity
bottom kicking, will have 'impact fxom pro
an adverse impact on this Bo P wash and actual
3) Bottom sediments at the gue Sound tributary;
Column- There is a,� site are vary pne and easily resuspended into the water
standards li pm sus Sb probability of cones violations of State
waters; Pensions of bottom sed" turbidity
by boat traffic in these shallow
P, O. BOk i7ee7, AA LLION, NC 27e1 I.7ee7/372e cA
AN EQUAL OPPOATVNITT/A"1eNATIVeACTION PITAL BLVD.,R
EMPLOVa p"ONR D, g_ ALaIO N, NC 71,, d
p - eo% AaCYCLi 7]7 22!] IAX l l O-7]].I dB!
• O/I a9L �OeT•CONiVNeA -APCR

09/23/1998 13:40 919247r'94
WATERS EDGE RV � 'K
�&, Thomas M. Singleton
page 2
September 22, 1998
4) Sanders Creek, nearer the Sound, is classified as Outstanding Resources
Waters (ORW) by the Environmental Management Commission. Turbidity
caused by suspended silty sediments will be flushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat traffic pattern in Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat wake. Boat
operators will likely cause more wake as the boat is accelerated to a planing
Position to navigate rise shallow water;
6) In a July 31, 1998 letter to you from the Division of Water Quality, that
Agency .... ..identifed significant use which would be removed or de-
graded by the project'. In apparent response to your agent's response of
August 13, the D WQ issued a hold letter on September 11. The very
fact that the required Section 401 Water Quality Certification has not been
issued prevents this office from taking a favorable action;
7) The Division of Coasta?Management has determined the project proposal
inconsistent with the partial listing of the Rules of the Coastal Resources
Commission: a) NCAC T15A:0206(c)
rine waters which iManagement anageent Objective for estua-
estuarine s to conserve and manage the important features of
waters so as to safeguard'and
aesthetic and economic values perpetuate their biological social
Division to find, .... ; b) 07H.0208(a)(2)(B) requires the
before issuing a permit, that the applicant has selected a
combination of sites and designs that will have a minimum adverse impact
Upon the productivity and biologic integrity submerged aquatic vegetation of coastal Marshlands,and of
and nursery areas, 007H
0208(a)(2)(E) requires that development not measurably increase
siltation; and d) 07H.0208(a)(5)
Waters, development activities states that in Outstanding Resources '
not covered by specific use standards, no
Permit shall be issued if the activity would, based on site specific infor-
mation materially degrade water quality or outstanding resource
Based on the foregoing s values .., .
CAMA be denied g ing fuiding, it is necessary that your application for
under theN.PrG.S. 113A-120(a)(8) which requires Permits under the
for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of
Permit denial of the application
that ` of Proposed
Concern; and N.C,G.S. 1 I3-229(e)(5) which provides for permit denial upon finding
that5the proposed project will have an adverse impact on estuarine fisheries.
8
PAGE 03

09/23/1998 13:a0 91 70494
WATERS EDGE RV PARK
Mr. Thomas M. Singleton
Page 3
September 22, 1998
PAGE 04
If you wish to appeal this denial, you are entitled to a he app�ng before an Administrative Law Judge who listens to the ev Bence andazng will involve
Parties and then makes a recommendation to the Coastal Resources evidence
lumens of both
a hearing must be in the form of written petition, cornI in Commission. Your request for
Of the General Statutes of North Caro p y g therequirementst be filed with thefceof Chapter 15oB Hearings, P. O. Drawer27447, RaleigH, NC 227611-7447 919) 7333 698 wi Office
of Administrative
the
receipt of this letter. A copy of the petition should be filed with this office. thm 20 days from the
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N.1r Coastal Management Program, thereby precluding issuance
gives
Federal permits for this project. The Federal Coastal Zone Management Act el din (CZMAe
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 ay 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.
2293If you have any questions concerning this matter, please contact Mr. , P, O. Box 27687, Raleigh, NC 27611. John parker at 919l733-
�Sincerely,
Donna D. Moffitt
DDMlaw
Mr. Jeffrey Benoit, Director
OCRNWOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

..
STROUD
P.A.
HESTRON PLAZATWO .
t51-A HWY. 24 August 13, 1996
MOREHEAD CITY, NORTH CAROLINA 26557 '
[phone]
Mr. John R. Domey
N. C. D. E. N. R.
Division of Water Quality
4401 Ready Creek Road
Raleigh, North Carolina 27626
Re: DWQ Project # 960622
Holliday Village Boat Ramp Project
Carteret County
Dear Mr. Domey:
This letter Is in response to your letter to Mr. Thomas Singleton of July 30, 1998. You indicated that the
referenced project will not receive a 401 Water Quality Cediriratlon wetlands and a Primary nursery area. Neither is tiue. because the work is proposed in
The work
roosed In an excavated basin in the upper
According it lithe Division of Marine Fisheries, North Carolina cFishedes Rules for Coastal Water, 1997-
1998 Edition, pages 143 to 144. Sanders Creek in Bogue Sound Is not designated as a primary,
secondary or special secondary nursery area. A copy of the rules is enclosed for your information.
As shown on the CAMA application drawings, no vegetated coastal or 404 wettands will be tilled or
excavated by the work. When the basin was excavated, the coastal wetlands areas were preserved.
The proposed boat ramp lS located to preserve the vegetated coastal wetland areas. If you have
doubts about this, a site visit is advised.
A reconsideration of the 401 certification based on the facts of this application is appropriate. We would
expect your reply at the'earliest possible date.
If you have questions concerning this matter, please give me a call.
Sincerely,
STROUD ENGINEERING, P,A.
?4.. Forman, Jr., P.
Project Engineer
CC: Tom Singleton
Tere Garrett, Div, of Coastal Management .
John Packer, Div. of Coastal Management
107 COMMERCE ST.
SUITE e
GREENVILLE. NO 27858
(252)75e-9352
3861 A MARKET ST.
SUITE A
VALMINGTON, NC 28403
[phone]
HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NC 26567
[phone]
OI 'd 860 bzz9Z 'ON m 9NIMNION3 Qf oalS Wd 89:GI 30,I 86-9 -, Do

CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the
foregoing PETITION FOR A CONTESTED CASE HEARING by depositing a
copy thereof in an envelope bearing sufficient postage in the
United States mail at New Bern, North Carolina, addressed to the
following persons at the following addresses which are the last
addresses known to me:
Daniel F. McLawhorn, Esq.
General Counsel
Department of Environment and Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, North Carolina 27604-1148
Donna D. Moffitt
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
This the 9th day of October, 1998.
I. Clark Wright r.
N.C. State Ba I.D. N 011163
For the firm of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 5, 1998
IN M' Z_ IU
Regulatory Division RECEIVED
Action ID No. 199801831
OCT 141998
Mr. Thomas M. singleton COASTAL MANAGEMENT
1463 Hwy. 24
Newport, North Carolina 28570
Dear Mr. Singleton:
By copy of North Carolina Department of Environment and Natural
Resources letter to you of September 22, 1998, we have learned that State
authorization for you to construct a boat ramp and pier adjacent to Sander's
Creek off Hogue Sound, in the Ocean community, Carteret County, North
Carolina, has been denied. Under the administrative rules of our regulatory
program, denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department of the Army
application is hereby denied, and your file has been retired.
If you wish to continue to pursue a DA permit, you must obtain the
required State authorization. in the event you obtain the authorization, we
will reopen your permit file, and continue to process your application. After
the file is reopened, any issues raised during the public review process must
be addressed before a permit can be issued.
Mr. Jeff Richter of my staff is available to answer any questions you
may have or to help you in developing a revised plan. Mr. Richter may be
reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. John Parker Mr. John Dorney
Division of Coastal Management Division of Environmental Management
North Carolina Department of North Carolina Department of
Environment and Natural Resources Environment, and Natural Resources
Post office Box 27687 4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687 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
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516
rMr. William Cox, Chief
Wetlands Regulatory Section -Region IV
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. M. Ted Tyndall, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
Hestron Plaza Two
151-B Highway 24
Morehead City, North Carolina 28557

IV/VV/U5 rAl ll:1V rAA VIV 9O9 VUOV LAwu ➢lAI\AVGAG01 VAVur �..
LAND MANAGEMENT GROUP, INC.
Environmental Consultants
Post. Office Box 2522
Wilmington, North Carolina 28402
FAX. N.o.:.910-452-0,.060
Robert L, Moul
Larry F. Baldwin
W. Stephen Morrison
G. Craig Turner
PLEASE DELIVER THE FOLLOWING
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL: RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 22, 1998
Certified Mail
Return Receipt Requested
Mr. Thomas M. Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Sir:
This letter is in response to your application for permits under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to construct a boat launching ramp
at Holiday Village Mobile Home Park. The project site is Sanders Creek, east prong, off of
Bogue Sound and Highway 24, in Carteret County. Processing of the application, which was
received on June 15, 1998 and for which notice of extended review was provided on September
3, is now complete.
Based on a coordinated state agency review, the Division of Coastal Management has
made the following findings:
1) Sanders Creek, according to the Division of Marine Fisheries, functions as a
Primary Nursery Area (PNA). Even though it is not designated as a PNA,
Sanders Creek, as indicated by Division of Marine Fisheries sampling, pro-
vides nursery area for commercially and recreationally important species
such as spot, croaker, menhaden, brown shrimp and white shrimp. Because
of this sampling data and the findings covered in items 2-5, below, the Div.
of Marine Fisheries formally objected to permit issuance. The Wildlife
Resources Commission expressed concern over potential impacts described
below;
2) Water depth in Sanders Creek, especially at mid -tide to low tide, is marginal
to inadequate, approximately 2 feet or less, for commercial boat ramp use
which would likely include all sizes of trailered boats as well as jet skis. Upon
build out of the trailer park, dozens of launches per day is likely. Turbidity
levels in the Creek, as well as resource impact from prop wash and actual
bottom kicking, will have an adverse impact on this Bogue Sound tributary;
3) Bottom sediments at the site are very fine and easily resuspended into the water
column. There is a high probability of constant violations of State turbidity
standards from suspensions of bottom sediments by boat traffic in these shallow
waters;
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2723 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]S
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Thomas M. Singleton
Page 2
September 22, 1998
4) Sanders Creek, nearer the Sound, is classified as Outstanding Resources
Waters (ORW) by the Environmental Management Commission. Turbidity
caused by suspended silty sediments will be flushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat traffic pattern in Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat wake. Boat
operators will likely cause more wake as the boat is accelerated to a planing
position to navigate the shallow water;
6) In a July 31, 1998 letter to you from the Division of Water Quality, that
Agency .... "identified significant use which would be removed or de-
graded by the project". Inapparent response to your agent's response of
August 13, the DWQ issued a hold letter on September 11. The very
fact that the required Section 401 Water Quality Certification has not been
issued prevents this office from taking a favorable action;
7) The Division of Coastal Management has determined the project proposal
inconsistent with the partial listing of the Rules of the Coastal Resources
Commission: a) NCAC T15A:0206(c) Management Objective for estua-
rine waters which is to conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological social
aesthetic and economic values .... ; b) 07H.0208(a)(2)(B) requires the
Division to find, before issuing a permit, that the applicant has selected a
combination of sites and designs that will have a minimum adverse impact
upon the productivity and biologic integrity of coastal marshlands,
submerged aquatic vegetation and spawning and nursery areas; c)07H,
0208(a)(2)(E) requires that development not measurably increase
siltation; and d) 07H.0208(a)(5) states that in Outstanding Resources
Waters, development activities not covered by specific use standards, no
permit shall be issued if the activity would, based on site specific infor-
mation materially degrade water quality or outstanding resources values ... .
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires permit denial of the application
for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern; and N.C.G.S. 113-229(e)(5) which provides for permit denial upon finding
that the proposed project will have an adverse impact on estuarine fisheries.

Mr. Thomas M. Singleton
Page 3
September 22, 1998
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 20 days from the
receipt of this letter. 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.
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,
Donna D. Moffitt
DDM/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

i""'v NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 22, 1998
Certified Mail
Return Receipt Requested
Mr. Thomas M. Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Sir:
This letter is in response to your application for permits under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to construct a boat launching ramp
at Holiday Village Mobile Home Park. The project site is Sanders Creek, east prong, off of
Bogue Sound and Highway 24, in Carteret County. Processing of the application, which was
received on June 15, 1998 and for which notice of extended review was provided on September
3, is now complete.
Based on a coordinated state agency review, the Division of Coastal Management has
made the following findings:
1) Sanders Creek, according to the Division of Marine Fisheries, functions as a
Primary Nursery Area (PNA). Even though it is not designated as a PNA,
Sanders Creek, as indicated by Division of Marine Fisheries sampling, pro-
vides nursery area for commercially and recreationally important species
such as spot, croaker, menhaden, brown shrimp and white shrimp. Because
of this sampling data and the findings covered in items 2-5, below, the Div.
of Marine Fisheries formally objected to permit issuance. The Wildlife
Resources Commission expressed concern over potential impacts described
below;
2) Water depth in Sanders Creek, especially at mid -tide to low tide, is marginal
to inadequate, approximately 2 feet or less, for commercial boat ramp use
which would likely include all sizes of trailered boats as well as jet skis. Upon
build out of the trailer park, dozens of launches per day is likely. Turbidity
levels in the Creek, as well as resource impact from prop wash and actual
bottom kicking, will have an adverse impact on this Bogue Sound tributary;
3) Bottom sediments at the site are very fine and easily resuspended into the water
column. There is a high probability of constant violations of State turbidity
standards from suspensions of bottom sediments by boat traffic in these shallow
waters;
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVO., RALEIGH. NC 27604
PHONE [phone] FAX [phone]S
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - SOq RECYCLED/10% POST -CONSUMER PAPER

Mr. Thomas M. Singleton
Page 2
September 22, 1998
4) Sanders Creek, nearer the Sound, is classified as Outstanding Resources
Waters (ORW) by the Environmental Management Commission. Turbidity
caused by suspended silty sediments will be flushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat traffic pattern in Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat wake. Boat
operators will likely cause more wake as the boat is accelerated to a planing
position to navigate the shallow water;
6) In a July 31, 1998 letter to you from the Division of Water Quality, that
Agency .... "identified significant use which would be removed or de-
graded by the project". Inapparent response to your agent's response of
August 13, the DWQ issued a hold letter on September 11. The very
fact that the required Section 401 Water Quality Certification has not been
issued prevents this office from taking a favorable action;
7) The Division of Coastal Management has determined the project proposal
inconsistent with the partial listing of the Rules of the Coastal Resources
Commission: a) NCAC T15A:0206(c) Management Objective for estua-
rine waters which is to conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological social
aesthetic and economic values .... ; b) 07H.0208(a)(2)(B) requires the
Division to find, before issuing a permit, that the applicant has selected a
combination of sites and designs that will have a minimum adverse impact
upon the productivity and biologic integrity of coastal marshlands,
submerged aquatic vegetation and spawning and nursery areas; c)07H,
0208(a)(2)(E) requires that development not measurably increase
siltation; and d) 07H.0208(a)(5) states that in Outstanding Resources
Waters, development activities not covered by specific use standards, no
permit shall be issued if the activity would, based on site specific infor-
mation materially degrade water quality or outstanding resources values ... .
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires permit denial of the application
for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern; and N.C.G.S. 113-229(e)(5) which provides for permit denial upon finding
that the proposed project will have an adverse impact on estuarine fisheries.

Mr. Thomas M. Singleton
Page 3
September 22, 1998
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 20 days from the
receipt of this letter. 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.
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,
Donna D. Moffitt
FRu ,
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 22, 1998
Certified Mail
Return Receipt Requested
Mr. Thomas M. Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Sir:
This letter is in response to your application for permits under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to construct a boat launching ramp
at Holiday Village Mobile Home Park. The project site is Sanders Creek, east prong, off of
Bogue Sound and Highway 24, in Carteret County. Processing of the application, which was
received on June 15', 1998 and for which notice of extended review was provided on September
3, is now complete.
Based on a coordinated state agency review, the Division of Coastal Management has
made the following findings:
1) Sanders Creek, according to the Division of Marine Fisheries, functions as a
Primary Nursery Area (PNA). Even though it is not designated as a PNA,
Sanders Creek, as indicated by Division of Marine Fisheries sampling, pro-
vides nursery area for commercially and recreationally important species
such as spot, croaker, menhaden, brown shrimp and white shrimp. Because
of this sampling data and the findings covered in items 2-5, below, the Div.
of Marine Fisheries formally objected to permit issuance. The Wildlife
Resources Commission expressed concern over potential impacts described
below;
2) Water depth in Sanders Creek, especially at mid -tide to low tide, is marginal
to inadequate, approximately 2 feet or less, for commercial boat ramp use
which would likely include all sizes of trailered boats as well as jet skis. Upon
build out of the trailer park, dozens of launches per day is likely. Turbidity
levels in the Creek, as well as resource impact from prop wash and actual
bottom kicking, will have an adverse impact on this Bogue Sound tributary;
3) Bottom sediments at the site are very fine and easily resuspended into the water
column. There is a high probability of constant violations of State turbidity
standards from suspensions of bottom sediments by boat traffic in these shallow
waters;
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 272S CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Thomas M. Singleton
Page 2
September 22, 1998
4) Sanders Creek, nearer the Sound, is classified as Outstanding Resources
Waters (ORW) by the Environmental Management Commission. Turbidity
caused by suspended silty sediments will be flushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat traffic pattern in Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat wake. Boat
operators will likely cause more wake as the boat is accelerated to a planing
position to navigate the shallow water;
6) In a July 31, 1998 letter to you from the Division of Water Quality, that
Agency .... "identified significant use which would be removed or de-
graded by the project". Inapparent response to your agent's response of
August 13, the DWQ issued a hold letter on September 11. The very
fact that the required Section 401 Water Quality Certification has not been
issued prevents this office from taking a favorable action;
7) The Division of Coastal Management has determined the project proposal
inconsistent with the partial listing of the Rules of the Coastal Resources
Commission: a) NCAC. T15A:0206(c) Management Objective for estua-
rine waters which is to conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological social
aesthetic and economic values .... ; b) 07H.0208(a)(2)(3) requires the
Division to find, before issuing a permit, that the applicant has selected a
combination of sites and designs that will have a minimum adverse impact
upon the productivity and biologic integrity of coastal marshlands,
submerged aquatic vegetation and.spawning and nursery areas; c)07H,
0208(a)(2)(E) requires that development not measurably increase
siltation; and d) 07H.0208(a)(5) states that in Outstanding Resources
Waters, development activities not covered by specific use standards, no
permit shall be issued if the activity would, based on site specific infor-
mation materially degrade water quality or outstanding resources values ...
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires permit denial of the application
for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern; and N.C.G.S. 113-229(e)(5) which provides for permit denial upon finding
that the proposed project will have an adverse impact on estuarine fisheries.

Mr. Thomas M. Singleton
Page 3
September 22, 1998
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 20 days from the
receipt of this letter. 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.
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,
\/\�
Donna D. Moffitt
DDM/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas Singleton
2. LOCATION OF PROJECT SITE: Adjacent to Sander's Creek off of Bogue Sound at 1463 Highway 24
in Carteret County. This is between Broad and Goose Creeks within the community of Ocean.
Photo Index - 1995: 39-480, grid F7,8 1989: 160-15, grid Q-8
State Plane Coordinates - X: 2609350 Y: 355200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -March 03, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: June 15, 1998
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned -None
(F) Type of Structures: Existing - Mobile Home Park, Bulkhead
Planned - Boat ramp, Pier
(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
(C) Other
Shallow Bottom Habitat
875 sf
High Ground
2652 sf
Open Water
60 sf
(D) Total Area Disturbed: 3587 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a boat ramp within an existing basin
area on the east prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.

:r.
FIELD INVESTIGATION REPORT:
Thomas Singleton
PAGE #2
9. NARRATIVE DESCRIPTION:
The project site is an existing mobile home park adjacent to Sander's Creek off of Bogue Sound
in Carteret County. This 84 acre tract is located at 1463 Highway 24, between Broad and Goose
Creeks, within the community of Ocean. The property ranges from 0' to 28' mean sea level in
elevation, and is mostly cleared. The mobile homes on the site are serviced by a community well
system and individual septic tanks. The tract has been approved by Carteret County for the
installation of 85 mobile homes. The vacant portion of this tract has recently been cleared of
vegetation, and has been considerably ditched, with drain pipes installed.
The property is bordered by the east prong of Sander's Creek to the west, and Sander's Creek
proper to the south. The creek contains a significant amount of coastal marsh, predominantly
Spartina alterniflora and Juncus roemerianus with sparse Tvnha latifolia and Distichlis snicata.
There is a visible shellfish resource within the east prong of Sander's Creek and Sander's Creek
proper, and beds of submerged aquatic vegetation within Sander's Creek and Bogue Sound. The
substrate within the project area is very silty. Approximately 350' north of the conflux of the east
and west prongs of the creek lies a basin area off of the east prong that has been stabilized with a
timber bulkhead wall. The bulkhead was accomplished under the CAMA General Permit
process in 1996. The basin was created prior to the onset of the CAMA, as it appears on the
1978 photography #27-1013. According to the applicant, this area was excavated post 1966 by a
man named Greenberg. No files exist to document this.
The Division of Marine Fisheries has designated Sander's Creek as a Primary Nursery Area.
The water classification within the east prong of the creek is SA, while Sander's Creek proper and
the adjoining Bogue Sound carry the additional designation of Outstanding Resource Waters.
The area was closed to the taking of shellfish for consumption in March of 1996, and remains
closed today. The Carteret County land use plan places this tract within the Limited Transition
classification, with all areas lying within CAMA Areas of Environmental Concern classified as
Conservation. There is Pro 1.5' of tidal flux within the east prong of Sander's Creek.
This property has a long and complex history, beginning with the issuance of State Permit #176-
84 for the excavation of a high ground basin connected to the existing basin in the east prong by
way of a canal. The new basin was also to be connected to the AIWW within Bogue Sound by
way of access channel through Sander's Creek. There was other excavation requested within
Sander's Creek and denied. This permit included the authorization for a subdivision and a
manna system within the newly excavated high ground basin. There was a deed dispute at the
time, but all indications are that the ownership questions have been settled.
Permit #176-84 remained active through renewals until 1995. Upon submittal of the last renewal
request, the agencies opted for a new review of the total project, as many regulations had
changed. The applicant failed to complete submittal of all of the requested information, and the
permit expired. The only development accomplished under the permit before its expiration was
the excavation of the access channel from the AIWW to the mainland area of Sander's Creek.
The applicant no longer owns the tract to which this lends access, but retains a perpetual
easement across the high ground to the channel.

i'
There has been no archaeological assessment performed on this tract.
The applicant is proposing to construct a boat ramp into the existing basin area in the east prong
of Sander's Creek. The body of water is approximately 170' across at this point. The proposal is
to place the ramp towards the northeast comer of the basin, in the area currently stabilized by
bulkhead. The most landward 12' of the structure is to be composed of stone, 36' wide,
approximately 45' from the current normal high water line. The next 15' is to be composed of
concrete, extending landward from a point approximately 30' from the normal high water mark.
The next 55' of the structure will be subject to tidal influx. The existing bulkhead will be
removed for a width of 36'. From this point, 30' landward and 25' waterward, a prefab concrete
ramp will be placed. There are approximately 154 cubic yards of high ground material to be
excavated and 29 cubic yards of shallow bottom area to be excavated for the placement of the
ramp. The spoil will be hauled to an upland area onsite. Approximately 11.4 cubic yards of
concrete fill will be required for ramp construction. With the proposed excavation for the
placement of the ramp, the applicant anticipates a finished water depth of -2' normal low water at
the end of the ramp. The application states that 10' beyond the end of the ramp, the water depth
is -l' to -1.5' normal low water. The sides of the ramp landward of the bulkhead will be
stabilized with additional timber or concrete bulkhead wall, 30' on either side. There is a dock
proposed extending down the middle of the ramp from the location of the existing bulkhead for a
length of 35' and a width of 6'. This structure extends 10' beyond the terminus of the ramp.
Current soundings within the basin area average from -1.9' nlw to -2.2' nlw. Soundings within
the east prong of Sander's Creek average-1.29', -17, and -lA nwl. Soundings within the next
1100' of Sander's Creek can be broken into six segments, and average -2', -2', -1.4', -1.6', -T and -
1.82' within those segments.
The stated intended use of this proposal is to provide boating access to the residents of the
existing mobile home park. According to Carteret County records, there are approximately 85
mobile homes authorized for this development. The applicant has indicated to this division that
there are no plans for development on the vacant portion of the property. However, there is a
proposal currently with Carteret County for an additional 317 RV spaces on the recently cleared
and ditched portion of this property. The proposed RV spaces extend along the east prong of
Sander's Creek, around the existing basin where the ramp is proposed, and along Sander's Creek.
This development would be subject to authorization under the CAMA major permitting process.
There is no request for any such development under the current proposal.
10. ANTICIPATED IMPACTS:
The project as proposed will require the excavating and filling of approximately 875 square feet
of shallow bottom habitat and 2652 square feet of high ground, and will usurp 60 square feet of
public trust area. Turbidity impacts can be expected during construction. The indirect impacts to
be incurred from a proposal such as this can be greater than the direct impacts. The east prong of
Sander's Creek and Sander's Creek proper are extremely shallow habitats, with normal low water
soundings averaging -1.7. The fine composition of the bottom in this area makes it particularly
susceptible to sediment resuspension into the water column. It can be expected that boat wake
will increase turbidity due to the proximity of the disturbance to the silty substrate. Additionally,
it can be anticipated that prop wash or "kicking" will occur in an area set aside for boat launching
that offers only shallow water. Turbidity increases can reduce sunlight penetration, reduce
available oxygen, encourage algae growth, smother benthic organisms, discourage SAV growth,
alter water temperatures, and impair overall water quality. The project as proposed will serve the

boating needs for 85 mobile home residents. It must be anticipated that the RV park proposed to
be located around the perimeter of this basin will also share in the boating access, making it
possible that the launching facilities addressed in this application will serve 402 units.
T. Barrett June 23,1998 Morehead City

5
NORTE CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM:
TO: JOHN PARKER
FROM: T. BARRETT rA
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR
PERMIT - THOMAS SINGLETON / HOLIDAY VILLAGE MOBILE
HOME PARK, CARTERET COUNTY
DATE: July 27, 1998
John, please refer to the memo of 7/27/98 to all review agencies regarding this
project for the correction to the field report. My comments and
recommendations remain the same, as they were not based on the PNA
status of the site, or lack of one. Sorry for the error.
tjb
cc: Ted Tyndall
RECEIVE®
JUL 2 8 1998
COASTALMANAGEMENT
Morehead City Office
Hestron Plaza II, 151-B Hwy. 24, Morehead City, NC 28557
Phone [phone] Fax [phone]

L"uric._ DCIVi-R'M_I
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
L. APPLICANT White Oak Township
c. Street address or secondary road number
a.. Landowner: 1463 Hwy. 24, Newport, N.C.
Name Thomas t4. Singleton d. Is.. proposed work within city limits or planning
-- , jurisdiction? Yes X No
Address 1463 Hwy. 24 e. Name of body of water nearest project (e.g. river,
City _ Newport State N.C. creek, sound, bay) Bogue Sound
Zip 28570 Day Phone [phone]
[phone] 3. DESCRIPTION AND PLANNED USE
Fax [phone] (same as phone)
OF PROPOSED PROJECT
b. Authorized Agent:
J. W. Forman, Jr., P.E.
Name Stroud Engineering, P.A.
Address 151—A Hwy. 24
City Morehead City State N.C.
Zip 28557 Day Phone [phone]
Fax [phone]
c. Project name (if any) Holiday village
Boat Ramp
N07E: Peru! %W be issued in name of k domes(,), andl r
project acme.
2. LOCATION OF PROPOSED
PROJECT
3. County Carteret
a. ,List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Bulkhead relocation, boat ramp, fixed
timber piers.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.
c. Will the project be for public, private or commercial
use? _ Private.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Cast —in —place concrete
boat ramp slab, timber of concrete
bulkhead sections, removal of timber
bulkhead. Project to provide"boat
access for tenants of Holiday Village
Mobile Home Park.
I
Rc%isnd 03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 84.02 ac
b. Size of individual lot(s) No single lots recorded.
c. Approximate elevation of tract above MHW or
NWL O.to 27.9' NCVD
d. Soil type(s) and texture(s) of tract
Silty sand
e. Vegetation.on tract Grass, pine trees
f. Man-made features now on tract Mobile home
park, 92 units, streets, utilities timber,.
bulkhead, manmade boat basin
g.. What is the CAMA Land Use Plan land
Classification of the site? (Contull the local lane use plan.)
in. Describe existing wastewater treatment facilities.
Septic tanks for each mobile home site.
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.) Surface
runoff.
o. Describe existing drinking water supply source. -
Wells — community water System.
5. ADDITIONAL INFORMATION
In addition to the completed . application form, the
following items must be submitted:
Conservation Transitional
Developed Community I A copy of the deed (with state application only) or
Rural X Other other instrument under which the applicant claims title
Limited Transitional to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
B2 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X_ Yes No
(Attach Zoning compliance ecrdficate, iapprlo ble)
j. Has a professional archaeological assessment been
done for the tract? Yes X 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 X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach doevrnentation, if available)..
No impacts in project area.
m 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.020.3 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 iC must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or i secondary road (SR)
numbers, landmarks, and the like.
A Storm -water Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name W. F. Parker
Address 565 Neptune Dr., Swansboro, NC 28584
Phone [phone]
Name Mr. Will Fowler
Address 3797 Hwy. 24, Newport, NC 28570
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.
GPC-16091 — Holiday Village — 4/10/96
GPC-14864 — Holiday Village — 1/12/96
176-84 (Major) — Holiday Village — 8/21/84
• 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.
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 ig 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 20Aday of Tc 6 , 192�.
Print Name
/ r-
Signature
Landowner or Authorized Agent
F ES 2 5 1998
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
X DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

I

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stnbilizntion)
Average Final
Existing Project
Length Width Depth Depth
55
36
0.6
—2
'a
s
p v
��<
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 29.3 cy
b. Type of material. to be excavated Silty sand
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes x No
d. Highground excavation in cubic yards 154 cy
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Adjacent upland area
or haul away to offsite location.
b. Dimensions of disposal area
C. Do you claim title to disposal area?
x Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a dispps,4, rrq4i'available for future
maintenance?i l`_ Yes x No
If yes, where?
Revised 0319S

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 60 if ±
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Landward of existing MHW
e. Shoreline erosion during preceding 12 months
N/A
(Source of inform ion)
f. Type ofbulkhead or riprap material Timber of
concrete
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill
h. Type of fill material None.
i. Source of fill material
4. OTHER. FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
If yes,
(1) Amount of material to be placed in the
water Concrete ramp 11.4 cy
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fencing
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr5ssed in transporting equipment
to project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
m-
Appli t or Project Name
Ignature
Date :
Revised 03/95

Form DCNI-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor,
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community Xt Private
(2) Number 1
(3) Length 35'
(4) Width 6
(5) Finger Piers —Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(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 1 — 1.5 ft.
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d.
Breakwater (e.g.
(1) Length
(2) Average
wetlands
wood, sheetpile, etc.)
distance from MHW, NWL or
(3) Maximum distance beyond MHW, NWL or
wetlands
(4)
(5)
Width of water body
Distance
shoreline
_ Private
etc.)
buoy(s) to be placed beyond
f. Mooring structure (boadift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g, Other (Give mmpiere description)
721g'V' 4e S Al S., " �e
Appii e t or Project Name
Signature
;?- A F
Date r—
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SCALE: SHEET:
1463 N.C. HWY. 24 EAST
CAMA PERMIT APPLICATION 1"= 2000' 1 OF 4
NEWPORT, N. C. 28570 HOLIDAY VILLAGE
BOAT RAMP A STROUD ENGINEERING• P.A.
CARTERET COUNTY 151A HIGNWAY 24
MOREHEAD CITY, N.C. 2e557
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BY:
2/18/98 JWF
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1=300' 1 2 OF 4
STROUD ENGINEERING,1
151A HIGHWAY 24
MOREHEAD CITY. N.C. 28557

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1463 N.C. HWY. 24 EAST
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CARTERET COUNTY
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FEB 2 5 1998
SITE PLAN
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1463 N.C. HWY. 24 EAST
CAMA PERMIT APPLICATION
NEWPC. N. C.
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151A HIGHWAY 24
YOREHEAD CITY, N.C. 20557
CARTERET COUNTY
[phone]

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ELEVATIONS SHOWN BASED ON NGCD MEAN 25 75 1so
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0 APPROX. -1.1 FEET.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Thomas Singleton County: Carteret
LOCATION OF PROJECT: Adjacent to Sander's Creek off of Bogue Sound at 1463 Highway 24,
between Broad and Goose Creeks within the community of Ocean.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: June 15, 1998
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Tere Barrett DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW: RrmwEn
B) DATE APPLICATION RECEIVED IN GH: jW N 2 5 1.9 8 FEE REC'D:$ �6o �—
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
COASTAL MANAGEMENT
ADJ. RIP. PROP NOTICES REC'D: V DEED REC'D:
APPLICATION ASSIGNED TO: p ON:
0 DAY DEADLINE:
C) 75 DAY DEADLINE: �� uC 7
MAIL OUT DATE: .� g STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 9— J c
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS:
YES O
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section
C -
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
�11�
Division of Archives & History
' A -
Division of Environmental Health
- U
Division of Highways
n�
- a
Wildlife Resources Commission
_ $
LA.*
e 5/J P iln
Division. of Water Resources
Division of Marine Fisheries
— -
Submer ed Lands DMF
, - 4 -

MEMORANDUM:
RECEIVED
JUN 2 9 1998
TO: JOHN PARKER COASTAL MANAGEMENT
FROM: T. BARRETT A
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT -
THOMAS SINGLETON/HOLIDAY VILLAGE, CARTERET COUNTY
DATE: June 26, 1998
I have reviewed the above noted application and have the following comments and
recommendations to offer:
The system of Sander's Creek, particularly in the two prongs, is a very fragile one. The
lack of water depth, the narrowness of the navigable water, the composition of the
substrate, and the minimal tidal flux all contribute to the creek's vulnerability to alterations
in the system and increased boating activity. This system appears to have a particularly
high potential for turbidity resuspension from the silty, shallow bottom. Studies consistently
show that turbidity increases can reduce sunlight penetration, reduce available oxygen,
encourage algae growth, smother benthic organisms, discourage SAV growth, alter water
temperatures, and impair overall water quality.
The east prong of Sander's Creek is a very productive one, containing shellfish beds and
extensive coastal wetlands. The adjoining Sander's Creek proper, only 350' away from the
project site, is classified Outstanding Resource Waters, as is the neighboring Bogue
Sound. Additionally, Sander's Creek and Bogue Sound support beds of submerged
aquatic vegetation.
The applicant has misrepresented this proposal in claiming directly and through his agent
that there were no plans to develop the adjacent vacant property, all the while pursuing the
necessary permits through the county to gain approval for a 317 space RV park on this
tract. The project must be considered in light of this fact, and be assumed to serve the
purpose of supplying the boat launching needs of 402 adjacent RV and mobile home sites.
This project as proposed does not meet the management objectives set forth in T15A 07H
.0205 and .0206 for coastal wetlands and estuarine waters. Additionally, the project is
inconsistent with T15A 07H .0208(a)(2)(B) which states that "Before receiving approval for
location of a use or development within these AECs, the permit letting authority shall find
that .......the applicant has selected a combination of sites and designs that will have a
minimum adverse impact upon the productivity and biologic integrity of coastal marshland,
shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, ...."
In this same section of rules, (E) states that "Development must not measurably increase
siltation." While the construction of this project may not measurably increase siltation,

it is my belief that the use of this development by 85 existing mobile home owners,
and possibly 317 RV owners will measurably increase siltation on a regular basis.
T15A 07H .0208(a)(5) states that "...... For development activities not covered by specific
use standards, no permit shall be issued if the activity would, based on the site specific
information, materially degrade the water quality or outstanding resource values unless
such degradation is temporary." It is my contention that the use supplied by this project
would degrade the water quality on a regular basis.
Simply owning riparian property does not necessarily entitle one to transfer those riparian
rights to 402 other individuals. While the use of this creek by a single boat owner may not
measurably degrade the system, that does not imply that the system can support a
concentration of boating activity.
Based on the above, I recommend denial of the project as proposed:
cc: Ted Tyndall

r
AM
NCDENR ,
JAMES B. HUNTJR.
y GOVERNOR
' WAYNE MCDEvITT
SECRETARY
_ y
q
I
ef'
v.1 '
s='. �Rocele N. ScHEcreR
DIRECTOR
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 24, 1998
RECEIVED
SEP 0 9 1998
Kathy B. Vinson, District Planner COASTAL MANAGEMENT
Division of Coastal Management
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Thomas Singleton
Carteret County, Adjacent to Sander's Creek off of Bogue Sound at
1463 Hwy 24, between Broad and Goose Creeks within the community
of Ocean.
Proposed Project: Proposes to construct a boat ramp within an existing basin area on the
east prong of Sander's Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 15, 1998. If you have any questions regarding the proposed project, please
contact Tere Barrett at [phone]. 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 C91,14uiii, DATE W d
/
MOREHEAD CITY OFFICE
HESTRON PLAZA 11 151.8 HIGHWAY 24 MOREHEAD CITY INC 28557
PHONX 919-808-2808 FA% 919-247-3330
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I 0% POST -CONSUMER PAPER

MEMO
To: iip,Packer
From: Kathy Vinson
Subject: Consistency Determination, Major Permit Application, Thomas Singleton, Carteret
County
Date: September 8, 1998
The project site is an existing mobile home park adjacent to Sander's Creek off of Bogue Sound,
at 1463 Highway 24, between Broad and Goose Creeks, within the community of Ocean,
Carteret County. The applicant proposes to construct a boat ramp within an existing basin area
on the east prong of Sander's Creek to serve the adjacent mobile home park.
Areas of Environmental Concern (AECs) impacted by the proposed work include Estuarine
Waters, Public Trust Areas and the Estuarine Shoreline. The waters of Sanders Creek and Bogue
Sound are classified as SA ORW and are closed to the harvesting of shellfish. The east prong of
the creek is classified as SA. Sanders Creek is 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.
The general area of the project is classified as Limited Transition, while the AECs impacted by
the work are classified as Conservation.
Carteret County's intentions regarding development in Conservation classified areas are found in
the policy sections of the Land Use Plan. Applicable policies include those for Marine Resource
Areas. The County supports the 7H Use Standards for estuarine and public trust areas, with a
few exceptions which exceed State standards. However, none of these more restrictive local
standards appear to be applicable to this project.
In general, Carteret County permits development in Conservation classified ORW Estuarine
Shorelines which is consistent with the County's zoning ordinance, the State's 7H Use Standards
and other policies contained in the LUP.
If all local and state requirements can be satisfied, this project will appear to be consistent with
the amended 1991 Carteret County Land Use Plan.
cc: Charles Jones
Ted Tyndall
Tere Barrett
Katrina Marshall

NCDENR
JAME9 B. HUNTJR.
GOVERNOR TO:
ul
WAYNE MCDEVITT �'
SECRETARY Y
ROGER N. SCNECTER
.. DIRECTOR
14 tz1JM
SUBJECT:
N>•,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 24, 1998
J 4 1998 �L
Mr. Preston P. Pate, Jr., Director �— J
Division of Marine Fisheries _F r LT
I-!�R�I , A
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas Singleton
Project Location: Carteret County, Adjacent to Sander's Creek off of Bogue Sound at
1463 Hwy 24, between Broad and Goose Creeks within the community
of Ocean.
Proposed Project: Proposes to construct a boat ramp within an existing basin area on the
east prong of Sander's Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 15, 1998. If you have any questions regarding the proposed project, please
contact Tere Barrett at [phone]. 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 ,(. 6Ar DATE _ ral 98
E:IVED ON
JUL 2 3 M8
'�1y� MOREHEAD CITY OFFICE
24 MIR
A. CITY NC 28557
H PHONE 9`19Y808 2808H EFAX 9 9 247 3330
AN EQUAL OPPORTUNITY/AFFIRMATrvE 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
Wayne McDevitt, Secretary
Preston P. Pate, Jr. Director
July 24, 1998
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing Coordinator
FROM: Preston P. Pate, Jr., Director
Division of Marine Fisheries
SUBJ: CAMA/Dredge & Fill Permit Application for
Thomas Singleton - Carteret County
A/, 51
*��
�EHNF-1
Rpr�%':I VE®
JUL 3 0 1998
COASTAL, MANAGEMENT
I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur
with their recommendation(s).
Director, Date
Preston P.Pate, Jr.
Deputy Director, Date
Michael G. Buhl
Public Trust/Submerged Lands Director
P.A. Wojciechowski Date
h Apennits\den ialsld ir. den
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
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing Coordinator
FROM: P.A. Wojciechowski �_
SUBJECT: CAMA/DREDGE AND FILL PERMIT
Thiomas Singleton - Carteret County
A, �wwwwrwrw►
NCDENR
NORTP. CAROLINA DEPARTMENT OF
EMV(801041:Nl ANu NAm.,nAL RF iouActs
24 July 1998
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
permits\admin�pseveoltr
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
WA
Department of Environment �t1 •
and Natural Resources 't
Division of Marine Fisheries r�
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary
NCmx C&R nuw Dermp+ wr of
Preston P. Pate, Jr., Director FNv:70MM-Wr aNn wa,maL Rm w wxs
MEMO
To: John R. Parker, Jr.
Major Permits Pro ssmg Coordinator
From: David Taylor9Ir
Acting Section Chief of Fisheries Management
Subject: CAMA/DREDGE & FILL Permit Application Review
Thomas Singleton
Date: July 23, 1998
The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the application for
work proposed by Thomas Singleton, reviewed the Field Investigation Report compiled by CAMA,
and conducted a site visit. Submerged aquatic vegetation was not found in and around the area to be
impacted, however there are beds of shoal grass (Halodule wrightii) located on the east and west side
of the mouth of Sanders creek. Commercial quantities of shellfish also exist in these areas in the
mouth of Sanders creek. Even though Sanders Creek is not a designated Primary Nursery Area
(PNA), a sample taken with an otter trawl indicated that it is functioning as a PNA. Juveniles of
commercially and recreationally important species such as spot (Leiostomus xanthurus), croaker
(Micropogonius undulatus) Atlantic menhaden (Brevoortia tyrannus), brown shrimp (Penaeus
aztecus), and white shrimp (Penaeus setiferus) were taken during sampling. This is indicative of the
viable nursery function of Sanders Creek. This agency recommends denial for the following reasons:
1. The division is concerned not only of turbidity caused by construction of the boat ramp,
but also about increased turbidity that will be caused by the boat traffic entering and exiting the area
after construction is complete. This turbidity will be even more of an impact due to the shallowness
of the area and the silty composition of the bottom. Because of the mean low tide depths of
approximately -2.0 ft., it is inevitable that prop wash and "kicking" will occur in the launching area.
This turbidity caused by the suspended silty sediments will be flushed by the tide, causing a reduction
in light penetration needed for the SAV in the mouth of the creek, and reduce overall water quality
in the area.
2. Boat traffic will also increase degradation of the saltmarsh along the east prong on both
shore lines due to wakes. Because of the shallowness of the area, it will be necessary for a boat to
immediately jump on a plane to get out of the creek, thus creating a boat wake the whole length of
the east prong. Although this boat ramp is for a mobile home development, consisting of 85 mobile

homes, the nearby area proposed for an RV park must also be considered in the anticipation of
increased usage of this ramp.
3. The division is also concerned that by allowing a boat ramp to be permitted at this site,
additional permit requests will follow for dredging of the area around the boat ramp in order to
increase the depth which would decrease SAV acreage, increase turbidity and further destroy this
nursery area.

Vm-
MEMORANDUM
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
July 8, 1998
I II I JUL 13 �
TO: P. A. "Ski" Wcjciechowski
Submerged Lands Program Director
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application Review
APPLICANT: Holiday Village Boat Ramp/Thomas Singleton
RECEIVED
JUL 161998
COASTAL MMUQEMEW
LOCATION: At 1463 Hwy. 24, in the community of Ocean, in Carteret Co.
PROPOSED PROJECT: To construct a boat ramp within an existing basin area.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and intra-agency commenting.
REPLY ��✓The instrument attached to the application covers the project area.
-'1"W The instrument is a valid document which conveys property rights.
There are no known public trust conflicts.
A,'-fiere appears to be public trust conflicts. L%
It is recommended that changes be made to the project to eliminate
or reduce public trust conflicts as discussed in the attached
memorandum or on the reverse side of this reply.
Signe Date
P.O. BOX 27687, RALEIGH, NC 27611-7687/ 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]E
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j Ways �v � ' 2 �o 01 �� v6� '/ 57 71,�
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-- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
e�
NCDENR -
June 30, 1998
Fy }
MEMORANDUM
JAMES B. HUNT IR.
GOVERNOR
TO: Mr. Charles R. Fullwood, Jr., Director
WAYNE MCDEVITT -.
Wildlife Resources Commission
SECRETARY S
Attn: Habitat Conservation Program
FROM: John R. Parker
Major Permits Processing Coordinator
ROGER N. SCHECTER
DIRECTOR
SUBJECT: CAMMAB//DREDGE & FILL Permit Application Review
APPLICANT: Holiday Village Boat Ramp/Thomas Singleton
-
PROJECT LOCATION: At 1463 Hwy. 24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve adj, mobile home park.
Please indicate below your agency's position or viewpoint on the proposed and return this form
1 Y:
by July 22, 1998. 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
memo. 1 /1
Signed�il�� 11il Co�151 LL)c)%�io� Date
Cpw�n��is A�c�e�
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DENR
FROM: William Wescott, Coastal Coordinator 1�Jlw
Habitat Conservation Program
DATE: July 29, 1998
SUBJECT: CAMA/Dredge and Fill Permit Application for Holiday Village Boat
Ramp/Thomas Singleton, Sander's Creek off Bogue Sound, Community of
Ocean, Carteret County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. A site visit was conducted on
July 21, 1998. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct. a boat ramp within an existing basin area on the East
Prong of Sander's Creek. The project is intended to serve the adjacent 85 unit mobile home park
and a planned 317 unit RV campground. Waters at the site are designated as SA and SA-ORW
but are closed to shellfish harvest.
According to the Division of Marine Fisheries, Sander's Creek is a very productive creek
even though.it is not designated as a PNA. Creeks on either side of Sander's Creek are listed as
PNAs. During a beat tour of East Prong and the upper end of Sander's Creek numerous schools
of small fish and a large school of shrimp were seen in addition to large quantities of oysters
along the shoreline. According to the local fisherman who provided me with the boat tour in a
small aluminum boat, East Prong is impassable during low tides.
A basin exists on the East Prong of Sander's Creek. The basin was created prior to the
onset of the CAMA and appears on 1978 aerial photography. The highground portion of the
basin was bulkheaded in 1996. Current water depths within the basin average from 1.9 to 2.2 ft.

Holiday Village 2 July 29, 1998
at normal low water. The length of the narrow winding East Prong from the basin to the
convergence with the main area of Sander's Creek is approximately 1,600 ft. long and has an
average water depth of 1.5 ft. at normal low water. The East Prong of Sander's Creek and
Sander's Creek are extremely shallow habitats and it can be anticipated that prop wash or
"kicking" will occur throughout the entire area. The fine muddy composition of the bottom in
this area makes it particularly susceptible to sediment resuspension into the water column.
Considering the location of the proposed ramp and the very shallow water depths that
currently exist in the creek, we do not believe this application adequately addresses the following
issues:
1. Water depths at the site are marginal to inadequate to support the proposed use
without serious bottom disturbance or future dredging.
2. Bottom sediments at the site are very fine and easily resuspended into the water
column.
3. There is a high probability of constant violations of State turbidity standards from
suspension of bottom sediments by boat traffic in these shallow waters.
4. The applicant has access to a permitted channel located in the main part of Sander's
Creek and therefore does not need to disturb the East Prong of Sander's Creek. The
applicant's property and Mr. Fowler's property (the adjacent property to the east) used
to be one tract of land. When the properties were divided, the applicant retained a
perpetual easement across Mr. Fowler's property in order to access the permitted
channel.
We appreciate the opportunity to review and comment on this project. If you need further
assistance or additional information, please contact William Wescott at [phone].

IVL DWW WU LNVSL1 FaX:yly—(33—yy5y
Sep 1( "yd y:uJ 1".U1/U1
State of North Carolina
Department of Environment
and Natural Resr-- - -.
Division of Water Q post-It'Fax NoA 7s71
James B, Hunt, Jr.,
Wayne McDevitt, S
A, Preston Howard
CERTIFIED MAIL
RETURN RECEIPT REQUESTER
Mr, Thomas Singleton
1463 Hwy 24
Newport, NC 28570
Dear Mr. Singleton:
The Division of Water Quality has reviewed your plans for
in Carteret County for boat ramp construction at Sander's Creek.
quality standards which would be violated by this project. These
"kicking" of sediment by boats at this facility. Furthermore, insuf
conclude that your project must be built as planned in waters and/,
.0506. Therefore, unless modifications of the proposal are made a
toward denial of your 401 Certification as required by 15A NCAC
as incomplete until we receive this additional information once we
will start. Until we receive additional information, we are request
Division of Coastal Management place your project on admhustra
Please provide us with information supporting your position
planned and that you have no practicable alternative to placing fill
can you construct your boat ramp with dredging out to deeper wan
violations? Any documentation such as maps and narrative that y
your project may be helpful in our review of your 401 Certificatiol
Please respond within three weeks of the date of this letter b-
one copy to Ms. Joanne Steenhuis Wilmington Regional Office at
28405. If we do not hear from you in three weeks, we will assume
and we will consider the project as withdrawn. I can be reached al
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Wilmington Field Office Corps of Engineers
John Parker; ACM
Bill Foreman: Stroud Engineering
SIR
ENT OF
7—SOURCES
September 11, 1998
DWQ Project # 980622
Carteret County
e discharge of fill material at Holiday Village
ased on this review, we have identified water
es are turbidity violations due to the repeated
cient evidence is present in our files to
wetlands in accordance with 15A NCAC 2H
described below, we will have to move
tH .0507(e) and will place this project on hold
eceive this information, our processing tirne
g (by copy of this letter) that the N.C.
ve hold.
iat states your project must be constructed as
i these waters and/or wetlands. Specifically
so as to alleviate concerns for turbidity
i can supply to address alternative designs for
sending a copy of this information to me and
27 Cardinal Extension Drive Wilmington NC
:hat you no longer want to pursue this project
)19.733.1786 if you have any questions.
R. Domey
r Quality Certiflcaf rogram
980622.my
Division of Water Quality e Non- Ischarge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535' Telephone [phone] a FAX [phone]
An Equal Opportunity Affirmative Action Employer 50 % r cycled/ 10% poet -Consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Singleton
1463 Hwy 24
Newport, NC 28570
Dear Mr. Singleton:
1 � •
AO
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 30,1998
DWQ Project # 980622
Carteret County RECEIVED
AUG 0 7 1998
COASTAL MANAGEMENT
The Division of Water Quality has reviewed your plans for the discharge to construct a boat ramp located at
Sander's Creek within the community of Ocean in Carteret County. Based on this review, we have identified significant
uses, which would be removed or degraded by this project. These uses are the aquatic life uses in this shallow Primary
Nursery Area which would be impacted by turbidity since dredging is not allowed Furthermore, insufficient evidence
is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance
with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have
to move toward denial of your 401 Certification as required by 15A NCAC 211 .0507(e) and will place this project on
hold as incomplete until we receive this additional information. Until we receive additional information, we are
requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you
construct your boat area and ensure that no turbidity violation will occur and the PNA uses will be protected?
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Ms. Joanne Steenhuis Wilmington Regional Office at 127 Cardinal Extension Wilmington NC 28405. 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.
cer
J R. Domey
ter Quality Certifi n Program
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Field Office Corps of Engineers
Ron Cullipher, Stroud Engineering
John Parker, DCM
980622.nty
Division of Water Quality • Non -Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
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�J�' h r, -1 .
STROUD ENGINEERING, P.A.
HESTRON PLAZA TWO August 13, 1998
151-A HWY. 24 g
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. John R. Domey
N. C. D. E. N. R.
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27626
Re: DWQ Project # 980622
Holliday Village Boat Ramp Project
Carteret County
Dear Mr. Domey:
RFCFIVED
AUG 14 1998
COASTAL MANAGEMENT
This letter is in response to your letter to Mr. Thomas Singleton of July 30, 1998. You indicated that the
referenced project will not receive a 401 Water Quality Certification because the work is proposed in
wetlands and a primary nursery area. Neither is true.
The work is proposed in an excavated basin in the upper reaches of Sanders Creek on Bogue Sound.
According to the Division of Marine Fisheries, North Carolina Fisheries Rules for Coastal Water, 1997-
1998 Edition, pages 143 to 144, Sanders Creek in Bogue Sound is not designated as a primary,
secondary or special secondary nursery area. A copy of the rules is enclosed for your information.
As shown on the CAMA application drawings, no vegetated coastal or 404 wetlands will be filled or
excavated by the work. When the basin was excavated, the coastal wetlands areas were preserved.
The proposed boat ramp is located to preserve the vegetated coastal wetland areas. If you have
doubts about this, a site visit is advised.
A reconsideration of the 401 certification based on the facts of this application is appropriate. We would
expect your reply at the earliest possible date.
If you have questions concerning this matter, please give me a call.
Sincerely,
STROUD ENGINEERING, P.A.
J. W. Forman, Jr., P.
Project Engineer
CC: Tom Singleton
Tere Barrett, Div. of Coastal Management
John Parker, Div. of Coastal Management
107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO
SUITE B SUITE A 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

To: John Domey
Environmental Sciences Branch
D091ON OF WATER QUALITY
:u: MAJOR PERMIT APPLICATION R
►; yy y Tb-4 majwlfwl\II : Y ulul ►II : Y ►
REVIEWER: STEENHUIS
WQ SUPERVISOR: SHIVER
DATE: July 17, 1998 \
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 98 PERMIT NO.: 980622 COUNTY: Carteret
PROJECT NAME: Thomas Singleton/Holiday Village Mobile Home Park
PROJECT TYPE: boat ramp PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: June 29, 1998
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501
*STREAM OR ADJACENT WATER BODY: Sander's Creek
CLASS: SA STREAM INDEX #: 20-36-6-1
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: Shallow bottom habitat
WL REQUESTED: 875 sf WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: DENY
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant is proposing to construct a boat ramp within an existing basin
area on the East Prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.
WATER O LITY CERT. (4011
CERT. REQ'D: Yes
IF YES, TYPE: General Certification # 3112 for CAMA Permits
r SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No, most of the work will take place in high ground.
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes

980622.July
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDMONS OR PERMIT RESTRICTIONS,
This Office recommends the application be denied. East Prong of Sander's Creek is a primary
nursery area with normal low water (nlw) around -1.29, -1.7 and -1.4 nlw. Due to the shallow
water depth, State turbidity standards could expect to be exceeded if this area is used as a boat
ramp facility. Since a dredging permit for the area has been denied in the past and would be as
unlikely issued in the future, a channel would have to be "kicked" in by the boats. This problem
may cause the productivity of the area to diminish as a Primary Nursery Area due to the increase
in turbidity and bottom disturbance. This removal of would be considered inconsistent with 15A
NCAC 2B .0201.
(See also project k9010-D Apple Park, Inc. On Dill Creek in Carteret Co.)
cc: Central Files - John Domey
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
Jul- % 11998
.4,,5ULMAAGEMENT

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. Thomas Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Mr. Singleton:
RECEIVED
.��-
AUG 19 1998 ����
COASTAL MANAGEMENT N C D EN R
NORTH Ge.ROL DEPARTMENT OF
Emvi MENr AND NAruRAL RFSOUR
August 13, 1998
Subject: EXEMPTION
Stormwater Project No. SW8 980632
Carteret County
Holiday Village Boat Ramp
The Wilmington Regional Office received a copy of the CAMA Major Permit Application
for boat ramp imporvements on August 7, 1998. Staff review of the plans and specifications has
determined that the development activities proposed will not pose a threat to surface water quality
from stormwater runoff. The Director has determined that projects that are reviewed and approved
by the Division as not posing a water quality threat from stormwater runoff should not be subject
to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this
letter, we are informing you that your project will not require a stormwater management permit.
Please keep in mind that this determination does not relieve you of your legal responsibility
to obtain other permits which may be required by the Division of Water Quality, the Division of
Land Resources, Coastal Areas Management Act, Federal, State, or Local Governments. In
addition, any future modifications to the project will require additional review from this Office
to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter please
contact Ms. Linda Lewis at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\CAMA\980632.Jun
cc: Charles Piggot, DCM
Katrina Marshall, Carteret County Inspections
John Parker, DCM
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
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,p �.4
G
7 ��
NCDENR
JAME3 H. HUNTJR. I
i` GOVERNOR 'TO.
W
FROM:
WArne MCDMT('�
SECRETARY
SUBJECT:
Applicant:
E.... ROGER N SCHECTER
DIRECTOR
Project Location:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 24, 1998
Mr. Charles Gardner, Director
Division of Land Resources JON 3 0 1998
John R. Parker, Jr. COASTAL MANAGEMENT
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
\Thomas Singleton
Carteret County, Adjacent to Sander's Creek off of Bogue Sound at
1463 Hwy 24, between Broad and Goose Creeks within the community
of Ocean.
3 Proposed Project: Proposes to construct a boat ramp within an existing basin area on the
east prong of Sander's Creek.
� -44 Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 15, 1998. If you have any questions regarding the proposed project, please
contact Tere Barrett at [phone]. 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
// II are incorporated. Sete astae�h�pe� )O:lam
jz,f of oALr irGiWeri fs •.. rl�is 84 zero- S;iG,, S£EC4Wiieahi„ iS re arEd,
l This agency objects to the project for reasons described in the attache
comments.
SIGNED DATE nIl)NE 24 1998
MOREHEAD CITY OFFICE
HESTRON PLAZAII 131-9 HIGHWAY 24 MOREHEAO CITY NC 28337
PHONE [phone] FAX [phone]
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KIM
RD, I '@i o IN
1UU JUL
SHELLFISH SANITATION
MEMORANDUM
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
30, 1998
DIVISION OF COASTAL MANAGEMENT
TO: Ms. Linda Sewall, Director
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: {' CCAAMA/A/DREDGE & FILL Permit Application Review
APPLICANT: �I� oliday Village Boat Ramp/Thomas Singleton
PROJECT LOCATION: At 1463 Hwy. 24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve adj. mobile home park.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 22, 1998. 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.
�r s fagency has no comme pn the propos d pr ject.
This agency approves of�the project, y if the recommended changes
are Incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Date 5
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIQH, NC 27604
PHONE [phone] FAX [phone]
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.---�' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 30, 1998
MEMORANDUM
TO: Ms. Linda Sewall, Director
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Holiday Village Boat Ramp/Thomas Singleton
PROJECT LOCATION: At 1463 Hwy. 24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve adj. mobile home park.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 22, 1998. 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.
11 / 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.
Signe L�e Ck Date �Cn
P.O. BOX 27687, RALEIGH, NC 27611-7687 /272B CAPITAL BLVD., RALEICH, NC 27604
FHDNE919.733-2293 FAX 919.733-IA95
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 30, 1998
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
r
JUN so 1"s
RFrFIVED
JUL 2 8 1998
FROM: John Parker, Jr. COASTALMANAQEYOff
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Holiday Village Boat Ramp/Thomas Singleton
PROJECT LOCATION: At 1463 Hwy.24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve adj. mobile home park
Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by July 22, 1998. 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 Date z�%r
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
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N M14- K
JAMES B. HUNTJR.'
GOVERNOR ,<''E,',«
MEMORANDUM
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 30, 1998
WAV!!E MCDEYrtT" w� TO:
Ms. Renee Gledhill -Early
SECRETARY f`�• i'.;9
¢
Environmental Review Coordinator
c
Division of Archives and History
FROM:
John Parker, Jr.
ROGER N.SCHECTER
DIRECTOR
Major Permits Processing Coordinator
RECEIVE,
2 41998
COASTAL MAIVAGEMENr
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: 11 Holi y Village Boat Ramp/Thomas Singleton
PROJECT LOCATION- At 1463 Hwy. 24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve adj. mobile home park.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 22, 1998. 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 Date 3/y1f
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
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W
e
NCDENR n}
i
JAMES B. HUNT JR.
GOVERNOR
' WAYNEMCDEVITT
SECRETARY
ROGER N. SCHE6YER" s
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 30, 1998
W
w
c;_ Skate, a
MEMORANDUM spa
a�£
TO: Mr. Joseph H. Henderson, Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMAIDREDGE & FILL Permit Application Review
APPLICANT: Holiday Village Boat Ramp/Thomas Singleton
PROJECT LOCATION: At 1463 Hwy. 24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve the adj. mobile home parkthe
Albemarle Sound.
Plesase indicate below your agency's position or viewpoint on the proposed project and return
this form by July 22, 1998. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293 when appropriate, in7depth comments with supporting data are
requested.
REPLY— This a enq has no objection -to th�e�project as proposed.
WbLlo Q,.,�s'-$ W,_, � o1.n
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
RECEIVE
JUL 151998
P.O. Box 27667, RALEIGH, NC 27611-7667 / 2 6 CAPITAL RALEIGH, NC 27604
PHONE [phone] FAX 919-79D-1493
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECVCLEO/10% POST -CONSUMER PAPER

JAMES B. HUNTJR.
GOVERNOR
WAYNEMCDEVITT
SECRETARY
ROGER N. SCHECTER
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 30, 1998
MEMORANDUM
TO: Mr. L. A. Sanderson, P.E.
Highway Administrator
Division of Highways
FROM
SUBJECT:
APPLICANT:
John Parker, Jr.
Major Permits Processing Coordinator
necell/eb
JUL
100 4998
COASTAL AMNAGae,
CAMA/DREDGE & FILL Permit Application Review
Holiday Village Boat Ramp/Thomas Singleton
PROJECT LOCATION: At 1463 Hwy. 24, in the community of Ocean, Carteret Co.
PROPOSED PROJECT: To construct a boat ramp to serve adj. mobile home park.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 22, 1998. 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 jects o the project for reasons described in the attached
comments.
Signed j Date 7)9A
P.O. Box 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIG H, NC 27604
PHONE [phone] FAX [phone]
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M '
r. NCDENR
DAME! B. HUNTJR-
MEMORANDUM:
GOVERNOR
TO:
i`-
WAYNEMCD.,
FROM:
seucrwRr
a#.
SUBJECT:
ROGER N. S�ecnn
Applicant:
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 24, 1998
RECEIVED
Mr. William A. McNeil, Director JUN 3 0 1998
Division of Community Assistance
CO,gSTAL MANAGEMENT
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Thomas Singleton
Project Location: Carteret County, Adjacent to Sander's Creek off of Bogue Sound at
1463 Hwy 24, between Broad and Goose Creeks within the community
of Ocean.
Proposed Project: Proposes to construct a boat ramp within an existing basin area on the
east prong of Sander's Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 15, 1998. If you have any questions regarding the proposed project, please
contact Tere Barrett at [phone]. 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.
SIGNID DATE
MOREHEAD CITY OFFICE
HESTRON PLAZA II 1 SI-B HIGHWAY 24 MOREHEAD CITY NC 28537
PHONE [phone] FAX [phone]
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1.YI4Mj®,;

AMA
NCDENR
JAMES B. HONTJR.
GOVERNOR
Thomas Singleton
1463 Highway 24
Newport, NC 28570
WAYHE McDEvvr
Dear Mr. Singleton:
s
ECRETARY /
ROGER N. SCHECTER
DIRECTOR
i
NORTH CAROL-INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
ne 23, 1998
The Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located adjacent'M Sander's Creek at 1463 Highway
24 in Carteret County, within the Holiday Village RV Park. It was received completed on June 15,
1998, and appears to be adequate for processing at this time. The projected deadline for making a
decision is August 28, 1998. An additional 75-day review period is provided by law when such time
is necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances,
this letter will serve as your notice of an extended review. However, an additional letter will be
provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any questions and
notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing
agencies.
Cordially you ,
T. Barrett
Management Representative
TJB/
Enclosure
cc: John Parker
Ted Tyndall, District Manager
MOREHEAD CITY OFFICE
HESTROM PLAZA 11 151-B HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone]B FAX [phone]
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STROUD ENGINEERING, P.A.
HESTRON PLAZA TWO
151-A HWY. 24 February 20, 1998
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. W. F. Parker
565 Neptune Drive
Swansboro, North Carolina 28584
Re: Holiday Village Boat Ramp Project
Dear Mr. Parker:
In accordance with the requirements of the Division of Coastal Management, a copy of the
requests for approval for improvements under General Permits for the referenced project is
provided for your information.
If you have questions concerning the proposed improvements, please contact Mr. Bill Forman
of Stroud Engineering in Morehead City at 919-247-7479.
Please be advised that, if you have comments concerning the project, they must be submitted
to the Division of Coastal Management within 30 days of this application. Submit comments to
N.C. Division of Coastal Management, Morehead City District, Post Office Box 769, Morehead
City, N. C. 28557.
Thank -you for your assistance concerning this matter.
Sincerely,
STROUD ENGINEERING. P. A.
J. W. Forman, Jr., FI.E.
Project Engineer
Enclosures
cc: Tom Singleton
Division of Coastal Management, Morehead City
FEB 2 5 1998
107 COMMERCE ST. 3961 A MARKET ST. - HESTRON PLAZA TWO
SUITE B SUITE A 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

STROUD ENGINEERING, P.A.
HESTRON PLAZA TWO February 20, 1998
151-A HWY. 24 ry
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. William Fowler
3797 Highway 24
Newport, North Carolina 28570
Re: Holiday Village Boat Ramp Project
Dear Mr. Fowler:
In accordance with the requirements of the Division of Coastal Management, a copy of the
requests for approval for improvements under General Permits for the referenced project is
provided for your information.
If you have questions concerning the proposed improvements, please contact Mr. Bill Forman
of Stroud Engineering in Morehead City at 919-247-7479.
Please be advised that, if you have comments concerning the project, they must be submitted
to the Division of Coastal Management within 30 days of this application. Submit comments to
N.C. Division of Coastal Management, Morehead City District, Post Office Box 769, Morehead
City, N. C. 28557.
Thank -you for your assistance concerning this matter.
Sincerely,
STROUD ENGINEERING, P. A.
)J.W. Forman, Jr.,
Project Engineer
Enclosures
cc: Tom Singleton
Division of Coastal Management, Morehead City
FEB 2 5 1998
107 COMMERCE ST. 3961 A MARKET ST HESTRON PLAZA TWO
SUITE B SUITE A 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

HOLIDAY VILLAGE BOAT RAMP PROJECT
APPLICATION FOR MAJOR CAMA PERMIT
NARRATIVE DESCRIPTION OF PROJECT
February 18, 1998
GENERAL PROJECT DESCRIPTION
The applicants wish to obtain Major CAMA Permit for construction of a concrete boat ramp and
access dock to serve the existing Holiday Village Mobile Home Park..
Agencies should be aware that it is the objective of the applicants to construct the proposed
improvements in such a manner as to minimize impacts to surrounding areas of environmental
concern.
Improvements proposed consists the following:
6`
• Concrete boat rampXfeet wide, 70 feet long with a 6 foot wide fixed Umber dock between
the boat ramp sections. Boat ramp extends to - 2.0 feet from an existing top of bulkhead
elevation at the shoreline of +3.0 to 3,5 feet.
• Removal of approximately 36 linear feet of existing timber bulkhead and construction of
two 30 foot long tie -back section of bulkhead on either side of the boat ramp. Bulkhead will
be a low structure to be built of either timber or concrete.
CONSTRUCTION METHODS
Construction of boat ramp will require excavation for placement of the seaward end of the
ramp to -2.0 feet. Construction will be done with land based equipment. Excavated material
will be placed on adjacent upland area for dewatering and then hauled to an offsite location for
disposal. Contractor will be required to meet all erosion and sediment control requirements
and regulations. An area of no more than 0.40 acres of upland area will be disturbed by the
construction.
Adjacent wetland area will not be impacted by the construction of improvements.
CONSTRUCTION SCHEDULE
Construction of the proposed improvements will be completed within 60 days of approval of
the LAMA permit. FEB 2 5 1998
COMPLIANCE WITH THE N. C. ENVIRONMENTAL POLICY ACT
Construction of the improvements is being done on waters that were created by excavation of
a boat basin. The project will be built entirely with private funds. No public funds will be
expended for the project.

- m
T P '-
fr
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 3, 1998
Mr. Thomas Singleton
1463 Highway 24
Newport, NC 28570
Dear Sir:
This letter is with reference to your application for a Coastal Area Management
Act Major Development and state dredge and fill permit to carry out construction on
property located adjacent Sander's Creek off of Bogue Sound, at 1463 Highway 24, in
Carteret County. Although processing of the application is nearing completion,
additional time is needed for this office to complete the review and make a decision on
your request. Therefore, it is necessary that the standard review time beg ended. An
l�f
additional 75 days is provided by G.S. I I3A-122(c) which would make o ber 11,
1998 the new deadline for reaching a decision on your request. However, we expect to
take action prior to that time and will do so as soon as possible. In the interim, if you
have any question on the status of your application, do not hesitate to contact this office.
Very sincerely,
�Aor\e
Parker, Jr.
rmitsProcessing Manager
JRP-jr/aw
cc: Tere Barrett
DCM--Morehead City
P.O. BOX 27687, RALEION, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIQN, NC 27604
PHONE [phone] FAX [phone]
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02/24/1998 11:51
9192470494
WATERS EDGE RV PARK
PAGE 02
STATE OF NORTH CAROLINA /
COUNTY OF CARTERETv
72,na 03
THIS DEED, made and entered into this the 3rd day of
July 1990, by and between WILL B. FOWLER and wife,
DIANE L. FOWLER, party of the first part; and THOMAS M. SINGLETON,
Single, whose address is 1891 Highway 24 East, Newport, North
Carolina 28570, party of the second part;
W I T N E S S E T H
That the party of the first part in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
considerations to said party paid by the party of the second part,
i the receipt of which hereby is acknowledged, has bargained and sold
M
Land by these presents does bargain, sell and convey unto the party
of thO second part, said party's heirs and assigns subject,
however, to the easements and restrictions hereinafter set forth,
all of the party of. the first part's one-half (1/2) undivided
interest in the following described property, to wit:
All that certain tract or parcel of land lying
and being situate in. Carteret County, North
Carolina, and being more particularly described
as follows:
FEE PROPERTY:
FEB 2 5 1998
Beginning at a point in the southern right-of-
way line of,N.C. Highway No. 24, said point of
beginning being the point of intersection of the
centerline of Sanders Creek and the southern
right-of-way line of N.C. Highway 24. THENCE
FROM SAID POINT OF BEGINNING SO LOCATED along -
and with the southern right-of-way line of N.C.
Highway 24 North 820 53' East 653.50 feet to a
point in the southern right-of-way line of N.C.
Highway 24; thence continuing along and with -the
southern right-of-way line of N.C. Highway No.
24 North 83" 25' East 455.20 feet to a point;
thence continuing along and with the southern
right-of-way line of N.C. Highway 24 North 800
17' East 293.34 feet to a point in the southern
right-of-way line of N.C. Highway 24; thence
leaving the southern right-of-way line of North
Carolina Highway No. 24 South 090 43' East 250.00
feet to a point; thence South 0° 0' 47" East
800 5` PAGE__C_!__

02/24-/1998 11:51
9192470494
WATERS EDGE RV PARK
PAGE 03
a
w
2,214.65 feet more or less to a point in the mean
highwater mark of Bogue Sound; thence along and
with the mean hi.ghwater mark of Bogue sound in
a northwestwardi.y direction (following a course
which has the complements of North 729 31' West
450.80 feet to a point; thence South 530 14' West
415.70 feet to point; thence North 46' 46' West
316.50 feet to a point; thence North 770 07' West
149.00 feet to a point; thence South 310 43' West
308.30 feet to a point; thence North 65° 05' West
229.50 feet) to a point in the centerline of
Sanders Creek; thence up and with the centerline
of sanders Creek in a northerly direction
( following a course which has the complements of:
North 240 02' East 270.30 feet; North 770 11'
West 137.20 feet; thence North 23° 37' East
140.60 feet; thence North 630 07' West 130.00
feet; thence North 260 33' West 87.40 feet to a
point; thence North 76° 59, west 176.40 feet;
thence North 340 12' East 394.00 feet to a point;
thence North 380 07' West 304.70 feet to a point;
thence North 246 03' East 718 feet to a point;
thence North,520 45' East 92.50 feet to a point;
thence North 260 45' West 156.00 feet to a point;
thence North 090 14' East 61.60 feet to a point;
thence North 360 36' East 79.00 feet to a point;
thence North 040 50' 51" West 18B4e1 5 the ) to the
western
point or place of beginning. Will B.
portion of the property acquired by
Fowler and -,Thomas Singleton by the deed recorded
in Book 463, Page 5. .(The above -described
property is hereinafter referred to as the "Fee
Property").
i
THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT
TO THE FOLLOWING:
(1) MARINA PERMIT:
The above -described Fee Property is conveyed
together with all right, title and interest of
the party of the first part in and t the marina number
permit dated March 20, 1985 bearing permit
176-84 issued by the State of North Carolina,
Department of Natural Resources and Community
Development and Coastal Resources Commission
dealing with the construction of a boat basin and
marina on the above -described property; provided,
however, this conveyance is subject to the
restriction
fpermit theimarina
sha11notgrant the party of the second part any
2
BOOK �U

02i24/1996 11:51
9192470494
WATERS EDGE RV PARK
PAGE 04
+e
right in and to the spoil area presently located
on the property of the party of the first part
and shown and defined in the original marina
permit. The party of the second part
acknowledges that the party of the second part
shall have to locate a new spoil area for the
spoil which will be generated from construction
of the marina.and connecting canal.
2. EASEMENT AREA:
The above -described property is conveyed together
with a perpetual, non-exclusive easement for the
purpose of land and water access from the above -
described property to the channel dredged in
Bogue Sound which easement shall run to the
benefit of the party of the second part and his
heirs, successors and assigns in the, ownership.
of the Fee Eroperty,described.above and any and
all subsequent subdivisions thereof. Said
easement is described as follows:
Beginning at a point which is located the
following courses and distances from the
intersection of the centerline of Sanders Creek
and the southern right--of-way line of N.C.
Highway No. 24: North 820 53' East 653.50 feet;
North 830 25' East 455.20 feet; North 80' 17'
East 293.34 feet; South 09' 43' East 250.00 feet;
South 00' 00' 47" East 2,214.65 feet to a point
in the mean highwater mark of Bogue Sound.
THENCE FROM SAM POINT OF BEGINNING SO LOCATED
North 000 00' 47" .West 520 feet to a point;
thence North 89" 59' 13" East 100.0 feet to a
point; thence South 600 00' 47" East 572.35 feet
more Or less to the mean highwater mark of Bogue
Sound; thence along and with the mean highwater
mark of Bogue Sound in a northwesterly direction
(bearing a course and distance of approximately
North 620 23' West 112.87 feet) to the point or
place of beginning (hereinafter referred to as
the "Easement Area").
The Easement Area is conveyed together withrand
subject to the following conditions,
restrictions, and rights which run to the benefit
and detriment of both the party of the first part
and the party of the second part, their heirs and
assigns in the ownership of the benefitted and
burdened property (which is fully described in

02/24/1598
11:51
9192470494
WATERS EDGE RV PARK
PAGE 05
s
3
it
the deed recorded in Book 463, Page 5, in the
Carteret County Registry):
A. RIGHTS:
(i) Either party shall have the right to go upon
the Easement -Area to dig, excavate, cut into,
remove, and pierce the Easement Area so as to
construct a:canal within the Easement Area and
to intersect the canal constructed within said
Easement Area with other canals. In conjunction
with any such excavation necessary for
construction and maintenance of a canal, either
party shall be entitled to build, construct,
erect, repair, maintain, and replace bulkheading
along the canal constructed within the Easement
Area and to build, construct, erect, repair,
replace, maintain and reconstruct a boardwalk
around the canal within the Easement Area. Once
a canal has been constructed in the Easement
Area, neither party shall take any action to
interfere with its use by any other party or the
guests, licensees or invitees of such party.
(ii) Subject to the paramount right to
construct, operate and maintain canals as
aforesaid, either party shall be entitled to go
upon the Easement Area and to place, construct,
repair and reconstruct thereon improved and
unimproved roads and launching ramps (including
the right to clear, cut, fell, remove and dispose
of any and all timber,. trees, underbrush,
buildings, improvements or other obstructions
located within the Easement Area), and to use
motor vehicles, boat lifts, and similar equipment
and apparatus on and over said Easement Area'
subject to the restrictions hereinafter
specified. The right to use motor vehicles shall
include the right to park motor vehicles
(including boat trailers) on the Easement Area
provided: (1) the parked vehicles do not
materially interfere with the use of the Easement
Area as a boat launching facility, (2) the parked
vehicles do not materially interfere with access
to the Easement Area, (3) no motor vehicle
(including trailers) is left or parked on the
Easement Area for any single continuous period
exceeding fifteen (15) hours and subject to such
other restrictions hereinafter specified.
Parking may be regulated in designated areas
which are acceptable to both the party of the
soocc PAGE

02/24/1998
11:57
9192470494
WATERS EDGE RV PARK
PAGE 01
first part and the party of the second part. if
parking in the Easement Area becomes a problem,
the parties shall agree to an equal division of
the parking area and shall be entitled to erect,
signs.designating such designated parking areas.
No party shall be entitled to damages for any
injury done to any apparatus or facility
authorized. by this subparagraph paused by the
construction, operation or maintenance of canals
otherwise permitted herein.
B. RESTRICTIONS:
(i) Until: the Easement Area is excavated, no
motor vehicles, boats, other articles or
structures may be placed, parked, moored, docked,
left, or constructed within the Easement Area
which will materially obstruct or prevent use of
the Easement Area as a boat launching facility
by any party. Provided, however, notwithstanding
such restriction, during construction of a canal
or other improvement in or upon the Easement'
Area, vehicles and other personal property may
be parked in or upon the Easement Area as may be
necessary for the construction of such
improvements. Provided, however, notwithstanding
such, no work shall occur upon the Easement Area
which would prevent use of the Easement Area for
the purposes set forth herein by any party for
more than six (6) consecutive months, unless such
delay is due to local, state or federal
regulations requiring delay or postponement of
completion'of the work. After the Easement Area
is excavated, no motor vehicles, boats, other
articles or structures may be placed, parked,
moored, docked, left, or constructed within the
Easement Area which will obstruct, interfere,
hamper or prevent the use of the Easement Area
by any party except as otherwise contemplated
herein. specifically, boats may not be moored
or docked in canals constructed in the Easement
Area.
(ii) Either party who commences construction of
a canal or other structure within the Easement
Area shall faithfully and promptly perform and
complete such construction within the aforesaid
time period. Any canals constructed within the
Easement Area shall be of sufficient width and
depth to allow a water vessel 20 feet in width
BOOK (L39

02/24/1.998 12:38 9192470494 WATERS EDGE RV PARK PAGE 01
_]
and drawing 4 feet to be piloted down canals
within the Easement Area to Rogue sound.
(iii) No construction shall occur upon, under
or over the Easement Area unless such
construction is in accordance and compliance with
all duly issued and authorized local, state and
federal permits required for such activity.
(iv) Any party constructing improvements,
excavating or taking any action within the
Easement Area shall be responsible for the total
cost of such improvements, excavation, or
construction unless otherwise agreed by the
parties at such time. pursuant to such
responsibility, the party conducting such
improvements, excavation or construction shall
indemnify and hold the other party harmless from
any liens or charges which could be threatened
or assessed against the other party by failure
of the responsible party to pay any cost
associated with such improvements, excavation or
construction when such come due.
(v) Either party which constructs, excavates,
or makes any improvements within the Easement
Area shall be responsible for all maintenance
costs associated with such improvements until
such .time as the Easement Area is restored by
such party to a condition which is substantially
similar or equal to the condition of the Easement
Area prior to any such improvements being
constructed thereon or until the other party
connects the Canal constructed within the
Easement Area with an intersecting canal. Once
the. -other party connects the canal within the
Easement Area with an intersecting canal, then
both parties shall share equally in the cost of
maintaining the improvements constructed within
the Easement Area. Provided, however, neither
party shall be responsible for any costs incurred
by the other party which are associated with the
initial cost of constructing the canal, the
bulkhead, or connecting to the canal.
Furthermore, neither party shall be responsible
to the other party for any costs incurred due to
the fault or negligence of the other party, his
servants, agents, guests or invitees. It is
recommended that prior to engaging in any work
for which.a party will seek reimbursement that
said party contact the other party and request
consent for the proposed work; however, failure
BOOK k',3� PAGE

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40
to request such consent shall not affect either
party's rights. If the other party refuses to
consent, opposes, or is simply not asked, then
the issue of the appropriate costs, the necessity
of the work and other matters shall be determined
by mutual agreement or a court of competent
jurisdiction. In addition to any other recovery,
the winning party to any such action shall be
entitled to reasonable attorney's fees and court
costs. Until the Easement Area is restored or
the other party connects an intersecting canal
to the canal in the Easement Area, if future
maintenance or improvements. are necessary in
order to preserve the utility or safety of such
improvements within the Easement Area and if the
party which constructed such improvements within
the Easement Area fails to take reasonable steps
to begin maintenance of said area within
sixty (60) days following receipt of written
notice from the other party, then the•other party
shall have the right to undertake and complete
such necessary improvements or construction upon
the Easement Area and to recover from the other
party such costs to correct such deficiency,
together with interest at the rate of one and
one-half percent (13%) per month, court costs
and his reasonable attorney fees necessary to
collect such, amount from the other party.
Provided, however, should the Court determine
that such improvements or construction were not
necessary for the safety or utility of the
improvements, then the party bringing such action
shall be liable. to the other party for such
party's reasonable attorney fees in defending
such action.
(vi) Any improvements constructed within or upon
the Easement Area shall be available for use by
and may be used by either Party and their
successors and assigns in the ownership of the
property herein conveyed to the party of the
second part or this day conveyed to the party of
the first part by the party of the second part
(said property being described in Book 463,.Page
5 in the Carteret County Registry).
(vii) if either party should decide to take any
action which would involve removal or destruction
of any of the bulkheading or boardwalk previously
constructed in the Easement Area ;(such as
piercing the canal for an access canal or boat
7
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S
ramp), the party causing such destruction, if
practical., shall repair or replace such
bulkheading and boardwalk as soon as practical
with materials of similar quality and
construction and shall take such action as shall
be necessary to ensure that no irr,mediate or
future damage occurs to that portion of the
bulkheading or boardwalk remaining in place due
to such removal or destruction.
(viii) To the greatest extent possible, all boat
ramps shall be constructed so that boats are
deposited into or retrieved from feeder canals
which run off the main marina canal fo be
constructed in the Easement Area. If feeder
canals are not possible, boat ramps shall be
constructed so as to minimize any disruption of
the flow of boat traffic through the canal in the
Easement Area.
(ix) Both parties agree to execute, record and
it enforce legally binding restrictions on their
respective properties which run to the benefit
of the property of the other party which prohibit
any person, firm or corporation from anchoring,
docking, mooring, or tying up any boat or vessel
within the canal in the Easement Area or from
constructing any pier, dock, or other structure
within the canal in the Easement Area.
3. MAINTENANCE AREA.
The above -described property is conveyed subject
to a perpetual non-exclusive easement which
easement hereby -is reserved by the party of the
first part for maintenance and repair of the
Easement Area described above over and upon the
following described property:
Beginning at a point which is located the
following courses and distances from the
intersection of the centerline of Sanders Creek
and the southern right of way line of N.C.
Highway No. 24; North 82' 53' East 653.50 feet;
North 83° 25' East 455.20 feet; North 801 17'
East 293.34 feet; South 090 43' East 250.00 feet;
South 00 00' 47" East 2,214.65 feet to a point
in the mean highwater mark of Bogue Sound.
THENCE*FROM SAID POINT OF BEGINNING SO LOCATED
North 000 00' 47" West 545 feet to a point;
rhenca South 890 59' 13" West 25 feet to a Doint;
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02/24/1-998 12:38 _ 9192470494 WATERS EDGE RV PARK PAGE 02
v
thence south 00° 00' 47" West 545 feet more or
less to the mean highwater mark of Bogue sound;
thence along and with the mean highwater mark of
Hogue Sound in a southeasterly direction having
a complement of South 720 31' East 25 feet more
or less to the point or place of beginning (said
property being referred to as the "Maintenance
Area").
4. MAINTENANCE EASEMENT.
The above -described Fee Property is conveyed
together with a non-exclusive perpetual easement
for maintenance and repair of the Easement Area
described above over and upon the following
described property:
Beginning at a point which is located the
following courses and distances from the
intersection of the centerline of Sanders Creek
and the southern right of way line of
N.C. Highway No. 24: North 820 53' East 653.50
feet; North 830 25' East 455.20 feet to a point;
thence North -800 17' East 293.34 feet to a point;
South 090 43' East 250.00 feet to a point; thence
South 00° 00' 47" East 2,214.65 feet to a point
in the mean highwater mark of Bogue Sound; thence
North 001 00' 47" West 520 feet. THENCE FROM
SAID POINT OF BEGINNING SO LOCATED, North 000 00'
47" West 25 feet; North 89' 59' 13" East 125 feet
to a point; thence South 000 00' 47" East 597.35
feet more or less to the mean highwater mark of
Bogue Sound; thence along and with the mean
highwater mark of Bogue sound in a northwesterly
direction to a .point which is the southeastern
corner of the "Easement Area" described above;
thence North 00' 00' 47" West 572.35 feet to a
point; thence South 890 59' 13" West 100 feet to
the point or place of beginning (said property
being referred to as the "Maintenance Easement").
5. RESTRICTIONS UPON MAINTENANCE AREA AND
MAINTENANCE EASEMENT.
No improvements may be constructed within the
Maintenance Area or the Maintenance Easement
which would interfere with the use of the
Maintenance Area or Maintenance Easement for
maintenance of the Easement Area. Provided
however, bulkheading, boardwalks, bul$head anchor
plates, canals, and boat ramps are permissible
9
BOOK. PA. G" E M

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.9192470494
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within the Maintenance Area and Maintenance
Easement.
6. ROAD EASEMENT.
The above -described Fee Property is conveyed
together with an easement for ingress, egress,
regress, and access to and from the above
described Fee Property to and from the Easement
Area described above over and upon an area thirty
(30.) feet in width, the centerline of which is
located in the center of the road which presently
runs from eastern property line of the Fee
Property .to the eastern property line of the
Easement Area as shown on the attached map
labeled Attachment A and delineated by a bold
line. This easement shall exist until the marina
referenced aboveis constructed on the Fee
Property. If the marina is never constructed,
this easement shall continue in the perpetuity.
Provided, however, the owner of the property
through which this Road Easement passes may
relocate said Road Easement provided such owriet
constructs a road of equal or better quality and
width and executes a recordable instrument
properly- describing the new Road Easement.
Access may be required from N.C. Highway 24. If
the party of the second party should desire. to
have the .Road Easement surveyed at the party of
the second part's expense and more particularly
described, the party of the first part agrees to
execute a new easement describing the Road
Easement by metes and bounds description.
7. DEFINITIONS.
(i) References to party, parties, either party,
the party of the first part, and the party of the
second part herein shall include their heirs,
successors and assigns and their guests,
employees, customers, invitees and licensees and
any parties which have rights in any portions of
the property described above, in any portion of
the property described in the deed recorded in
Book 463, Page 5, or in any portion of the
property conveyed to the party of the first part
by the party of the second part by the
simultaneous exchange of deeds contemplated by
this deed.
10 U
5�( / ---_
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(ii) References to "construct" "erect"
"maintain" or words with similar meanings shall
include construct, repair, replace, maintain,
improve,; reconstruct, and other similar words.
8. LIMIT OBJECTION.
By execution of this deed, the party of the first
part, his heirs, successors and assigns, agree
that until June 30, 1993 they shall not object
in any manner to any proposed development,
rezoning, marina permit application, or other
development plan which the party of the second
part, his heirs, successors or assigns may
propose for the property described herein,
provided such proposal does not violate one or
more of the restrictions or limitations contained
in the descriptions or substantially interfere '
with any rights granted to the patty of the first
part by the party of the second part by deed of
even date herewith.
K
i TO HAVE AND 'TO HOLD said property and all privileges and
Yappurtenances thereunto belonging to the party of the second part,
said party's heirs and assigns forever subject, however, to the
easements, restrictions and other matters set forth above.
And the party of the first part does covenant that said
party is seized of said property in fee and has the right to convey
same in fee simple; that the same is free from encumbrances except
any encumbrances or restrictions mentioned above and that said
party will warrant and defend the title to the same against the
lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the party of the first part has set
said party's hand hereto and has adopted as said party's seal the
typewritten word "SEAL" appearing beside said party's name, this
the day and year first above written.
' r
(SEAL)
W 6B;7-'FOWLER
f /� z2-- (SEAL)
INANE L. FOWLER
11 �.,,; l
�
BOOK P;,Q71

02,/24/1998 12:02 9192470494 WATERS EDGE RV PARK PAGE 05
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, Polly M. Filson , a Notary Public in
and for said County and State, do hereby certify that WILL B.
FOWLER and wife, DIANE L. FOWLER personally appeared before me this
diy,and-acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this the 3rd day of
1990.
/ Notary Public
My Gb.*ission Expires,
0 %
..,, ue.„
$ 40.
sTATE.OF NORTH CAROLINA
COUNTY OF CARTERET
The foregoing certificate o
a Notaf.
Pub is of CV E:V
9 County, North Carolina, is certified to be correct- This
instrument was presented for registration this day and hour and
duly recorded in the office of h. egister Deeds of Carteret
County, North Carolina, in Book
C.
This ( day of 1990, at
—,o'clock M.
81LO933(A)
NLR/16
6-13-90
J4WV (/Ai
Regis er of De ds
12 /-2 � �'
BOOKS PA.GF /

s
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
THOMAS SINGLETON,
Petitioner
v.
DIVISION OF COASTAL
MANAGEMENT, DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES AND COASTAL
RESOURCES COMMISSION,
Respondents
REcE�� E�
N�V 19 1g9a
- GOASSAtMANAGEMEK�
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO.: 98-EHR-1351
PETITIONER'S PREHEARING
STATEMENT
Petitioner Thomas Singleton (Petitioner), by and through
the undersigned counsel, submits the following Prehearing
Statement.
1. Issues. Whether Respondents' September 22, 1998
denial of Petitioner's CAMA permit application was erroneous,
unlawful, arbitrary, capricious, involved a failure to act as
required by law, substantially prejudiced Petitioner's rights,
and/or was made without lawful procedure.
2. Statement of Facts. Petitioner has owned the
property at issue for many years. There is long-standing existing
use of the proposed boat ramp site for launching of boats. This
existing use, without the benefit of a constructed ramp, causes
significant erosion, sediment disturbance, boat kicking and similar
damage over a much wider area than would be the case with a
properly constructed and operated boat ramp. Petitioner rents
upland portions of his property to others, and has done so for many
years. Petitioner and his tenants/invitees are entitled to access
to deep water as a result of Petitioner's common law riparian
rights. Such riparian rights likewise are recognized under the
CAMA statutes and regulations. Petitioner also incorporates into

0
is
this Prehearing statement all statements of fact as contained in
Petitioner's original Petition.
3. Proposed Witnesses. Petitioner; any of Petitioner's
tenants on the property; Mr. Steve Morrison of Land Management,
Inc.; any of Respondent's agency staff; any of Respondent's
witnesses. Petitioner also reserves the right to make additions to
this list based on the result of any discovery or further factual
investigation.
9. Discovery. Petitioner desires discovery; the
discovery process specified in the rules and/or scheduling order is
acceptable to Petitioner.
< 5. Hearing Location. The hearing location set in the
Court's October 19, 1998 Scheduling Order (New Bern) is appropriate
w
o and acceptable to Petitioner.
`< 6. Estimated Length. One to two (1-2) days.
d
7. Representation. The undersigned counsel represents
Petitioner.
p 8. Hearing Schedule. The February 15, 1999 scheduled
s
hearing date appears reasonable to Petitioner at this time.
Petitioner reserves the right to request a continuance if required
by either discovery developments, unforeseen factual developments,
or in order to complete any mediation process.
9. Other Matters. Petitioner presently is in the
process of evaluating potential submittal of an alternate CAMA
permit application utilizing an alternate boat ramp location.
Should Respondents approve an alternate, acceptable location, the
matters herein may become moot. Therefore, Petitioner may contact
Respondent in the near future and seek a stay order in this matter
for a defined period of time. Petitioner further reserves the
right to supplement and amend this Prehearing Statement, including
identification of other issues and witnesses, depending upon the
results of further factual investigation and the discovery process.
04

3
a
This the 18th day of November, 199
2--�Clark Wright, Jr
N.C. State Bar N 011163
For the firm of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
3

a
a
CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the
foregoing PETITIONER'S PREHEARING STATEMENT by depositing a copy
thereof in an envelope bearing sufficient postage in the United
States mail at New Bern, North Carolina, addressed to the following
persons at the following addresses which are the last addresses
known to me:
Daniel F. McLawhorn, Esq.
General Counsel
Department of Environment and Natural Resources
Archdale Building
512 North Salisbury Street
Raleigh, North Carolina 27604-1148
Donna D. Moffitt
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7667
Mary Penny Thompson, Esq.
Associate Attorney General
North Carolina Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
This the 18th day of November, 1998.
NBMAIN/343583.1
I. Clark Wrig , Jr.
For the f' of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
4

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas Singleton
2. LOCATION OF PROJECT SITE: Adjacent to Sander's Creek off of Bogue Sound at 1463 Highway 24
in Carteret County. This is between Broad and Goose Creeks within the community of Ocean.
Photo Index - 1995: 39-480, grid F7,8 1989: 160-15, grid Q-8
State Plane Coordinates - X: 2609350 Y: 355200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- March 03, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: June 15, 1998
Office - Morehead City
6. S= DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned -None
(F) Type of Structures: Existing - Mobile Home Park, Bulkhead
Planned -Boat ramp, Pier
(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
(C) Other
Shallow Bottom Habitat
875 sf
High Ground
2652 sf
Open Water
60 sf
(D) Total Area Disturbed: 3587 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a boat ramp within an existing basin
area on the east prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.

FIELD INVESTIGATION REPORT:
Thomas Singleton
PAGE #2
9. NARRATIVE DESCRIPTION:
The project site is an existing mobile home park adjacent to Sander's Creek off of Bogue Sound
in Carteret County. This 84 acre tract is located at 1463 Highway 24, between Broad and Goose
Creeks, within the community of Ocean. The property ranges from 0' to 28' mean sea level in
elevation, and is mostly cleared. The mobile homes on the site are serviced by a community well
system and individual septic tanks. The tract has been approved by Carteret County for the
installation of 85 mobile homes. The vacant portion of this tract has recently been cleared of
vegetation, and has been considerably ditched, with drain pipes installed.
The property is bordered by the east prong of Sander's Creek to the west, and Sander's Creek
proper to the south. The creek contains a significant amount of coastal marsh, predominantly
Spartina altemiflora and Juncus roemerianus with sparse Typha latifolia and Distichlis sspicata.
There is a visible shellfish resource within the east prong of Sander's Creek and Sander's Creek
proper, and beds of submerged aquatic vegetation within Sander's Creek and Bogue Sound. The
substrate within the project area is very silty. Approximately 350' north of the conflux of the east
and west prongs of the creek lies a basin area off of the east prong that has been stabilized with a
timber bulkhead wall. The bulkhead was accomplished under the CAMA General Permit
process in 1996. The basin was created prior to the onset of the CAMA, as it appears on the
1978 photography #27-1013. According to the applicant, this area was excavated post 1966 by a
man named Greenberg. No files exist to document this.
The Division of Marine Fisheries has designated Sander's Creek as a Primary Nursery Area.
The water classification within the east prong of the creek is SA, while Sander's Creek proper and
the adjoining Bogue Sound carry the additional designation of Outstanding Resource Waters.
The area was closed to the taking of shellfish for consumption in March of 1996, and remains
closed today. The Carteret County land use plan places this tract within the Limited Transition
classification, with all areas lying within CAMA Areas of Environmental Concern classified as
Conservation. There is P to 1.5' of tidal flux within the east prong of Sander's Creek.
This property has a long and complex history, beginning with the issuance of State Permit #176-
84 for the excavation of a high ground basin connected to the existing basin in the east prong by
way of a canal. The new basin was also to be connected to the AIWW within Bogue Sound by
way of access channel through Sander's Creek. There was other excavation requested within
Sander's Creek and denied. This permit included the authorization for a subdivision and a
marina system within the newly excavated high ground basin. There was a deed dispute at the
time, but all indications are that the ownership questions have been settled.
Permit #176-84 remained active through renewals until 1995. Upon submittal of the last renewal
request, the agencies opted for a new review of the total project, as many regulations had
changed. The applicant failed to complete submittal of all of the requested information, and the
permit expired. The only development accomplished under the permit before its expiration was
the excavation of the access channel from the AIWW to the mainland area of Sander's Creek.
The applicant no longer owns the tract to which this lends access, but retains a perpetual
easement across the high ground to the channel.

There has been no archaeological assessment performed on this tract.
The applicant is proposing to construct a boat ramp into the existing basin area in the east prong
of Sander's Creek. The body of water is approximately 170' across at this point. The proposal is
to place the ramp towards the northeast comer of the basin, in the area currently stabilized by
bulkhead. The most landward 12' of the structure is to be composed of stone, 36' wide,
approximately 45' from the current normal high water line. The next 15' is to be composed of
concrete, extending landward from a point approximately 30' from the normal high water mark.
The next 55' of the structure will be subject to tidal influx. The existing bulkhead will be
removed for a width of 36'. From this point, 30' landward and 25' waterward, a prefab concrete
ramp will be placed. There are approximately 154 cubic yards of high ground material to be
excavated and 29 cubic yards of shallow bottom area to be excavated for the placement of the
ramp. The spoil will be hauled to an upland area onsite. Approximately 11.4 cubic yards of
concrete fill will be required for ramp construction. With the proposed excavation for the
placement of the ramp, the applicant anticipates a finished water depth of -2' normal low water at
the end of the ramp. The application states that 10' beyond the end of the ramp, the water depth
is -1' to -1.5' normal low water. The sides of the ramp landward of the bulkhead will be
stabilized with additional timber or concrete bulkhead wall, 30' on either side. There is a dock
proposed extending down the middle of the ramp from the location of the existing bulkhead for a
length of 35' and a width of 6'. This structure extends 10' beyond the terminus of the ramp.
Current soundings within the basin area average from -1.9' nlw to -2.2' nlw. Soundings within
the east prong of Sander's Creek average-1.29', -1.7', and -1.4' nwl. Soundings within the next
1 100'of Sander's Creek can be broken into six segments, and average -2', -2', -1.4', -1.6, -2' and -
1.82' within those segments.
The stated intended use of this proposal is to provide boating access to the residents of the
existing mobile home park. According to Carteret County records, there are approximately 85
mobile homes authorized for this development. The applicant has indicated to this division that
there are no plans for development on the vacant portion of the property. However, there is a
proposal currently with Carteret County for an additional 317 RV spaces on the recently cleared
and ditched portion of this property. The proposed RV spaces extend along the east prong of
Sander's Creek, around the existing basin where the ramp is proposed, and along Sander's Creek.
This development would be subject to authorization under the CAMA major permitting process.
There is no request for any such development under the current proposal.
10. ANTICIPATED IMPACTS:
The project as proposed will require the excavating and filling of approximately 875 square feet
of shallow bottom habitat and 2652 square feet of high ground, and will usurp 60 square feet of
public trust area. Turbidity impacts can be expected during construction. The indirect impacts to
be incurred from a proposal such as this can be greater than the direct impacts. The east prong of
Sander's Creek and Sander's Creek proper are extremely shallow habitats, with normal low water
soundings averaging -17. The fine composition of the bottom in this area makes it particularly
susceptible to sediment resuspension into the water column. It can be expected that boat wake
will increase turbidity due to the proximity of the disturbance to the silty substrate. Additionally,
it can be anticipated that prop wash or "kicking" will occur in an area set aside for boat launching
that offers only shallow water. Turbidity increases can reduce sunlight penetration, reduce
available oxygen, encourage algae growth, smother benthic organisms, discourage SAV growth,
alter water temperatures, and impair overall water quality. The project as proposed will serve the

boating needs for 85 mobile home residents. It must be anticipated that the RV park proposed to
be located around the perimeter of this basin will also share in the boating access, making it
possible that the launching facilities addressed in this application will serve 402 units.
T. Barrett June 23,1998 Morehead City

?orir.. UClvl`.-R'iis-I
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
I. APPLICANT White Oak Township
a.. Landowner:
Name Thomas M. Singleton
Address 1463 Hwy. 24
City Newport State N.C.
Zip 28570 Day Phone [phone]
[phone]
Fax [phone] (same as phone)
b. Authorized Agent:
J. W. Forman, Jr., P.E.
Name. Stroud Engineering, P.A.
Address 151—A Hwy. 24
City Morehead City State N.C.
Zip 28557 Day Phone [phone]
Fax [phone]
C. Project name (if any) Holiday Village
Boat Ramp
N07E: Peru* %0 be issued in name oJ'fondoxncr(rf, asalor
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
c. Street address or secondary road number
1463 Hwy. 24, Newport, N.C.
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) Bogue Sound
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.
Bulkhead relocation, boat ramp, fixed
timber piers.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.
c. Will the project be for public, private or commercial
use? Private.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Cast —in —place concrete
boat ramp slab, timber of concrete
bulkhead sections, removal of timber
bulkhead. Project to provide"boat
access for tenants of Holiday Village
Mobile Home Park.

Form DCM-M23-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 84.02 ac
b. Size of individual lot(s) No single lots recorded
c. Approximate elevation of tract above MHW or
NWL O.to 27.9' NCVD
d.. Soil type(s) and texture(s) of tract
Silty sand
e. Vegetation on tract Grass, pine trees
f. Man-made features now on tract Mobile home
park, 92 units, streets, utilities timber
bulkhead, manmade boat basin
g. What.. is. the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
m. Describe existing wastewater treatment facilities.
Septic tanks for each mobile home site
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.) Surface
runoff.
o. 'Describe existing drinking water supply source. -
Wells — community water system.
5. ADDITIONAL INFORMATION
In addition to the completed . application form, the
following items must be submitted:
Conservation Transitional
Developed Community A copy of the deed (with state application only) or
Rural X Other other instrument under which the applicant claims title
Limited Transitional to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
B2 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X_ Yes No
(Attach zoning compliance cerrifieate, 1(applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X 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 X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
No impacts in project area.
m 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.02031 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 iC must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or 'secondary road (SR)
numbers, landmarks, and the like.
O A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name W. F. Parker
Address 565 Neptune Dr., Swansboro, NC 28584
Phone [phone]
Name Mr. Will Fowler
Address 3797 Hwy. 24, Newport, NC 28570
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.
GPC-16091 - Holiday Village - 4/10/96
GPC-14864 - Holiday Village - 1/12/96
176-84 (Major) - Holiday Village - 8/21/84
• 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.
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 wi11 be subject to conditions
and restrictions contained iz 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 ZgAday of To 6 , 19_(7.
Print Name 5*i i,r9 /F'/,--n
Signature 6���2� � Landowner or or Authorized Agent
Please indicate attachments pertaining to your proposed
project:`
X DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
X DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.

Form' DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average rural
Eusting Project
Leneth Width Depth Depth
55
36
0.6
—2
sc,'
�L.Y Ns.
.i
• '' ;fd of
:.'
Q
�✓
y�LL�� �y
1 yx'�.�
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 29.3 cy
b. Type of material to be excavated Silty sand
c. Does the area to be -excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. Highground excavation in cubic yards 154 cy
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Adjacent upland area
or haul away to offsite location.
b. Dimensions of disposal area
C. Do you claim title to disposal area?
X Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a "disposal are" 10 available for future
maintenance?"' Yes X No
If yes, where?
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes x No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 60 if ±
c. Average distance waterw rd of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Landward of existing MHW
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material Timber of
concrete
g. Amount of fill in cubic' yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill
h. Type of fill material
1. Source of fill material
None.
4. OTHER, FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes x No
If yes,
(1) Amount of material to be placed in the
water Concrete ramp 11.4 cy
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fencing
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe
c. Will wetlands be cr3ssed in transporting equipment
to project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Appli t or Project Name
Al
kignature
DateT�
Revised 03/95

Form DCM-MP4
STRUCTURES
(Construction within Public.Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community X Private
(2) Number 1
(3) Length 35'
(4) Width 6
(5) Finger Piers _ Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at water -ward end of pier at
MLW or NWL 1 — 1.5 ft.
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
C.
Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body -
Distance ' buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Z-AvMlif
AppGca t or Project Name
Signature
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Date

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TOM SINGLETON LOCATION MAP 2/18/98 1JWF
1 463 N.C. HWY. 24 EAST SCALE: SHEET:
CAMA PERMIT APPLICATION 1"= 2000' 1 OF 4
NEWPORT, N. C. 28570
HOLIDAY VILLAGE
CARTERET COUNTY BOAT RAMP S STROUD ENGINEERING, P.A.
151A HIGHWAY 24
MOREHEAD CITY, N.C. 2e557
[phone]

J(
TOM SINGLETON
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CARTERET COUNTY
SITE LOCATION MAP
CAMA PERMIT APPLICATION
HOLIDAY VILLAGE
BOAT RAMP
/ BOGUE SOUND
by:
2/18/98 1 JWF
E: SHEET:
1"=300' 1 2 OF 4

EXISTING
BULKHEAD
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NEW BULKHEAD
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TOB BE REMOVED
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BULKHEAD
AD
S�
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........
CREEK
FIXED TIMBER
CREEK nnex
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DATE:
8T:
8
JWF
TOM SINGLETON
SITE PLAN
ALEt
SCLEI
AS SHOWN
SHEETt
3 OF 4
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CAMA PERMIT APPLICATION
HOLIDAY VILLAGE
A STROUD ENGWEERING.P.A.
AY 24
MOREHHEAADDWCITY, N.C. 28557
CARTERET COUNTY
BOAT RAMP
[phone]

TOM SINGLETON
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CARTERET COUNTY
p
TYPICAL SECTION
CAMA PERMIT APPLICATION
HOLIDAY VILLAGE
BOAT RAMP
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T ELEVATIONS SHOWN BASED ON NGCD MEAN
SEA LEVEL DATUM. MEAN LOW WATER ELEV.
APPROX. -1.1 FEET.
0 50 100 200
25 75 150
SCALE IN FEET

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas Singleton
2. LOCATION OF PROJECT SITE: Adjacent to Sander's Creek off of Bogue Sound at 1463 Highway 24
in Carteret County. This is between Broad and Goose Creeks within the community of Ocean.
Photo Index - 1995: 39-480, grid F7,8 1989: 160-15, grid Q-8
State Plane Coordinates - X: 2609350 Y: 355200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- March 03, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: June 15, 1998
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned -None
(F) Type of Structures: Existing - Mobile Home Park, Bulkhead
Planned - Boat ramp, Pier
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
TlT7AT1(11rn LM T UT1 �mr_Tr-n
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other
Shallow Bottom Habitat
875 sf
High Ground
2652 sf
Open Water
60 sf
(D) Total Area Disturbed: 3587 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a boat ramp within an existing basin
area on the east prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.

FIELD INVESTIGATION REPORT:
Thomas Singleton
PAGE #2
9. NARRATIVE DESCRIPTION:
The project site is an existing mobile home park adjacent to Sander's Creek off of Bogue Sound
in Carteret County. This 84 acre tract is located at 1463 Highway 24, between Broad and Goose
Creeks, within the community of Ocean. The property ranges from 0' to 28' mean sea level in
elevation, and is mostly cleared. The mobile homes on the site are serviced by a community well
system and individual septic tanks. The tract has been approved by Carteret County for the
installation of 85 mobile homes. The vacant portion of this tract has recently been cleared of
vegetation, and has been considerably ditched, with drain pipes installed.
The property is bordered by the east prong of Sander's Creek to the west, and Sander's Creek
proper to the south. The creek contains a significant amount of coastal marsh, predominantly
Spartina alterniflora and Juncus roemerianus with sparse Tvoha latifolia and Distichlis s i_p cats.
There is a visible shellfish resource within the east prong of Sander's Creek and Sander's Creek
proper, and beds of submerged aquatic vegetation within Sander's Creek and Bogue Sound. The
substrate within the project area is very silty. Approximately 350' north of the conflux of the east
and west prongs of the creek lies a basin area off of the east prong that has been stabilized with a
timber bulkhead wall. The bulkhead was accomplished under the CAMA General Permit
process in 1996. The basin was created prior to the onset of the CAMA, as it appears on the
1978 photography #27-1013. According to the applicant, this area was excavated post 1966 by a
man named Greenberg. No files exist to document this.
The Division of Marine Fisheries has designated Sander's Creek as a Primary Nursery Area.
The water classification within the east prong of the creek is SA, while Sander's Creek proper and
the adjoining Bogue Sound carry the additional designation of Outstanding Resource Waters.
The area was closed to the taking of shellfish for consumption in March of 1996, and remains
closed today. The Carteret County land use plan places this tract within the Limited Transition
classification, with all areas lying within CAMA Areas of Environmental Concern classified as
Conservation. There is 1' to 1.5' of tidal flux within the east prong of Sanders Creek.
This property has a long and complex history, beginning with the issuance of State Permit #176-
84 for the excavation of a high ground basin connected to the existing basin in the east prong by
way of a canal. The new basin was also to be connected to the AIWW within Bogue Sound by
way of access channel through Sander's Creek. There was other excavation requested within
Sander's Creek and denied. This permit included the authorization for a subdivision and a
marina system within the newly excavated high ground basin. There was a deed dispute at the
time, but all indications are that the ownership questions have been settled.
Permit #176-84 remained active through renewals until 1995. Upon submittal of the last renewal
request, the agencies opted for a new review of the total project, as many regulations had
changed. The applicant failed to complete submittal of all of the requested information, and the
permit expired. The only development accomplished under the permit before its expiration was
the excavation of the access channel from the AIWW to the mainland area of Sander's Creek.
The applicant no longer owns the tract to which this lends access, but retains a perpetual
easement across the high ground to the channel.

There has been no archaeological assessment performed on this tract.
The applicant is proposing to construct a boat ramp into the existing basin area in the east prong
of Sander's Creek. The body of water is approximately 170' across at this point. The proposal is
to place the ramp towards the northeast corner of the basin, in the area currently stabilized by
bulkhead. The most landward 12' of the structure is to be composed of stone, 36' wide,
approximately 45' from the current normal high water line. The next 15' is to be composed of
concrete, extending landward from a point approximately 30' from the normal high water mark.
The next 55' of the structure will be subject to tidal influx. The existing bulkhead will be
removed for a width of 36'. From this point, 30' landward and 25' waterward, a prefab concrete
ramp will be placed. There are approximately 154 cubic yard'§ of high ground material to be
excavated and 29 cubic yards of shallow bottom area to be excavated for the placement of the
ramp. The spoil will be hauled to an upland area onsite. Approximately 11.4 cubic yards of
concrete fill will be required for ramp construction. With the proposed excavation for the
placement of the ramp, the applicant anticipates a finished water depth of -2' normal low water at
the end of the ramp. The application states that 10' beyond the end of the ramp, the water depth
is -F to -1.5' normal low water. The sides of the ramp landward of the bulkhead will be
stabilized with additional timber or concrete bulkhead wall, 30' on either side. There is a dock
proposed extending down the middle of the ramp from the location of the existing bulkhead for a
length of 35' and a width of 6'. This structure extends 10' beyond the terminus of the ramp.
Current soundings within the basin area average from -1.9' nlw to -2.2' nlw. Soundings within
the east prong of Sander's Creek average-1.29', -17, and -1.4' nwl. Soundings within the next
1100' of Sander's Creek can be broken into six segments, and average -2', -2', -1.4', -1.6, -2' and -
1.82' within those segments.
The stated intended use of this proposal is to provide boating access to the residents of the
existing mobile home park. According to Carteret County records, there are approximately 85
mobile homes authorized for this development. The applicant has indicated to this division that
there are no plans for development on the vacant portion of the property. However, there is a
proposal currently with Carteret County for an additional 317 RV spaces on the recently cleared
and ditched portion of this property. The proposed RV spaces extend along the east prong of
Sander's Creek, around the existing basin where the ramp is proposed, and along Sanders Creek.
This development would be subject to authorization under the CAMA major permitting process.
There is no request for any such development under the current proposal.
10. ANTICIPATED IMPACTS:
The project as proposed will require the excavating and filling of approximately 875 square feet
of shallow bottom habitat and 2652 square feet of high ground, and will usurp 60 square feet of
public trust area. Turbidity impacts can be expected during construction. The indirect impacts to
be incurred from a proposal such as this can be greater than the direct impacts. The east prong of
Sander's Creek and Sander's Creek proper are extremely shallow habitats, with normal low water
soundings averaging -17. The fine composition of the bottom in this area makes it particularly
susceptible to sediment resuspension into the water column. It can be expected that boat wake
will increase turbidity due to the proximity of the disturbance to the silty substrate. Additionally,
it can be anticipated that prop wash or "kicking" will occur in an area set aside for boat launching
that offers only shallow water. Turbidity increases can reduce sunlight penetration, reduce
available oxygen, encourage algae growth; smother benthic organisms, discourage SAV growth,
alter water temperatures, and impair overall water quality. The project as proposed will serve the

boating needs for 85 mobile home residents. It must be anticipated that the RV park proposed to
be located around the perimeter of this basin will also share in the boating access, making it
possible that the launching facilities addressed in this application will serve 402 units.
T. Barrett June 23,1998 Morehead City

L'urir_ DCI+t-h'iP-1
APPLICATION
(To be completed by all applicants) '
L, APPLICANT
a.. Landowner:
Name Thomas M. Singleton
Address _1463 Hwy. 24
City Newport State N.C.
Zip 28570 Day Phone (919)•247-0494
[phone]
Fax [phone] (same as phone)
b. Authorized Agent:
J. W. Forman, Jr., P.E.
Name. Stroud Engineering P.A.
Address 151-A Hwy. 24
City Morehead City State N.C.
Zip 28557 Day Phone [phone]
Fax [phone]
C. Project name (if any) Holiday Village
Boat Ramp
NOTE: Perrrst wi116e issued in name oflmdowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
b. City, town, community or landmark
White Oak Township
c. Street address or secondary road number
1463 Hwy. 24, Newport, N.C.
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)_ Bogue Sound
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.
Bulkhead relocation, boat ramp, fixed
timber piers.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.
C. Will the project be for public, private or commercial
use? Private.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Cast -in -place concrete
boat ramp slab, timber of concrete
bulkhead sections, removal of timber
_bulkhead. Project to provide"boat
access for tenants of Holiday Village
Mobile Home Park.
revised 03195

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4.
LAND AND WATER
Septic tanks for each mobile home site.
CHARACTERISTICS
a.
Size of entire tract 84.02 ac
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b.
Size of individual lot(s) No single lots recorded.
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface
c.
Approximate elevation of tract above MHW or
runoff.
NWL 0 to 27.9' NCVD
d.
Soil type(s) and texture(s) of tract
o. Describe existing drinking water supply source.•
Siltv sand
Wells — community water system
e.
Vegetation on tract Grass, pine trees
f.
Man-made features now on tract Mobile home
park, 92 units, streets utilities timber
5. ADDITIONAL INFORMATION
bulkhead, manmade boat basin
g.
What is the CAMA Land Use Plan land
classification of the site? (Con:all the local land ,ue plan.)
In addition to the completed . application form, the
following items must be submitted:
Conservation Transitional
Developed Community
A copy of the deed (with state application only) or
Rural X Other
other instrument under which the applicant claims title
Limited Transitional
to the affected properties. If the applicant is not
h.
How is the tract zoned by local government?
claiming to be the owner of said property, then
B2
forward a copy of the dew or other instrument under
which the owner claims title, plus written permission
i.
Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? C Yes No
(Anach :onfng eamplianee eemf:=a , if opplicnbl,)
j. Has a professional archaeological assessment been
done for the tract? Yes X 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 x No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Artach dommentation, if available)
No impacts in project area.
An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by I white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.) :.
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army- Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or l'secondary road (SR)
numbers, landmarks, and the like.
A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name W. F. Parker
Address 565 Neptune Dr., Swansboro, NC 28584
Phone [phone]
Name Mr. Will Fowler
Address 3797 Hwy. 24, Newport, NC 28570
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.
GPC-16091 - Holiday Village - 4/16/96
GPC-14864 - Holiday Village - 1/12/96
176-84 (Major) - Holiday Village - 8/21/84
• 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.
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.
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 20-Aday of ro S 1921.
Print Name E
Signature
tandow r or Awhorized .agent
Please indicate attachments pertaining to your proposed
project.'
X DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
x DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03l95

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(Ml.w) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
EAsdug Project
Length Width Depth Depth
55
36
0.6
—2
P �✓F+:; �ti a
:coAt;�Y f
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 29.3 cy
b. Type of material to be excavated Silty sand
c. Does the area to be -excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. Highground excavation in cubic yards 154 cy
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Adjacent upland area
or haul away to offsite location.
b. Dimensions of disposal area
c. Do you claim title to disposal area?
X Yes— No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area A%V available for future
maintenance?bta Yes X No
If yes, where?
Revised 03/95

Form' DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 60 if ±
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Landward of existing MHW
e. Shoreline erosion during preceding 12 months
N/A
(Source ojinjormanon) -
f. Type of bulkhead or riprap material Timber of
concrete
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill
h. Type of fill material None.
i. Source of fill material
4. OTHER. FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
If yes,
(1) Amount of material to be placed in the
water Concrete ramp 11.4 cy
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) A3rpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fencing
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe
c. Will wetlands be cr,ssed in transporting equipment
to project site? __ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Jet or Project Na 1
Mignature
z150/'�x
Date
Revised 03/95

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community X Private
(2) Number 1
(3) Length 35'
(4) Width 6
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(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 1 - 1.5 ft. .
b. Boathouse (including covered lifts)
(1)
Commercial Private
(2)
Length
(3)
Width
c. Groin (e.g. wood, sheetpile, etc.)
(1)
Number
(2)
Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1)
Length
(2)
Average distance from MHW, NWL or
wetlands
(3)
Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) ' _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body -
Distance " buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _Private
(2) Number
(3) Length
(4) Width
g. Other (Give comptere description)
7—AV "e'-C Al" 5. e?Z/Z�
Applicaa't or Project Name r
Signature
0—A"
Date
E E3 2 5 1992

HOLIDAY VILLAGE BOAT RAMP PROJECT
APPLICATION FOR MAJOR CAMA PERMIT
NARRATIVE DESCRIPTION OF PROJECT
February 18, 1998
GENERAL PROJECT DESCRIPTION
The applicants wish to obtain Major CAMA Permit for construction of a concrete boat ramp and
access dock to serve the existing Holiday Village Mobile Home Park..
Agencies should be aware that it is the objective of the applicants to construct the proposed
improvements in such a manner as to minimize impacts to surrounding areas of environmental
concern.
Improvements proposed consists the following:
6`
• Concrete boat ramp Xfeet wide, 70 feet long with a 6 foot wide fixed timber dock between
the boat ramp sections. Boat ramp extends to - 2.0 feet from an existing top of bulkhead
elevation at the shoreline of +3.0 to 3,5 feet.
• Removal of approximately 36 linear feet of existing timber bulkhead and construction of
two 30 foot long tie -back section of bulkhead on either side of the boat ramp. Bulkhead will
be a low structure to be built of either timber or concrete.
CONSTRUCTION METHODS
Construction of boat ramp will require excavation for placement of the seaward end of the
ramp to -2.0 feet. Construction will be done with land based equipment. Excavated material
will be placed on adjacent upland area for dewatering and then hauled to an offsite location for
disposal. Contractor will be required to meet all erosion and sediment control requirements
and regulations. An area of no more than 0.40 acres of upland area will be disturbed by the
construction.
Adjacent wetland area will not be impacted by the construction of improvements.
CONSTRUCTION SCHEDULE
Construction of the proposed improvements will be completed within 60 days of approval of
the CAMA permit. I= tS v 5 ,c9`
COMPLIANCE WITH THE N. C. ENVIRONMENTAL POLICY ACT
Construction of the improvements is being done on waters that were created by excavation of
a boat basin. The project will be built entirely with private funds. No public funds will be
expended for the project.

EXISTING
BULKHEAD
A
CREEK FIXED TIMBER
TOM SINGLETON
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CARTERET COUNTY
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PLAN VIEW
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PROPOSED
NEW BULKHEAD
-EXISTING BULKHEAD
TOD BE REMOVED
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SITE
PLAN
CAMA PERMIT
APPLICATION
HOLIDAY
VILLAGE
BOAT
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2/18/98 1 JWF
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TYPICAL SECTION
2/18/98
JWF
1463 N. C. HWY. 24 EAST
NEWPORT, N. C. 28570
CAMA PERMIT APPLICATION
SCALE:
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SHEET:
4 OF 4
HOLIDAY VILLAGE
CARTERET COUNTY
BOAT RAMP
n �SMOUD ENGINEERING, P.A.
I51A HIGHWAY 24
HOREHEAD CITY, N.C. 26557
1819)247-7479

TOM SINGLETON
1463 N.C. HWY. 24 EAST
NEWPORT, N. C. 28570
CARTERET COUNTY
N-
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SITE LOCATION MAP
CAMA PERMIT APPLICATION
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DATE: BY:
2/18/98 JWF
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5TROUD ENGINEERING, P.A.
151A HIGHWAY 24
MOREHEAD CITY. N.C. 28557
[phone]

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DATE: 9Y:
TOM SINGLETON LOCATION MAP 2/18/98 JWF
1463 N.C. HWY., 24 EAST SCALE: SHEET:
NEWPORT, N. C. 28570 CAMA PERMIT APPLICATION HOLIDAY VILLAGE 1"= 2000' 1 OF 4
CARTERET COUNTY BOAT RAMP AASTROUD ENGMFPINO,ra
6 IOU HIGHWAY 24
MOREHEAD CITY, N.C. 28557
[phone]

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas Singleton
2. LOCATION OF PROJECT SITE: Adjacent to Sander's Creek off of Bogue Sound at 1463 Highway 24
in Carteret County. This is between Broad and Goose Creeks within the community of Ocean.
Photo Index - 1995: 39-480, grid F7,8 1989: 160-15, grid Q-8
State Plane Coordinates - X: 2609350 Y: 355200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -March 03, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: June 15, 1998
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Septic
Planned -None
(F) Type of Structures: Existing - Mobile Home Park, Bulkhead
Planned - Boat ramp, Pier
(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
(C) Other
Shallow Bottom Habitat
875 sf
High Ground
2652 sf
Open Water
60 sf
(D) Total Area Disturbed: 3587 sf
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to construct a boat ramp within an existing basin
area on the east prong of Sander's Creek. The project is intended to serve the adjacent mobile home park.

FIELD INVESTIGATION REPORT:
Thomas Singleton
PAGE #2
9. NARRATIVE DESCRIPTION:
The project site is an existing mobile home park adjacent to Sander's Creek off of Bogue Sound
in Carteret County. This 84 acre tract is located at 1463 Highway 24, between Broad and Goose
Creeks, within the community of Ocean. The property ranges from 0' to 28' mean sea level in
elevation, and is mostly cleared. The mobile homes on the site are serviced by a community well
system and individual septic tanks. The tract has been approved by Carteret County for the
installation of 85 mobile homes. The vacant portion of this tract has recently been cleared of
vegetation, and has been considerably ditched, with drain pipes installed.
The property is bordered by the east prong of Sander's Creek to the west, and Sander's Creek
proper to the south. The creek contains a significant amount of coastal marsh, predominantly
SQartina alterniflora and Juncus roemerianus with sparse T3Tha latifolia and Distichlis s in cats.
There is a visible shellfish resource within the east prong of Sander's Creek and Sander's Creek
proper, and beds of submerged aquatic vegetation within Sander's Creek and Bogue Sound. The
substrate within the project area is very silty. Approximately 350' north of the conflux of the east
and west prongs of the creek lies a basin area off of the east prong that has been stabilized with a
timber bulkhead wall. The bulkhead was accomplished under the CAMA General Permit
process in 1996. The basin was created prior to the onset of the CAMA, as it appears on the
1978 photography #27-1013. According to the applicant, this area was excavated post 1966 by a
man named Greenberg. No files exist to document this.
The Division of Marine Fisheries has designated Sander's Creek as a Primary Nursery Area.
The water classification within the east prong of the creek is SA, while Sander's Creek proper and
the adjoining Bogue Sound carry the additional designation of Outstanding Resource Waters.
The area was closed to the taking of shellfish for consumption in March of 1996, and remains
closed today. The Carteret County land use plan places this tract within the Limited Transition
classification, with all areas lying within CAMA Areas of Environmental Concern classified as
Conservation. There is 1' to 1.5' of tidal flux within the east prong of Sander's Creek.
This property has a long and complex history, beginning with the issuance of State Permit #176-
84 for the excavation of a high ground basin connected to the existing basin in the east prong by
way of a canal. The new basin was also to be connected to the AIWW within Bogue Sound by
way of access channel through Sander's Creek. There was other excavation requested within
Sander's Creek and denied. This permit included the authorization for a subdivision and a
marina system within the newly excavated high ground basin. There was a deed dispute at the
time, but all indications are that the ownership questions have been settled.
Permit #176-84 remained active through renewals until 1995. Upon submittal of the last renewal
request, the agencies opted for a new review of the total project, as many regulations had
changed. The applicant failed to complete submittal of all of the requested information, and the
permit expired. The only development accomplished under the permit before its expiration was
the excavation of the access channel from the AIWW to the mainland area of Sander's Creek.
The applicant no longer owns the tract to which this lends access, but retains a perpetual
easement across the high ground to the channel.

There has been no archaeological assessment performed on this tract.
The applicant is proposing to construct a boat ramp into the existing basin area in the east prong
of Sander's Creek. The body of water is approximately 170' across at this point. The proposal is
to place the ramp towards the northeast comer of the basin, in the area currently stabilized by
bulkhead. The most landward 12' of the structure is to be composed of stone, 36' wide,
approximately 45' from the current normal high water line. The next 15' is to be composed of
concrete, extending landward from a point approximately 30' from the normal high water mark.
The next 55' of the structure will be subject to tidal influx. The existing bulkhead will be
removed for a width of 36'. From this point, 30' landward and 25' waterward, a prefab concrete
ramp will be placed. There are approximately 154 cubic yards of high ground material to be
excavated and 29 cubic yards of shallow bottom area to be excavated for the placement of the
ramp. The spoil will be hauled to an upland area onsite. Approximately 11.4 cubic yards of
concrete fill will be required for ramp construction. With the proposed excavation for the
placement of the ramp, the applicant anticipates a finished water depth of -2' normal low water at
the end of the ramp. The application states that 10' beyond the end of the ramp, the water depth
is -1' to -1.5' normal low water. The sides of the ramp landward of the bulkhead will be
stabilized with additional timber or concrete bulkhead wall, 30' on either side. There is a dock
proposed extending down the middle of the ramp from the location of the existing bulkhead for a
length of 35' and a width of 6'. This structure extends 10' beyond the terminus of the ramp.
Current soundings within the basin area average from -1.9' nlw to -2.2' nlw. Soundings within
the east prong of Sander's Creek average-1.29', -17, and -1.4' nwl. Soundings within the next
1100' of Sander's Creek can be broken into six segments, and average -2', -2', -1.4% -1.6% -2' and -
1.82' within those segments.
The stated intended use of this proposal is to provide boating access to the residents of the
existing mobile home park. According to Carteret County records, there are approximately 85
mobile homes authorized for this development. The applicant has indicated to this division that
there are no plans for development on the vacant portion of the property. However, there is a
proposal currently with Carteret County for an additional 317 RV spaces on the recently cleared
and ditched portion of this property. The proposed RV spaces extend along the east prong of
Sander's Creek, around the existing basin where the ramp is proposed, and along Sander's Creek.
This development would be subject to authorization under the CAMA major permitting process.
There is no request for any such development under the current proposal.
10. ANTICIPATED IMPACTS:
The project as proposed will require the excavating and filling of approximately 875 square feet
of shallow bottom habitat and 2652 square feet of high ground, and will usurp 60 square feet of
public trust area. Turbidity impacts can be expected during construction. The indirect impacts to
be incurred from a proposal such as this can be greater than the direct impacts. The east prong of
Sander's Creek and Sander's Creek proper are extremely shallow habitats, with normal low water
soundings averaging -1.7'. The fine composition of the bottom in this area makes it particularly
susceptible to sediment resuspension into the water column. It can be expected that boat wake
will increase turbidity due to the proximity of the disturbance to the silty substrate. Additionally,
it can be anticipated that prop wash or "kicking" will occur in an area set aside for boat launching
that offers only shallow water. Turbidity increases can reduce sunlight penetration, reduce
available oxygen, encourage algae growth, smother benthic organisms, discourage SAV growth,
alter water temperatures, and impair overall water quality. The project as proposed will serve the

boating needs for 85 mobile home residents. It must be anticipated that the RV park proposed to
be located around the perimeter of this basin will also share in the boating access, making it
possible that the launching facilities addressed in this application will serve 402 units.
T. Barrett June 23,1998 Morehead City

J?ori-n. DC1Vx-IYii'-I
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1 . APPLICANT
White Oak Township
-
a.. Landowner:
Name_ Thomas M. Singleton
Address 1463 Hwy. 24
City_ Newport State N.C.
Zip .28570 Day Phone [phone]
[phone]
Fax [phone] (same as phone)
b. Authorized Agent:
J. W. Forman, Jr., P.E.
Name Stroud Engineering P.A.
Address 151-A Hwy. 24
City Morehead City State N.C.
Zip 28557 Day Phone [phone]
Fax [phone]
c. Project name (if any) Holiday Village
Boat Ramp
NOTE: Permit willbe issued in name of lado r(s)o and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Carteret
c. Street address or secondary road number
1463 Hwy. 24, Newport, N.C.
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) Bogue Sound
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.
Bulkhead relocation, boat ramp, fixed
timber piers.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.
c. Will the project be for public, private or commercial
use? Private.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Cast -in -place concrete
boat ramp slab, timber of concrete
bulkhead sections, removal of timber
bulkhead. Project to provide -boat
access for tenants of Holiday Village
Mobile Home Park.

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 84.02 ac
b. Size of individual lot(s) No single lots recorded
c. Approximate elevation of tract above MH or
NWL O.to 27.9' NCVD
d. Soil type(s) and texture(s) of tract
Silty sand
e. Vegetation.on tract Grass, pine trees
f. Man-made features now on tract Mobile home
park, 92 units, streets, utilities, timber
bulkhead, manmade boat basin
g. What. is the CAMA Land Use Plan land
classification of the site? (Consull the local Land use plan.)
m. Describe existing wastewater treatment facilities.
Septic tanks for each mobile home site.
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.) Surface
runoff.
o. Describe existing drinking water supply source.
Wells — community water system.
5. ADDITIONAL INFORMATION
Inaddition to the completed . application form, the
following items must be submitted:
Conservation Transitional
Developed Community A copy of the deed (with state application only) or
Rural. X Other other instrument under which the applicant claims title
Limited Transitional to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
B2 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? _X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X 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 X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, ifavailable)
No impacts in project area.
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 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-M1'-1
site. Include highway or 'secondary road (SR)
numbers, landmarks, and the like.
o A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name W. F. Parker
Address 565 Neptune Dr., Swansboro, NC 28584
Phone [phone]
Name Mr. Will Fowler
Address 3797 Hwy. 24, Newport, NC 28570
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.
GPC-16091 - Holiday Village - 4/10/96
GPC-14864 - Holiday Village - 1/12/96
176-84 (Major) - Holiday Village - 8/21/84
• 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.
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.
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 X Aday of (io 6, , 19 .
Print Name
/ r-
Signature
Laru er or Authorized Agau
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
X DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form- DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLw) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Depth Depth
55
36
0.6
—2
y
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 29.3 cy
b. Type of material to be excavated Silty sand
c. Does the area to be -excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. Highground excavation in cubic yards 154 cy
2. DISPOSAL, OF EXCAVATED
MATERIAL
a. Location of disposal area Adjacent upland area
or haul away to offsite location.
b. Dimensions of disposal area
c. Do you claim title to disposal area?
X Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal, area AV available for future
maintenance?f c Yes X No
If yes, where?
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes x No
f. Does the disposal include any area in the water?
Yes X No
.3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 60 if
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
Landward of existing MHW
e. Shoreline erosion during preceding 12 months
If yes,
(1) Amount of material to be placed in the
water Concrete ramp 11.4 cy
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fencing
(Source of information) -
f. Type of bulkhead or riprap material Timber of
concrete b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)?
water level Backhoe
(1) Riprap N/A
(2) Bulkhead backfill
c. Will wetlands be cr3ssed in transporting equipment
h. Type of fill material None. to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
L Source of fill material
4. OTHER. FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes x No
e
Appli t or Project Name
rt , -
Mgoature
ZA;a/9X
Date
Revised 03195

Form DCM-MP-4
STRUCTURES
(Construction within Public.Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community X{ Private
(2) Number 1
(3) Length 35'
(4) Width 6
(5) Finger Piers _ Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(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 1 — 1.5 ft.
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1)
Number
(2)
Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1)
Length
(2)
Average distance from MHW, NWL or
wetlands
(3)
Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance ' buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
App
�pppp
�t or Project Name
Signature
Date

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SCALE: SHEET:
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TOM SINGLETON
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1463 N.C. HWY. 24 EAST
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JWF
1463 N.C. HWY. 24 EAST
CAMA PERMIT
APPLICATION
SCALE:
SHEET:
NEWPORT, N. C. 28570
HOLIDAY VILLAGE
AS SHOWN
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CARTERET COUNTY
BOAT
RAMP
S STROUD ENGINEERING, P.A.
151A HIOHRAY 24
NOREHEAD CITY, N.C. 28557
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• SENDER: Complete items 1 and 2 when additional services are desire ... . '� and 4.
Put your address in the "RETURN TO" space on the reverse side. Failure
card from being returned to you. The return receipt fee will royide ou t.
delivered to and the date of deliver .For additional fees the ollowing servi
postmaster or Tees an c eck ox((as) for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ V: stricteG Deliv:
3. Article Addressed to: 4. Article Number
Type of Service:
L ��" / r ❑ Registered ❑ Insured
/ �� �D Certified ❑COD
Express Mail
Always obtain signature of addressee or
agent and DATE DELIVERED.
5. Signature — Addr e r 8. Addressee's Address (ONLY if
X requested and fee paid)
6. Signature — Agent
X
7. Date of Delivery t
�r�3�

UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address,and ZIPCode
in the space below.
• Complete items 1, 2, 3, and 4 on
the ravarse.
• Attach to front of article if space
pa its,
otherwise affix to `'ack of
article.
• Endorse article "Return Receipt
Requested" adjacent to number.
PH" VE
SEP 2 5 1998
a-
U.S�MAIL a
COASTAL MANAGEMENT
PEN LT% FOR PRIVATE
USE. $300
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO PERMITS COORDINATOR
DNRCD - COASTAL MANACEMEN'
E'er
RALEICK N. C. 27611

UNITED STATES POSTAL SERVICE I II I I I
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT USMAIL
OF POSTAGE, $300
Print your name, address and ZIP Code here
Stroud Engineering, P.A.
151 A Hwy. 24
Morehead City, N.C. 28557

o SENDER:
ifid
I also wish to receive the
yl • Complete items t and/or 2 for additional services.
tD • Complete items 3, and 4a & b.
following services (for an extra Y
• Print your name and address on the reverse of this form so that we can
fee):
return this card to you.
p • Attach this form to the front of the mailpiece, or on the back if space
dt
1. ❑ Addressee's Address y
does not permit.
• Write"Return Receipt Requested" an the mailpiece below the article number.
C
2 ❑ Restricted Delivery O
• The Return Receipt will show to whom the article was delivered and the date
Consult for fee.
e delivered.
postmaster
Coe
3. Article Addressed to:
4a. Article Number
m 'Mr. W. F. Parker
P 130 925 048 g
5 565 Neptune Drive
41b. service Type
o Swansboro, N.C. 28584
❑ Registered El Insured e
[�❑ COD
pal 6. Signature (Agent)
7
> PS Form 11, Dec
Certe
❑ Express Mail ❑Return Receipt for OZ
Merchandise `a
7. Date of Dg�ivery � O�
a
B. Addressee's Address (Only if requested y
and fee is paid) c
a
1991 cu.s.cPo:1ee3—M-714 DOMESTIC RETURN

UNITED STATES POSTAL SERVICE
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
Print your name, address and ZIP Code here
Stroud Engineering, P.A.
151 A Hwy. 24
Morehead City, N.C. 28557

SENDER:
i • Complete items 1 andlor 2 for additional services. I a150 WISh t0 ISCe1VB the
i 0
a Complete items 3, and 4a a b. following services (for an extra �
s Print your name and address on the reverse of this form so that we can feel:
P return this card to you. p
P • Attach this form to the front of the mailpiece, or on the back if space 1. ElAddressee's Address y
does not permit. «�
1 • write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery
• The Return Receipt will show to whom the article was delivered and the date O
5 delivered. Consult postmaster for fee. R
n 3.. Article Addressed to: 4a. Article Number
Mr. William Fowler P 130 925 049 g
?
3797 Highway 24
4b. Service Type
5
Newport, N.C. 28570
❑ Registered ❑ Insured e
® Certified ❑ COD a
u
El Express Mail ❑Return Receipt for
Merchandise
7. Dat of slivery �f
]
5.
ignature (Addressee)
8. Addr ssee's Addre s (Only if requested
]
and as is paid) a
F
= 6. Signature (Agent)
> PS Form 3811, December 1991 *U.S.GPO: les3-asatts DOMESTIC RETURN RECEIPT

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 22, 1998
Certified Mail
Return Receipt Requested
Mr. Thomas M. Singleton
1463 Hwy. 24
Newport, NC 28570
Dear Sir:
This letter is in response to your application for permits under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to construct a boat launching ramp
at Holiday Village Mobile Home Park. The project site is Sanders Creek, east prong, off of
Bogue Sound and Highway 24, in Carteret County. Processing of the application, which was
received on June 15, 1998 and for which notice of extended review was provided on September
3, is now complete.
Based on a coordinated state agency review, the Division of Coastal Management has
made the following findings:
1) Sanders Creek, according to the Division of Marine Fisheries, functions as a
Primary Nursery Area (PNA). Even though it is not designated as a PNA,
Sanders Creek, as indicated by Division of Marine Fisheries sampling, pro-
vides nursery area for commercially and recreationally important species
such as spot, croaker, menhaden, brown shrimp and white shrimp. Because
of this sampling data and the findings covered in items 2-5, below, the Div.
of Marine Fisheries formally objected to permit issuance. The Wildlife
Resources Commission expressed concern over potential impacts described
below;
2) Water depth in Sanders Creek, especially at mid -tide to low tide, is marginal
to inadequate, approximately 2 feet or less, for commercial boat ramp use
which would likely include all sizes of trailered boats as well as jet skis. Upon
build out of the trailer park, dozens of launches per day is likely. Turbidity
levels in the Creek, as well as resource impact from prop wash and actual
bottom kicking, will have an adverse impact on this Bogue Sound tributary;
3) Bottom sediments at the site are very fine and easily resuspended into the water
column. There is a high probability of constant violations of State turbidity
standards from suspensions of bottom sediments by boat traffic in these shallow
waters;
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50%RECYCLED/1090' POST -CONSUMER PAPER

Mr. Thomas M. Singleton
Page 2
September 22, 1998
4) Sanders Creek, nearer the Sound, is classified as Outstanding Resources
Waters (ORW) by the Environmental Management Commission. Turbidity
caused by suspended silty sediments will be flushed by the tide, causing
a reduction in light penetration needed for submerged aquatic vegetation
in the mouth of the Creek, and reduce overall water quality of this ORW;
5) A relatively high boat traffic pattern in Sanders Creek narrows will most
certainly impact adjacent marshes due to erosion from boat wake. Boat
operators will likely cause more wake as the boat is accelerated to a planing
position to navigate the shallow water;
6) In a July 31, 1998 letter to you from the Division of Water Quality, that
Agency .... "identified significant use which would be removed or de-
graded by the project". Inapparent response to your agent's response of
August 13, the DWQ issued a hold letter on September 11. The very
fact that the required Section 401 Water Quality Certification has not been
issued prevents this office from taking a favorable action;
7) The Division of Coastal Management has determined the project proposal
inconsistent with the partial listing of the Rules of the Coastal Resources
Commission: a nt-Objective-for-estua=
rine waters which is to conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological social
aesthetic and economic values .... ; b) 07H.0208(a)(2)(B) requires the
Division to find, before issuing a permit, that the applicant has selected a
combination of sites and designs that will have a minimum adverse impact
upon the productivity and biologic integrity of coastal marshlands,
submerged aquatic vegetation and spawning and nursery areas; c)07H,
0208(a)(2)(E) requires that development not measurably increase
siltation; and d) 07H.0208(a)(5) states that in Outstanding Resources
Waters, development activities not covered by specific use standards, no
permit shall be issued if the activity would, based on site specific infor-
mation materially degrade water quality or outstanding resources values ... .
Based on the foregoing finding, it is necessary that your application for permits under the
CAMA be denied under N.C.G.S. 113A-120(a)(8) which requires permit denial of the application
for a permit in any case the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern; and N.C.G.S. 113-229(e)(5) which provides for pen -nit denial upon finding
that the proposed project will have an adverse impact on estuarine fisheries.

Mr. Thomas M. Singleton
Page 3
September 22, 1998
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 20 days from the
receipt of this letter. 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.
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,
/7���
Donna D. Moffitt
DDM/aw
cc: Mr. Jeffrey Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington, NC

Division of Coastal Management ��
Application Processing Notes
Applicant:
Deadline: g,a_T q 'k 1 kTi) )q 1l
Date/Time: Message:
`^ 4