DEnied 05-03

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bobby L. Norton
2. LOCATION OF PROJECT SITE: Near the end of NCSR 1123, in the Lockwoods Folly River,
near Varnamtown, Brunswick County
Photo Index - 2000: 7-61, N17 1995: 7-58, Q21 1989: 190-10, H5
State Plane Coordinates - X: 2235400 Y: 72600 GPS -
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/15/05
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 07/26/05
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan- Brunswick County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT, CW
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- None
Planned- None
(F) Type of Structures: Existing- Fishing camp/shack, pier, dock
Planned- Replace fishing/camp shack, pier, dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal) 280 sq. ft.
(incorporated)
(B) Non-Vegetated Wetlands (Open Water) 144 sq. ft.
(incorporated)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 424 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to replace a pre-existing fishing camp/shack and
associated pier and dock.

l
Mr. Bobby L. Norton
September 19, 2005
Page 2
9. PROJECT DESCRIPTION
The project site is located near the end of NCSR 1123, Adjacent to Varnamtown, within the waters of
the Lockwoods Folly River, in Brunswick County. To find the project site from the intersection of
NC Highway 211 and NC Highway 17, travel east on NC Highway 211 and take the first right onto
Stone Chimney Road (NCSR 1115) and travel approximately 5.4 miles. Turn left to stay on Stone
Shimney Road and travel approximately 0.5 miles. Turn left onto Varnamtown Road (NCSR 1122)
and travel approximately one mile to Fisherman Road (NCSR 1123). Follow Fisherman Road to the
end. The project site is located across the Lockwoods Folly River Channel (west side), just to the
north of the road end.
The project site is located on a 100' X 100' parcel of land (Brunswick County Parcel No. 21700101)
that consists primarily of regularly flooded Smooth Cordgrass Marsh (Spartina alterniflora) along the
river's edge in a band approximately 20-30 feet in width, transitioning to primarily Black Needlerush
(Juncus Roemerianus) along the northeast side of the parcel. The applicant states that the property
was purchased from Mr. Malcolm "Mac", and Francis Galloway over forty years ago. He also states
that efforts to locate descriptive title documentation beyond a Property Datasheet, and Brunswick
County map records of Parcel No. 21700101 were unsuccessful. The applicant also contacted Mr.
Brian Cheshire with the NC Attorney Generals Office to research possible submerged lands claims for
the property. It is my understanding that no submerged land claim information was located and that
the property remains in State ownership. The Lockwoods Folly River, at this location is
approximately 200 feet wide with a 100' wide Federal Navigation Channel.
Existing structures on the property consist of debris and the remnants of pilings associated with a the
remnants of a pre-existing fish camp/shack and dock structure (see attached photos taken on
September 15, 2005). The Brunswick County Tax Office Datasheet lists the structure size as 528 sq.
ft. with a heated area of 384 sq. ft. It describes the structure as a one bedroom, one story structure
with oil, wood or coal heat, with plywood panel and sheetrock walls. The applicant states that he
structure was probably built in the 1950's. The structure was purchased by Bobby Norton in the
early 1960's and was habitable up until the mid 1990's. The structure was for the most part non-
existent by 2002. This was confirmed through conversations with Janet Russell who was the Coastal
Management Field Representative for the area in 2002. The applicant also states that the structure
was never used as a residence but was primarily used for the storage of fishing gear.
The waters of the Lockwoods Folly River area classified "SA" by the North Carolina Division of
Water Quality. The area is designated as a Primary Nursery Area by the North Carolina Division of
Marine Fisheries and is Closed to the harvesting of shellfish.

Mr. Bobby L. Norton
September 19, 2005
Page 3
PROPOSED PROJECT
The applicant proposes to replace the pre-existing fishing camp/shack and dock structure. The
proposed structure would measure 14' in width by approximately 16' in depth. The structure would
be located near the center of the parcel, on the river (southwest) side. The structure would have a 4'
wide roof covered "stoop" on the southwest side. The structure would be constructed on 6'X6'
pilings imbedded to a depth of 8' below the substrate. The structure (lowest horizontal member)
would be elevated approximately 8' above MLW and approximately 4.5 feet above MHW and the
marsh substrate. The applicant states that the wall and roof sections would be pre-constructed off site
and transported to the site for final assembly. The structure would have a finished enclosed floor area
of 224 sq. ft. The applicant states that the structure would be used for storing commercial and
recreational fishing equipment and supplies.
The applicant is also proposing the construction of an elevated pier and dock which would extend
from the aforementioned covered porch. The pier would be 4 feet in width by approximately 24 feet
in length. On the waterward end of the pier the applicant is proposing a 4 feet wide by 12 feet long
dock. The structure would terminate approximately 35 feet from the near bottom edge of the Federal
Channel. Water depths at the waterward end of the dock would be approximately -15 inches at
MLW.
10. ANTICIPATED IMPACTS
The proposed fishing camp/shack and dock would incorporate approximately 424 sq. ft. of Estuarine
Waters and Public Trust Area and would result in the shading of approximately 280 sq. ft. of Coastal
Wetlands vegetated with Spartina alterniflora.
Submitted by: Jim Gregson Date: 09/19/05 Office: Wilmington

APMEMBEMMMMWIA f
Recommendations for State Permit—Bobby L. Norton pGdUd 0�� f
15A NCAC 07H.0208 states that:
(a)General Use Standards „
(1)Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public
trust areas.Restaurants, residences, apartments,motels,hotels,trailer parks,private roads, factories, and
parking lots are examples of uses that are not water dependent.Uses that are water dependent may include:
utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments,
bulkheads; culverts; groins;navigational aids; mooring pilings;navigational channels; simple access
channels and drainage ditches.
The applicant proposed fishing camp/shack is not considered a water dependent structure.
15A NCAC 07J.0211 states that:
A non-conforming structure is any structure within an AEC other than Ocean Hazard and Inlet Hazard AECs that is
inconsistent with current CRC rules, and,was built prior to the effective date(s)of the rule(s)with which it is inconsistent.
Replacement of such structures shall be allowed when all of the following criteria are met:
(1)the structure will not be enlarged beyond its original dimensions;
(2)the structure will serve the same or similar use;
(3)there are no practical alternatives for replacing the structure to provide the same or similar benefits in
compliance with current rules; and
(4)the structure will be rebuilt so as to comply with current rules to the maximum extent possible.
Based on conversations with the applicant,the proposed structure was habitable only up until the mid 1990's and was for
the most part completely gone by 2002. Although 7J. 0211 does not specify a time period for allowing structures to be
replaced after destruction or deterioration, it'�felt, however,that if approximately 10 years have elapsed since the structure
was habitable and approximately 3 years have elapsed since there was a structure on the parcel that 7J .0211 should no
longer apply. It is also our opinion that there are practical alternatives for the storage of fishing equipment in areas that
are not Coastal Wetlands, Estuarine Waters or Public Trust Areas. For these reasons it is recommended that the project be
denied.
r

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. Ci , town, community or landmark
1. APPLICANT
�A Rnf A M isri 1,1
0�
c. Street address or secondary road number
a. Landow kj,lb of 5R ii'23 ���3-RaNs. Cc. AW .2 7
��ner:
Name A-g d. Is proposed work within city limits or planning
jurisdiction? Yes ✓ No
Address �4G I Lg-et4AfD RD: SLJ e. Name of body of water nearest project (e.g. river,
City SLip�Lq State N creek, sound, bay) LoLw;.;co;D FctL4 iZtYs=2
Zip a 24L- �- Day Phone
Fax (4%1 c)K2-3.7c 1 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent: !
Name M t L w,4a A - �c p,TC N a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead,pier, and
('1b711-Lor D�zryt excavation and/or filling activities.
Address 1y11D 'RP-Fat8ist, F15 A-cA-rn?k4 -cK ', P E_PLl4cE_
City &EAA 1:51L6- 3eACq State AC
Zip ���(G`1 Day Phone�9�0) 7� b. Is the proposed activity maintenance of an existing
project, new work, or both? IgEW
Fax
c. Will the project be for public,private or commercial
use? ►dA;t
c. Project name (if any) L6is1CG D �U Ll y
S 1!ZllC T1 t 2F I�Fiv'O Yt� t n,� d. Give a brief description of purpose,use, methods of
construction and daily operations of proposed
NOTE. Per7rdi will be issued in name of landowner(s), andlor project. If more space is needed, please attach
project name. additional pages.
L"t St= AITLC9tV
2. LOCATION OF PROPOSED
PROJECT
a. CountyRunsSLuIL�C
Revised 03/95

1
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERXRSSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application wilt allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name S-r1,,-rr cF 01+9c, -�A I certify that I am authorized to grant, and do in fact,
Address 1"=_l MtVIL 5c�ROCF7 CJ:--ra-TEP_ LZcI� ANC grant permission to representatives of state and federal
Phone (� 35 Ire ' review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address project.
Phone
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
a2cc_5'
This is the I 74�day of f , 49
a A list of previous state or federal permits issued for tt
work on the project tract. Include permit numbers, Print Name Bc i3 Qq L• �10 i e�✓
permittee, and issuing dates.
/A Signature
Landowner r nzed Agent
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the _ DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
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.
Rerised 03/95

t
Form DCM-M2-1 APPLICATION
3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT
L '
n
d. Give a brief description of purpose, use,methods of construction and daily operations
of proposed project.
The project purpose is to refurbish a family fish camp/shack structure for returned use as
a facility for storing commercial and recreational fishing equipment and supplies.
Replacement piles are to be jetted or driven using floating barge equipment. All floor,
wall, and roof sections will be pre-constructed off site, and transported to site for final
assembly only as able. Minimal on-site framing will be required in connecting members.
Mats will be used during all on-site construction to minimize impact to soils/vegetation.
Tasks will be completed in a timely manner to lessen duration of traffic on existing
surfaces. Although the facility was expanded when purchased, as can be seen from the
enclosed artist rendition painting copy and Property Datasheet, it is the property owner's
desire simply to restore the structure to its original size, even less than that recorded for
the structure on the Property Datasheet.
SITE HISTORY &NARRATIVE
Over forty years ago, Lacy Monroe Norton (father of current listed property owners
Bobby L. Norton and Joseph L. Norton), purchased the subject facility from Mr.
Malcolm "Mac", and Francis Galloway. Immediately following this purchase he
traveled to Brunswick County Government Center to properly record the property.*
During the 1980's and 1990's deterioration of the existing structure became progressively
noticeable. Mrs. Lena M. Norton (wife of then late Lacy M. Norton) and her sons were
unable at that time to afford repairs. It was only into the mid-to-late 1990's that it
appeared possible to investigate repair options. By this time numerous hurricanes and
storms had taken their toll on the structure. Mrs. Lena Norton was assured by family,
prior to her passing, that all efforts would be made to restore the fish camp she had
enjoyed.
Michael A. Norton (son of Bobby L Norton)began assisting with this investigation. First
contact was made with Ms. Janet Russell, of NCDENR's Wilmington NC office to
receive input on how to proceed. Meetings proceeded with County inspections officials
as well as on-site with Ms. Russell. By this time the structure was in need of greater than
50% repair, and it seemed there were no options for proceeding. Further investigations
provided hope there was still a way to receive proper approval for desired repairs.
As information and documentation were gathered, Ms. Caroline Bellis assumed the role
Ms. Russell held for the area. Additional site visits were scheduled to allow Ms. Bellis to
gain an understanding of the proposed project. Following Hurricane Isabel in 2003, the
remaining walls of the structure gave in, and all that remained came to rest on the floor
1

members. After a meeting with NCDENR personnel in the Wilmington Regional Office
plans were made to proceed with efforts to restore the Lockwood Folly shack per
directions given, through the CAMA Major Permit Application process.
It is fully understood that use of any such structure as a habitable facility is no longer
possible, and that no water or wastewater facilities are permissible. A meeting with the
County Inspector provided viable options for permitted use of the structure should it be
restored. The family of Lacy M. and Lena M. Norton has long been accustomed to
commercial and recreational boating and fishing in the Lockwood Folly River and
surrounding area. It is desired to use this facility as a means for storage of equipment and
supplies for use in these activities, as well as to have the structure in place as it was when
purchased by the family over forty years ago.
*Efforts to locate descriptive title documentation beyond a Property Datasheet, and
Brunswick County map records of Parcel 21700101 were unsuccessful. A meeting and
file search with the County Register of Deeds, in February 2005 provided no additional
documentation. The Register of Deeds indicated it was not uncommon for information of
that time not to be recorded as accurately as today. Mr. Brian Cheshire,Attorney
Generals Office Representative in NCDENR's Wilmington location, was asked to assist
in document searches as well. He was able to locate the same information provided as
attachments to this application for your review.
The enclosed orthophoto map of Brunswick County,NC provides an overhead view of
the structure as it existed in 1989. Enclosed Brunswick County Map No. 217 displays the
parcel as mapped on record. The Norton family has submitted all tax payments in
accordance with billings on this property since it was purchased.
Prior to proceeding with the Major CAMA Permit Application process, it was felt the
Minor Permit Process would suffice in this situation. During this time the State of NC
was notified, as an adjacent property owner, of the intended project. The State Property's
Office responded with their support to proceed.
2

Form DCM-MP4
STRUCTURES
✓n
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys /Jf A
Permit, Form DCM-MP-1. Be sure to complete all (1) _Commercial _Community_Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community✓Private
(2) Number 1
(3) Length 1A FT (4) Width of water body
(4) Width N Ff (5) Distance buoy(s) to be placed beyond
(5) Finger Piers ✓ Yes No shoreline
(i) Number I
(ii) Length -04 Fl f. Mooring structure (boatlift, mooring pilings, etc.) A44
(iii) Width 4 Ff (1) _ Commercial _Community_Private
(6) Platform(s) Yes ✓ No (2) Number
(i) Number (3) Length
(h) Length (4) Width
(iii) Width
(7) Number of slips proposed AIIA g. Other (Give coMlere description)
(8) Proximity of structure to adjacent riparian
property lines ^11
(9) Width of water body moo Fi
(10) Water depth at waterward end of pier at
MLW or NWL f FT — S t n[ 0-fi It
b. Boathouse (including covered lifts) Nji}
(1) Commercial Private ,r /
(2) Length MK, Py,68� L /YDh'7DN
(3) Width Appli t or Project Nawe
c. Groin (e.g. wood, sheetpile, etc.) �/� ignature
(1) Number /
(2) Length(s) L o —
Date
d. Breakwater (e.g. wood, sheetpile, etc.) 4/1.
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03/95

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT Bobby L.Norton County: Brunswick
LOCATION OF PROJECT: Near the end of NCSR 1123, in the Lockwoods Folly River, near Varnamtown,
Brunswick County.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07-26-05
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Jim Gregson DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW: Zy/ !:�Q S
B) DATE APPLICATION RECEIVED IN RALEIGH:ay�oS FEE REC'D:$ 2sc) °Q
PUBLIC NOTICE REC'D: 09/29/05 END OF NOTICE DATE: /0//9/05
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE: 0 16V05 150 DAY DEADLINE: IZ/2 3 105
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETUMNED YES NO
Coastal Management-Regional Representative TI C
<10
Coastal Management-LUP Consistency 16• O
Division of Community Assistance -y3-0
Land Quality Section -o r V
Division of Water Quality
Storm Water Management(DWQ)
State Property Office '?'3a'C>� 0 a C"
Division of Archives&History )6.11. O S
Division of Environmental Health I C— 11-0 5'
Division of Highways CI '30
Wildlife Resources Commission 03
Division.of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF)
V°

Permit#
DCM Coordinator: Rote l,l
MAILING1((DISTRIBUTION:
Permitee:
--%
Agent:
DCM Field Offices:
Elizabeth Ci
orehead
as i ton
ilmin to
US Army orps of Engineers(USACE):.
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland.
Wilmington: Da ' 'mpy CDO
e Wicke
Others:
Cultural Resources:
Environmental Health:
Marine Fisheries:
NCDOT:
Shellfish Sanitation: ow e
State Property Office: In e _
Water Quality: a.oly(for non-DOT
John Hennessy(NCDOT)
Water Resources: John Sutherland
Wildlife Resources: Maria Tripp
David Cox(N -
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

*AL
OCT - 3 2006
State of North Carolina R►1 j (I citypCM
...ent E ry i
ROY COOPER Department Of Justice 9001 Mail Service Center
900 I Mail Service Center Raleigh,NC 27699-9001
ATTORNEY GENERAL Tel: [phone]
RALEIGH,NORTH CAROLINA Fax:[phone]
27699-9W I
October 2,2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael A.Norton,Agent
2401 Leonard Road, SW
Supply,North Carolina 28462
Re: Variance Request for Coastal Area Management Act(CAMA)Permit,
CRC-VR-06-21
Dear Mr.Norton:
At its September 21, 2006 meeting,the Coastal Resources Commission denied your variance
request. Attached is a copy of the order,signed by the Chairman of the Coastal Resources Commission.
You have the right to appeal the Coastal Resources Commission's decision by filing a petition
for judicial review in the superior court of the county in which the property is located within thirty days
after receiving the order. A copy of the judicial review petition must be served on the Coastal Resources
Commission's agent for service of process at the following address:
Mary Penny Thompson, General Counsel
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of the
petition for judicial review on me at the above address. If you have any questions,please feel free to
contact me.
Sincerely,
B. Hickey
54le'A Special Deputy Attorn General
cc: Meredith Jo Alcoke
Stephanie Bodine, DCM Morehead City
Courtney Hackney, Chairman of CRC

STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF BRUNSWICK CRC-VR-06-21
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL ORDER
BY BOBBY L. NORTON )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission(hereinafter CRC)on September 21,
2006,in Wilmington,North Carolina pursuant to N.C.G.S. § 113A-120.1 and 15A NCAC 7J.0700,
et seq. Assistant Attorney General Meredith Jo Alcoke appeared for the Department of
Environment and Natural Resources, Division of Coastal Management; Michael Norton appeared
on behalf of his father, the Petitioner.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. Petitioner is Bobby L. Norton. Mr.Norton's son,Michael Norton is acting agent.
2. Petitioner has a commercial fishing license and in the past made his living primarily as a
commercial fisherman.
3. Petitioner applied for a CAMA major permit in order to rebuild a family fish camp/shack
over the marsh.
4. The subject property is located in the salt marsh near Varnamtown, Brunswick County.
Traveling northeast, Fisherman Road (N.C. State Road 1123) terminates at the Lockwood
Folly River. From this location by the fish houses and commercial docks of Varnamtown,
the property is located just across the river. It is accessible only by boat.

5. The parcel is 100 feet by 100 feet, bordered on the southwest side by the Lockwood Folly
River(Parcel number 21700101)
6. The parcel consists primarily of regularly flooded Smooth Cordgrass marsh (Spartina
alterniflora) along the river's edge in a band approximately 20-30 feet wide, transitioning
to primarily Black Needlerush(Juncus roemerianus) along the northeast side of the parcel.
7. The proposed development is within the Public Trust Area, Estuarine Waters and Coastal
Wetland Areas of Environmental Concern (AECs).
8. The waters of the river at this location area classified as SA Waters by the N.C.
Environmental Management Commission and are closed to the harvest of shellfish. The area
is classified as a Primary Nursery Area(PNA)by the N.C. Marine Fisheries Commission.
9. The Lockwood Folly River at this location is approximately 200 feet wide with a 100-foot
wide federal navigation channel.
10. The original fish camp structure was built around 1950 and purchased by Mr. Lacy M.
Norton from Mr. Malcolm (Mac) Galloway in 1962. After Lacy M. Norton died, the
structure was passed down to his son, Bobby L. Norton(Petitioner). Michael A. Norton is
the son of Petitioner Bobby Norton and is acting as agent for his father. The Norton family
has paid property taxes on the parcel since its purchase, most recently paying taxes in the
amount of$350.00.
11. For a general idea of what the original structure looked like around 1990, see "artist's
rendition," Sheet 3 of 5 in Petitioner's permit application, attached to the variance request
materials, Attachment D.
12. The Brunswick County Tax Office Datasheet lists the structure as 528 square feet with a
2

heated floor area of 384 square feet. It describes the structure as a one bedroom,one- story
structure with oil, wood, or coal heat, with plywood panels and sheet rock walls.
13. Currently,there is at least one other structure in the marsh nearby. It was also built around
1950 and has been kept up and repaired over the years. A review of aerial photography
shows that historically, there were additional structures in the marsh near this area.
Petitioner's former structure appears to be one of the smallest.
14. The hurricanes of the late 1990's caused significant damage to the structure. Petitioner began
investigating the necessary authorizations to restore the fish camp, and met with a DCM
Field Representative on the site in 2002. At that time, there was little left of the structure
besides portions of some walls and roof shingles lying in the marsh.
15. Petitioner met again on the site in 2003 with a second DCM Field Representative. Petitioner
sent notification of his proposed development the adjacent riparian property owner,the North
Carolina State Property Office, who responded by stating that they had no objection.
Petitioner applied for a CAMA minor permit in 2004. Upon submission of the minor permit
application, Petitioner was advised that a CAMA major permit would be needed in this
situation.
16. Petitioner applied on July 26,2005, for a CAMA major permit to replace the fish camp and
associated pier and dock. The applicant's stated purpose of the structure is for storage of
commercial and recreational fishing equipment and supplies.
17. The applicant's desired use for the structure is for it to be as similar to historical use as
possible with the understanding that new environmental regulations will restrict certain
activities. A local building permit issued by Brunswick County will be required prior to any
3

construction activity.
18. The adjacent property owner is the State Property Office. The State Property Office stated
that it has no objections to the project as long as the applicant complies with CAMA
requirements regarding new structures over state-owned bodies of water.
19. Including roof overhang,the total footprint of the structure would be 15'by 21',or 315 square
feet, smaller than its original size according to the tax records. The proposed dimensions of
the one-room structure are 16' by 14' with a 4' wide covered stoop on the side facing the
river, with a finished enclosed floor area of 224 square feet.
20. The structure (lowest horizontal member) would'be elevated approximately 8 feet above
mean low water and approximately 4.5 feet above mean high water and the marsh substrate.
Much of the structure would be pre-constructed off site and transported to the site. The
structure would be constructed on 6' by 6' pilings imbedded to a depth of 8' below the
substrate.
21. All of the proposed structure would be located waterward of the normal high water line.
22. The structure would result in the shading of approximately 280 square feet of coastal
wetlands. The former structure shaded at least this amount of coastal wetlands since
approximately 1950.
23. A proposed 4'by 24'pier would extend from the porch of the structure toward the river,with
a 4'by 12' dock at the end. At the time of permit application,the water depth at the end of
the pier was approximately 15 inches at mean low water.
24. The pier and dock would incorporate approximately 144 square feet of open estuarine waters
and public trust areas. This is very similar to the amount of impacts associated with the pier
4

formerly at the site.
25. The N.C.Division of Marine Fisheries stated that it had no objection to the proposed project
as long as the dock at the end of the pier was not a floating dock. It is proposed to be fixed,
not floating.
26. The CRC's rule regarding replacement of structures in 15A NCAC 7J .0210 provides in
pertinent part:
Replacement of existing structures damaged or destroyed by natural elements,
fire or normal deterioration is considered development and will require
CAMA permits. The proposed work will be considered replacement if the
cost of the proposed work exceeds 50 percent of the physical value of the
structure at the time of damage. . . .
27. In this case, the proposed work clearly exceeds the 50% threshold and therefore requires a
CAMA permit.
28. The proposed development is inconsistent with the CRC's current rules for development
within the Public Trust Area,Estuarine Waters and Coastal Wetland Areas of Environmental
Concern(AECs). Only water dependent structures are allowed in these AECs. 15A NCAC
7H .0208(a)(1).
29. Rule 15A NCAC 7H .0208(a)(1) provides: "Restaurants, residences, apartments, motels,
hotels,trailer parks,private roads,factories,and parking lots are examples of uses that are not
water dependent.Uses that are water dependent may include:utility easements;docks;wharfs;
boat ramps;dredging;bridges and bridge approaches;revetments,bulkheads;culverts;groins;
navigational aids; mooring pilings; navigational channels; simple access channels and
drainage ditches." The proposed fish camp/shack is not a water-dependent structure.
30. The Commission's "non-conforming rule" allows replacement of structures that are
5

inconsistent with current rules under certain conditions. The non-conforming rule in 15A
NCAC 7J .0211 provides as follows:
A non-conforming structure is any structure within an AEC other than Ocean
Hazard and Inlet Hazard AECs that is inconsistent with current CRC rules,
and, was built prior to the effective date(s) of the rule(s) with which it is
inconsistent. Replacement of such structures shall be allowed when all of the
following criteria are met:
(1) the structure will not be enlarged beyond its original dimensions;
(2) the structure will serve the same or similar use;
(3)there are no practical alternatives for replacing the structure to provide the
same or similar benefits in compliance with current rules; and
(4) the structure will be rebuilt so as to comply with current rules to the
maximum extent possible.
31. The rule cited above does not specify a time period for allowing a structure to be replaced
after destruction or deterioration. However,DCM determined that since ten years had passed
since the structure was habitable, the rule allowing replacement is no longer applicable.
32. The Division of Environmental Health objected to the project on the basis that there is no
sanitary sewer collection system for the proposed structure. The Division of Coastal
Management objected to the project due to the impacts to coastal wetlands,estuarine waters,
and public trust areas. On the federal level,the U.S.Fish and Wildlife Service(USFWS),one
of the federal review agencies that provides comments to the U.S.Army Corps of Engineers,
submitted adverse comments. The USFWS recommended that the Corps not issue a permit
for the project primarily due to the impacts to coastal wetlands.
33. By letter dated December 9, 2005, DCM denied the permit application.
34. Petitioner applied for a variance on May 16,2006,seeking relief from 15A NCAC 711 .0208
and 15A NCAC 7J .0211.
6

35. If the CRC grants this variance, Petitioner would still have to obtain authorizations for the
project, including a Section 10 permit under the Rivers and Harbors Act and local building
permits.
36. If the CRC grants Petitioner a variance,Petitioner states that he is willing to accept any permit
conditions that would limit the use of the structure to ensure no adverse environmental or
health impacts, such as prohibitions on water, sewer, electricity or discharges of any kind.
Petitioner would also accept permit conditions that would prevent the future sale of the
property to ensure that the family remains fully responsible for compliance with any
restrictions.
CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. The Petitioner has not demonstrated that strict application of Rule 15A NCAC 7H
.0208(a)(1)and 15A NCAC 7J .0211 to his permit application will result in unnecessary hardship.
The structure has not been habitable for at least 10 years, and aerial photography and site visits have
confirmed that the structure has essentially been non-existent since the early 2000's.
Because the property consists entirely of coastal wetlands and the area of proposed
development is below the normal high water line,construction of a structure is not a reasonable use
of this property. Reasonable use of this type of property includes only water-dependent uses that are
compatible with the setting. Water dependent uses are those that require water access and cannot
function elsewhere. 15A NCAC 7H .0205(d). The CRC's rules list types of acceptable uses in the
Coastal Wetland AEC: "Examples of acceptable land uses may include utility easements, fishing
7

piers, docks, and agricultural uses, such as farming and forestry drainage . . . ." 15A NCAC 7H
.0205(d). In this case, Petitioner could potentially make use of the property by constructing a pier
and/or a simple duck blind.
The CRC's rules also list types of uses are not appropriate in this AEC: "Unacceptable land
uses may include, but would not be limited to, the following examples: restaurants and businesses;
residences,apartments,motels,hotels,and trailer parks;parking lots and private roads and highways;
and factories." Id. Although the proposed structure is not a residence,it is very similar to a residence
because it includes a roof, finished walls, a porch, and windows. A residence or similar structure is
not an acceptable use in this AEC according to the CRC's rules, nor is it a"reasonable use" of the
property in general. Further, any hardship suffered by Petitioner is a necessary one because of the
importance of maintaining the integrity and function of the marsh. Conservation of existing coastal
wetlands is given the highest priority by the CRC's rules, as discussed below.
4. The Petitioner has not demonstrated that his hardship results from conditions peculiar
to Petitioner's property such as the location,size,or topography of the property. The entire property
is intertidal marsh that is very typical in location, size and topography to other areas of intertidal
marsh.
5. The Petitioner has not demonstrated that his hardship does not result from actions
he has taken. Although the alleged hardship results in part due to the onset of new regulations,any
alleged hardships also result from Petitioner's failure to undertake minor repairs over the years that
may have kept the structure in tact.
6. The Petitioner has not demonstrated that his proposed development is within the
spirit,purpose and intent of the Commission's rules;that it will secure public safety and welfare;and
8

that it will preserve substantial justice. The variance would not be consistent with the spirit,purpose
and intent of the CRC's general use standards for the AECs adversely impacted in this case: coastal
wetlands, estuarine waters, and public trust areas.
The management objective for the Coastal Wetland AEC is"[t]o conserve and manage coastal
wetlands so as to safeguard and perpetuate their biological, social,economic and aesthetic values;to
coordinate and establish a management system capable of conserving and utilizing
coastal wetlands as a natural resource essential to the functioning of the entire estuarine system." 15A
NCAC 7H .0205(c). The use standards further provide that"[h]ighest priority
of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal
wetland use shall be given to those types of development activities that require water access and
cannot function elsewhere."15A NCAC 7H.0205(d). In this case,the proposed use will not conserve
existing coastal wetlands in their natural state. Because Petitioner's proposal includes shading of 280
square feet of coastal wetlands, it is not consistent with the spirit, purpose and intent of the rules
designed to prevent such activities.
The management objective for the Estuarine Waters AEC is"[t]o conserve and manage the
important features of estuarine waters so as to safeguard and perpetuate their biological, social,
aesthetic, and economic values; to coordinate and establish a management system capable
of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine
and ocean system." 15A NCAC 7H .0206(c). In this case,the proposed project will not safeguard
and perpetuate the biological values of the estuarine waters.
The management objective for Public Trust Areas AEC is "[t]o protect public rights for
navigation and recreation and to conserve and manage the public trust areas so as to safeguard and
9

perpetuate their biological, economic and aesthetic value." 15A NCAC 7H .0207(c). This
management objective requires the agency to protect up blic rights in the public trust area. Because
the proposed project is below normal high water, it essentially substitutes an individual's rights for
the public's rights in this area.
A structure in this setting could also potentially cause additional impacts to the AEC through
human use of the structure. On the whole, Petitioner's proposed development is simply an
unacceptable use in this setting and is not consistent with the spirit,purpose and intent of the CRC's
rules. For the reasons outlined above,particularly the public's rights in the area to be impacted,the
proposed project will not secure public safety and welfare. Finally, the project will not preserve
substantial justice because the alleged hardship of not being able to reconstruct a historical structure
that was once located in the marsh is a"hardship" shared by many on our coast. New regulations
have been put in place to prohibit this type of activity, and an exception should not be made in this
case.
ORDER
THEREFORE,the variance from T15A NCAC 711.0208(a)(1) and 15A NCAC 7J .0211. is
DENIED.
This the 2"d day of October,2006.
Courtney Hackney, Chairman
Coastal Resources Commission
10

CERTIFICATE OF SERVICE
This is to certify that I have caused the foregoing Final Order to be served upon the Petitioner
by depositing a copy thereof in the U.S. Postal Service CERTIFIED MAIL, RETURN RECEIPT
REQUESTED with sufficient postage for delivery and addressed to:
Michael A. Norton, Agent
2401 Leonard Road, SW
Supply, NC 28462
Meredith Jo Alcoke
Assistant Attorney General
400 Commerce Way
Morehead City,NC 28557
This the 2"d day of October, 2006.
Ji B. Hick y
ecial Deputy Attorney General
N.C. Department of Justice
9001 Mail Service Center
Raleigh,NC 27699-9001
Counsel to the Commission
11

` 4 DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.0.BOX 1890
WILMINGTON,NORTH CAROLINA28402-1890 DEC
E� 2 z IN REPLY REFER TO December 21, 2005 Zoo5
Regulatory Division Morehead City DCM
Action ID. 200501281
Bobby L. Norton
2401 Leonard Road SW
Supply, North Carolina 28462
Dear Mr. Norton:
By copy of the North Carolina Department of Environment and Natural Resources
(NCDENR) letter to you of December 9, 2005, we have learned that North Carolina Coastal
Management Consistency Certification for your proposed plans to reconstruct the pre-existing
fishing camp/shack in the salt marsh near the end of NCSR 1123, adjacent to Varnamtown,
within the waters of the Lockwoods Folly River, Brunswick County,North Carolina has been
denied. The Coastal Zone Management Act provides that no Federal permit may be issued for an
activity within the coastal zone where the State has denied a consistency certification.
Accordingly, your Department of the Army application is hereby denied, without prejudice, and
your file has been retired.
Additionally, we received unfavorable comments from US Fish and Wildlife Service
(copy enclosed). Their reaction to your proposal is the result of anticipated significant adverse
impacts. The Corps has similar concerns. I have provided these comments to alert you to
concerns in addition to those identified in the State's denial letter. While appealing the State
permit is the next step in pursuing State authorization, you should be aware that Federal agency
comments will be unchanged by the outcome of that appeal. Should you be successful in
obtaining a consistency certification, all issues raised by agency comments will have to be
resolved before a decision on your permit application is made.
Mr. Henry Wicker of the Wilmington Regulatory Field Office staff is available to answer
any questions you may have or to assist you in developing a revised plan. Mr. Wicker may be
reached at telephone [phone].
Sincerely,
Samuel K. Jolly
Chief, Regulatory Division

Enclosures
Copies Furnished(without enclosures):
Ms. Becky Fox
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303
North Carolina Division of Marine Fisheries
Post Office Box 769
Morehead City,North Carolina 28557
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and
Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
John Dorney
Division of Environmental Management
North Carolina Department of
Environment and
Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
2

Mr. Ted Tyndall, District Manager
Morehead City Regional Offic
North Carolina Division of
Coastal Management
151-B, Highway 24
Hestron Plaza II
Morehead City,North Carolina 28557
North Carolina Coastal Federation
3609 Highway 24
Newport,North Carolina 28570
3

At-,
Norill Caroliri.; Department of Frtviromnent and Natural Resources
Division of Coastal management
Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
T)ecember 9, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bobby L. Norton
2401 Leonard Rd. SW
Supply,NC 28462
Dear Mr. Norton:
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (LAMA), in which authorization was requested to replace a pre-existing
fishing camp/shack and associated pier and dock on the Lockwood Folly River in Brunswick
County. Processing of the application, which was received as complete by the Division of
Coastal Management's Wilmington Regional Office on July 26, 2005, is now complete. Based
on the state's review, the Division of Coastal Management (DCM) has made the following
findings:
1) The joint State and Federal review of the project was generally favorable, although
the Division of Environmental Health expressed concerns over the possibility of the
introduction of sewage waste into the surrounding waters.
2) The proposed project is located within the following Areas of Environmental
Concern, as designated by the rules of the Coastal Resources Commission (CRC):
Estuarine Waters, Public Trust Areas, and Coastal Wetlands. As such, the proposed
development is subject to NCAC 15A:07H.0208(a)(1), which states that, "uses
which are not water dependent shall not be permitted in coastal wetlands, estuarine
waters, and public trust areas. Restaurants, residences, apartments, motels, hotels,
trailer parks, private roads, factories, and parking lots are examples of uses that are
not water dependent. Uses that are water dependent may include: utility easements;
docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments,
bulkheads; culverts; groins; navigational aids; mooring pilings; navigation
channels; simple access channels and drainage ditches." Therefore, the proposed
fishing camp/shack is not considered a water dependent structure.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

r
Bobby L. Norton
December 9, 2005
Page 2
3) The. Rules of the Coastal Resource Commission for non-conforming development
(NCAC 1.5A.:073.0211) states, "a non-conforrning structure is any structure within
an AEC other than Ocean Hazard and hilet Hazard AECs that is inconsistent with
current CRC rules, and, was built prior to the effective date(s) of the rule(s) with
which it is inconsistent. Replacement of such structures shall be allowed when all
of the following criteria are met: (1) the structure will not be enlarged beyond its
original dimensions; (2) the structure will serve the same or similar use; (3) there
are no practical alternatives for replacing the structure to provide the same or
similar benefits in compliance with current rules; and (4) the structure will be
rebuilt so as to comply with current rules to the maximum extent possible."
4) Based on information provided by the applicant, and confirmed by DCM staffs
knowledge of the area, the proposed structure was uninhabitable after the mid
1990's. The structure continued to deteriorate to a point where it was almost non-
existent by 2002. Although NCAC 15A:07J.0211 does not specify a time period for
allowing structures to be replaced after destruction or deterioration, it has been
determined that since approximately 10 years have elapsed since the structure was
habitable,NCAC 15A:07J.0211 is no longer applicable.
5) Based upon the findings outlined above, the proposed project has been determined
to be inconsistent with NCAC 15A:07H.0208(a)(1) and NCAC 15A:07J.0211.
Given the preceding findings, it is necessary that your request for issuance of a CAMA
Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant
to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state
guidelines for Areas of Environmental Concern or local land use plans.
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 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 a written petition, complying with the
requirements of §150B of the General Statutes of North Carolina, and must be filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714,
within twenty (20) days from the date of this letter. A copy of this petition should be filed
with this office.
Also, you are 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 the
issuance of federal permits for this project. The Federal Coastal Zone Management Act (CZMA)
gives you the right to appeal this finding to the U.S. Secretary of Commerce within thirty days of
receipt of this letter. Your appeal must be 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.

Bobby L. Norton
December 9, 2005
Page 3
Members of my staff are available to assist you should you desire to modify your
proposal in the fixture. If you have any questions concerning this matter, please contact Mr.
Doug Huggett at (252) 808-2.808, extension 212.
Si.r er ,
Charles S. Jones
cc: ITenry Wicker,USACE
DCM - Morehead City
DCM—Wilmington
Mr. Eldon Hout, Director—OCRM/NOAA, Silver Spring, MD
Col. John Pulliam, USACE - Wilmington
U.S. Postal Service-r.
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{
��gNT OF r Department of the Interior RECEIVED
United States De
O�pP .�E�ym P DCM WILMINGTON, NC
D FISH AND WILDLIFE SERVICE NOV 2 1 2005
Raleigh Field Office
Post Office Box 33726
4RCH 3 �s Raleigh,North Carolina 27636-3726
November 17,2005
Mr. Henry Wicker
U. S. Army Corps of Engineers I
Wilmington Regulatory Field Office J �'
P. O. Box 1890
Wilmington,North Carolina 28402-1890
Subject: Action ID#200501281, Bobby Norton,Brunswick County,NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the subject Public
Notice(PN), dated October 21,2005. The applicant,Mr. Bobby Norton,has applied for a Department of
the Army(DA)permit to replace an existing fishing camp/shack and dock structure. These comments are
submitted in accordance with the Fish and Wildlife Coordination Act(FWCA)(48 Stat.401, as amended;
16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of
compliance with 404(b)(1)guidelines(40 CFR 230)and in your public interest review(33 CFR 320.4) in
relation to the protection of fish and wildlife resources. Additional comments are provided regarding the
District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act
(ESA)of 1973,as amended(16 U.S.C. 1531-1543).
Project Area,Proposed Activities and Anticipated Impacts
The project area is a 100-foot by 100-foot tract consisting primarily of regularly flooded smooth
cordgrass(Spartina alterniora)adjacent to the Lockwoods Folly River. The waters are classified as SA
by the North Carolina Division of Water Quality and the area is designated as a primary nursery area
(PNA)by the North Carolina Division of Marine Fisheries. The site currently has debris and remnants of
a former fish camp/shack and dock structure.
The applicant proposes to build a new structure 14 feet wide by 16 feet long. The structure would be
constructed over the marsh on pilings embedded to a depth of eight feet below the marsh substrate. The
lowest horizontal part of the structure would be elevated approximately 4.5 feet above mean high water
(MHW) and the marsh substrate. This height would be approximately eight feet above mean low water
(MLW). Project plans seem to indicate that there is no land connection to the site of the structure. The
walls and roof"sections would be constructed off-site and transported by an unspecified method to the site
for final assembly. The enclosed structure would have a floor area of 224 square feet(ft). The enclosed
structure would be used for"recreational purposes"and the storage of commercial and recreational
fishing supplies and equipment. There is no discussion of type of equipment to be stored, sanitary
facilities,or methods of garbage disposal. The PN does not indicate a specific loss of wetlands or any
amount of wetland fill.
An elevated pier and dock would extend from the porch of the structure toward Lockwoods Folly River.
The 4-foot-wide by 24-foot-long pier would terminate 35 feet from the bottom edge of the federal
navigation channel. Water depths at the waterward end of the dock would be approximately 15 inches at
MLW. The tidal range in the project is given as approximately 3.5 feet which would be a water depth of
over 4.5 feet at high tide.

REC E1Vt_-
DCM WILMINGTON, NC 2
NOV 2 1 2005
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species known to
occur in Brunswick County. We have also reviewed information from the North Carolina Natural
Heritage Program(NCNHP)database which contains excellent data on special status species,both federal
and state. This database can be accessed by topographic quadrangle(quad)of the U. S. Geological
Survey(USGS). Data from USGS quads provide the most project-specific information on species which
should be considered in permitting this project. The project area is located in the Lockwoods Folly quad.
The occurrence data of special status species within this quad can be obtained on the internet at<
hitp://www.ncnhp.org/Paizes/heritagedata.htm]>under the Database Search section.
Our review indicates that the only federally protected species under Service jurisdiction that is likely to
occur in the project area is the West Indian manatee(Trichechus manatus), a federally-endangered
mammal. There are current records for the manatee in the Lockwoods Folly quad. The shallow, estuarine
waters of the lower Lockwoods Folly River may provide suitable habitat for manatees that move along
the Atlantic Coast during summer months and are seasonal transients in North Carolina,primarily from
June through October. Manatees may occupy waters one to two meters(3.3 -6.6 feet)deep. The species
moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely
determine the likelihood that it will be present at a particular construction site.
To protect manatees in North Carolina,the Service developed guidelines entitled"Precautions for General
Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina." These
guidelines address all types of in-water construction, except blasting,and should produce little, if any,
additional expense. The guidelines are intended mainly to ensure that construction personnel are
informed that manatees may occur in the work area,that work should cease if a manatee approaches the
work area,work should not resume until the manatee leaves the work area, and procedures for reporting
the death or injury of a manatee. These guidelines are available on our web site at<htip://nc-
es.fws.gov/mammal/manatee guidelines.pdf>. The risk to manatees could be reduced to an acceptable
level by the implementation of the Service's guidelines. The risk would be further reduced by performing
the work during the period of November through May.
If the Corps' public interest review should lead to the issuance of the DA permit,there should be a
condition requiring the implementation our manatee guidelines. With such a permit condition,the
Service would concur with a determination by the District Engineer that the proposed actions are not
likely to adversely affect threatened or endangered species under our jurisdiction or their designated
critical habitat. The requirements of section 7 of the Endangered Species Act would be fulfilled.
However, section 7 would need to be reconsidered if: (1)new information reveals impacts of this
identified action that may affect listed species or critical habitat in a manner not previously considered;
(2)this action is subsequently modified in a manner which was not considered in this review; or,(3)a
new species is listed or critical habitat determined that may be affected by the identified action.
Service Concerns and Recommendations
The Service is concerned about the proposal to construct an enclosed structure over a coastal marsh.
While piers and docks are water-dependent,enclosed structures for recreation and storage can,and
should,be built on uplands landward of intertidal marsh.
The use of the proposed structure as a fish camp and storage facility has the potential to degrade water
quality in the marsh below. There is a potential for gasoline, other petroleum products, and other harmful
substances to drop from the structure into the marsh below. The issues of sanitary facilities and trash
disposal are not addressed in the PN,but these issues also raise concerns regarding the degradation of
water quality.

DCM WILMINGTON, NC
NOV 2 1 2005
The Service is also concerned that the enclosed structure would adversely impact coastal marsh which
represents a PNA by blocking sunlight and associated boat traffic. The wakes of boats to and from the
enclosed structure could erode the margins of the marsh. Shading produced by structures over marshes
results in the loss of plant growth and vigor. A study in South Carolina compared stem densities of
Spartina under docks with stem densities five meters away from docks(Sanger and Holland 2002 as cited
in Street et al. 2005,p. 350). This study indicated an average reduction in stem density of 71%under the
docks. The study concluded that although shading of Spartina by docks reduces stem density,the total
impact on wetland habitat was minor. However,local effects in areas with many docks could be
significant. The area shaded by the enclosed structure,while small compared to a house,would be greater
than shading produced by a pier or dock. A portion of the marsh under the structure could be shaded
throughout the day.
The Service recommends that a DA permit not be issued for the proposed enclosed structure over a
coastal marsh which serves as a PNA. As noted,this structure has the potential to degrade important
coastal marsh habitat and should,therefore,be built on uplands. As Street et al. (2005,p. 353)note
wetlands, such as the coastal marshes along Lockwoods Folly River,are highly productive biologically
and because of their expansive coverage and biomass produce a large amount of organic matter which is
broken down and used by many species near the wetlands and elsewhere. These highly productive
habitats should not be lost to development which can occur in uplands.
The Service appreciates the opportunity to comment on this permit application. If you have questions
regarding these comments,please contact Howard Hall at 919-856-4520,ext. 27 or by e-mail at<
[e-mail]>.
Sincerely,
7 A r
Pete Benjamin
Ecological Services Supervisor
Literature cited:
Sanger, D. M. and A.F. Holland. 2002. Evaluation of the impacts of dock structures on South Carolina
estuarine environments. South Carolina Department of Natural Resources,Marine Resources
Research Institute,Charleston, SC. Tech. Rep.No. 99. 82p.
Street,M.W.,A.S. Deaton,W.S. Chappell, and P.D. Mooreside. 2005.North Carolina Coastal Habitat
Protection Plan. North Carolina Department of Environment and Natural Resources,Division of
Marine Fisheries,Morehead City,NC. 656 pp. [available at<
hqp://www.ncfisheries.net/habitat/chpp28.htm] >].
cc:
Ronald Mikulak,US Environmental Protection Agency,Atlanta,GA
Ron Sechler,NOAA Fisheries,Beaufort,NC
Steve Everhart,NC Wildlife Resources Commission,Wilmington,NC
Jim Gregson,NC Division of Coastal Management,Wilmington,NC
John Dorney,NC Division of Water Quality,Raleigh,NC

MEMO
To: Doug Huggett,
From: Mike Christenbury
Subject: Consistency Determination, Major Permit Application, Bobby L.
Norton—Brunswick County
Date: October 31, 2005
The applicant proposes to replace a pre-existing fishing camp/shack and associated pier
and dock. The project is located along the banks of the Lockswood Folly River near
V arnumtown.
Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine
Waters, Coastal Wetlands and Public Trust Areas. Waters at the project site are classified
as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery
Area.
I have reviewed this proposal for consistency with the 1997Brunswick County Land Use
Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, Brunswick County allows development in conservation classified AECs
which is consistent with the State's minimum use standards. The Brunswick County
Land Use Plan contains some policies which exceed the State's minimum use standards.
However, none of these standards appear to be applicable to this proposal.
Provided all local, state and federal requirements can be met, this project appears to be
consistent with the Brunswick County Land Use Plan.
Cc: File

US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 21, 2005
Comment Deadline: November 21, 2005
Corps Action ID #: 200501281
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps)has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Bobby L.Norton
2401 Leonard Road SW
Supply,North Carolina 28462
AGENT: Michael A. Norton
1916 Camelot Drive
Ocean Isle Beach,North Carolina 28469
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.
Location
The proposed project is located in the salt marsh near the end NCSR 1123, adjacent to
Varnamtown, within the waters of the Lockwoods Folly River, Brunswick County,North
Carolina. Latitude 33-56-50 and Longitude 78-13-25.
Existing Site Conditions
The project site is located in the salt marsh, on the east side of Lockwoods Folly River,
adjacent to Varnamtown. The site is located on a 100' x 100' parcel of land that consists
primarily of regularly flooded Smooth Cord grass Marsh (Spartina alternaflora)along
the river's edge in a band approximately 20-30 feet in width, transitioning to primarily
Black Needle rush(Juncus roemerianus) along the northeast side of the parcel. Existing
structures on the property consist of debris and the remnants of a pre-existing fish
camp/shack and dock structure. The Lockwoods Folly River is approximately 200 feet
wide with a 100' wide Federal Navigation Channel at this location. The waters of the

Lockwoods Folly River are classified"SA"by the North Carolina Division of Water
Quality. The area is designated as a Primary Nursery Area by the North Carolina
Division of Marine Fisheries and is closed to the harvesting of shellfish.
Applicant's Stated Purpose
The purpose of the proposed project is to replace the pre-existing fishing camp/shack and
dock structure and use it for recreational purposes along with using it to store commercial
and recreational fishing equipment and supplies.
Project Description
The applicant states that the property was purchased from Mr. Malcolm "Mac"and
Francis Galloway over forty years ago. He also states that efforts to locate descriptive
title documentation beyond a Property Datasheet, and Brunswick County map records of
Parcel No. 21700101 were unsuccessful. The applicant also contacted Mr. Brian
Cheshire with the NC Attorney Generals Office to research possible submerged lands
claims for the property. No submerged land claim information was located and the
property remains in State ownership.
The applicant proposes to replace the pre-existing fishing camp/shack and dock structure.
The proposed structure would measure 14' in width by 16' in depth. The structure would
be located near the center of the parcel, on the river(southwest) side. The structure
would have a 4' wide covered "stoop" on the southwest side. The structure would be
constructed on 6'x 6' pilings imbedded to a depth of 8' below the substrate. The
structure (lowest horizontal member)would be elevated approximately 8' above Mean
Low Water and approximately 4.5 feet above Mean High Water and the marsh substrate.
The applicant states the wall and roof sections would be pre-constructed off site and
transported to the site for final assembly. The structure would have a finished enclosed
floor area of 224 sq. ft. The elevated pier and dock would extend from the porch. The
pier would be 4 feet in width by approximately 24 feet in length. On the waterward end
of the pier the applicant is proposing a 4 feet wide by 12 feet long dock. The structure
would terminate approximately 35 feet from the near bottom edge of the Federal
Channel. Water depths at the waterward end of the dock would be approximately—15
inches at Mean Low Water. See the attached drawings for more details.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for,certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
2

regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office,401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh,North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
November 14, 2005.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat(EFH)consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated
fisheries managed by'the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service. These impacts to EFH include destruction of
habitat during the construction of the structures, erosion and sedimentation issues and
water quality issues.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific,prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined there may be species listed as threatened
or endangered or their critical habitat formally designated pursuant to the Endangered
Species Act of 1973 (ESA)within the project area. A final determination on the effects
of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
3

V
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands,historic properties, fish and wildlife values, flood hazards, flood plain
values(in accordance with Executive Order 11988), land use,navigation, shoreline
erosion and accretion,recreation, water supply and conservation, water quality,energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the
Corps to determine whether to issue,modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment(EA) and/or an Environmental Impact Statement (EIS)pursuant to the
National Environmental Policy Act(NEPA)..Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing,within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District,until 5pm,November 21, 2005.
Comments should be submitted to Henry Wicker, Project Manager for this project.
4

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,ep ]5 05 04:30p Carolina ➢luetuater Constr 19105751214 P•2
ADJACENT PROPERTY
State Of N, Carolina
NC State Pro'x.Oftler
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MnSTRUCTLW LAYOUT
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F
OD FOLLY STRUCTURE RENOVATION
T: BOBBY I,.NORTON
O.21700101,BRI INSWICIC COUNTY,NC
S SHOWN
17-05 Rcv.09-13-05
Y: 1'y1ICHAEL NORTON

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Elevation 0.0 MLW GI `�
i
FRONT ELEVATION
LOCKWOOD FOLLY STRUCTURE RENOVATION
APPLICANT: BOBBY L.NORTON
PARCEL NO.21700101,BRUNSWICK COUNTY,NC
SCALE: 1/8" (/"' $ o)
DATE: 02-17-05
DRAWN BY: NICHAEL NORTON

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
October 12, 2005
Mr. Bobby L. Norton
2401 Leonard Road SW
Supply,NC 28462
Dear Mr. Norton:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to replace a pre-existing fishing camp/shack and associated pier and
dock in Brunswick County adjacent to the Lockwoods Folly River near the end of NCSR 1123,
Varnamtown,NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make December 23, 2005 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 me by phone [phone]) or e-mail ([e-mail]).
Very sincerely,
V.
Dou uggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
DCM, Wilmington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net

OCT 10 W NCDENR OCT 200
or h Carolina Department of Environment and Natural Resources
sH�lll�N�rATbN Division of Coastal Management
J,Governor Charles S. Jones, Director William G. Ross Jr, Secretary
September 20, 2005
MEMORANDUM: V
FSEP !TO: Patty Fowler � ;
NCDENR-Division of Environmental Health
Shellfish Sanitation Section SHELLFISH SANITATION '
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NC SR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson 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
��t,���_ DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural ilisiam
Quyrc
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director 131or I.,geQq36,3y
September 20, 2005 Morehead City DCM
MEMORANDUM:
RECEIVED
SEP 00 2005
TO: Linda Lewis
and _��
Noelle Lutheran
Division of Water Quality
FROM: Doug Huggett, Major Permits Coordinator In
Rev I eLoP
SUBJECT: CAMA Permit Application Review QC IA`
Applicant: Bobby L. Norton ,v
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 796-7215, 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. I
2 SW z�er-�'Je�m r f I S
This agency approves of the project only if the ram^YmmPn,�P� oh� .
ieeetd'. See attached.
CU�'j}'2in eU.
This agency objects to the project for reasons described in the attached comments.
SIGNED ✓� DATE -23_ZC��
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equai Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Sep 22 05 11 : 27a Preferred Customer 910-437-2535 p. 1
A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michaei F Easley,Governor Charles S.Jones,Director William G. Ross Jr, Secretary
September 20, 2005
MEMORANDUM:
TO: Jason Epley
Division of Community.Assistance
FROM: Doug Huggett,Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near V arriamtown,in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. 1f you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 796-7215,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 1 _ DATE
127 Cardinal Drive Ext.,Wilmington, Forth Carolina 28405-3845
Phcne: 910-796-72151 FAX: [phone] Internet: www.nccoastalmanagemeit.net

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
f=1%:I
September 20, 2005
<
SEP ti d ZOpS
MEMORANDUM: 2005
SEP
TO: Steve EverMOrGhoold ,rltl 0CM r1n RECEIVED
NC Wildlife Resources Commission Habitat q
CoP ogram n
FROM: Doug Huggett, Major Permits Coordinator �68 ,
SUBJECT: CAMA Permit Application Review ! 7'
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 796-7215, 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:
_f -
lo
SIGNED7-46/ DATE Z� Ifi
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement,net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William o r. ecretary
September 20, 2005 SEP 2 9 2005
MEMORANDUM: Moreheau city ACM
TO: .tev.+ as Connic',
Brunswick Co. LPO
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 796-7215, when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE ^u
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

SEP 2 9 2005
NCDENR Morehead City DCM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 20, 2005
MEMORANDUM:
TO: Dan Sams
For James Simons
Division of Land Resources
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form .
�by October 19, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 796-7215, when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE &V
127 Cardinal Drive Ext, Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

�NCDENR SEP 3 0 200
k)
North Carolina Department of Environment and Natural MwMad City ACM
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 20, 2005
MEMORANDUM:
TO: Joe Henderson ' 2 [005
NC Dept. of Administration
State Property Office
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County. -1
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please'indicata'below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson 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.
0.1
SIGNED DATE
12 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

-� p C E 0 E
NCDEN� OCT - s 2005
North Carolina Department of Environment and Natural R RABITATPROTECTION
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 20, 2005
MEMORANDUM:
TO: Fritz Rohde
Division of Marine Fisheries
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 796-7215,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.
�s 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 K DATE ( 0 � 0 �
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

10/24/2005 18:04 NC STATE HISTORIC PRESERUATION 4 919103953964 NO.023 P02
6
NCDENR
North Carolina Department of Fnvironment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S.Jones, Director Wi I iam G.Rots Jr..Secietary
Tp-
September 20, 2005
Ir —),
MEMORANDUM: OCT 2 7 Nbj
A
TO: Renee Gledhill-Early Morehead City 0(;(Vl 5(swok lb[05
NC Dept.of Cultural Resources mloqv
Archives&History
FROM. Doug Huggett,Major permits Coordinator D
SUBACT: CARA Permit Application Review
Applicant; Bobby L.Norton
Project Location: Near the end of NCSR 1123, in.the Locktivood Folly River, near Vaxnarntown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19,2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 796-7215,when appropriate,in-depth corm-nents with supporting data is requested.
REPLY: This agency has no objection to tbe project as proposed.
This agency has no comment on.the proposed project.
This agency approves of the project only if the recommended changes are
RECEIV I ED incorporated, See attached.
SEP 2 6 1>i115 This agency objects to the project for reasons described in the attached comments.
SIGNE V " DATEC>,S-
127 Cardinai Drive Ext., Wilmington, North Carolina 28405-3845
Phone; 910-796-7215 1 W: 910-395-3964 t Internet: www,nccoastalmanagement.net
An Equal Opportunil y l AM rmative Act on Employer-50%Reqcled`10%Post Consumer Paper 2m

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary
September 20, 2005
MEMORANDUM: R._D
RE „
TO: Linda Lewis S E P 2 p It
�� � 2005
and �
Noelle Lutheran ay- U
Division of Water Quality tfWtitY ID CM
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bobby L. Norton
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Vamamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated-
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 796-7215, when appropriate, in-depth comments with supporting data is requested.
D
REPLY: _/V\ This agency has no objection to the project as proposed. S �© -c:t-
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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

i 3 SEP Z,'fi 4N
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 20, 2005 RECEIVr-ri:
MEMORANDUM: SEP 2 8 2009
TO: Ken Pace ON.OF COASTAL W"WCOEM
NCDOT
State Construction/Materials Branch
FROM: Doug Huggett, Major Permits Coordinator;
SUBJECT: CAMA Permit Application Review SEP 3 0 ?005
Applicant: Bobby L. Norton Morehead City UCM
Project Location: Near the end of NCSR 1123, in the Lockwood Folly River, near Varnamtown, in
Brunswick County.
Proposed Project: The Applicant proposes to replace a pre-existing fishing camp/shack and associated
pier and dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 19, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson 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.
SIGNEDK DATE - q I dos
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet. www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

OCM% DWO%
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,yam 4:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 20, 2005
FAX: [phone]
2 Pages
Brunswick Beacon
Legal Advertisement Section
Post Office Box 2558
Shallotte, North Carolina 28459
Re: Public Notice - Bobby L. Norton
Dear Sir:
Please publish the attached Notice in the Thursday, September 29, 2005 issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC
28405.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun Simpson
Coastal Management Admin. Assistant
Enclosure
cc: Doug Huggett
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on July 26, 2005
According to said application, Bobby L. Norton proposes to replace a pre-existing fishing
camp/shack and associated pier and dock located near the end of NCSR 1123, in the Lockwoods
Folly River, near Varnamtown, Brunswick County.
A copy of the entire application may be examined or copied at the office Jim Gregson of
N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, 910-796-7215 during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 1638
Mail Service Center, Raleigh, NC 27699-1638, prior to October 19, 2005 will be considered in
making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
written request.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 19, 2005
Mr. Michael A. Norton
1916 Camelot Drive
Ocean Isle Beach, North Carolina 28469
Dear Mr. Norton:
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Bobby
L. Norton, for State approval for development of property located near the end of NCSR 1123, in the Lockwoods Folly
River, near Varnamtown, Brunswick County. It was received complete on 07/26/05, and appears to be adequate for
processing at this time. The projected deadline for making a decision is 10/09/05. An additional 75-day review period
is provided by law when such time is necessary to complete the review. If you have not been notified of a final action
by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this
letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the
75th day.
If this agency does not render a permit decision within 70 days from 07/26/05, you may request a meeting with the
Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting
will be held within five working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
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.
S nce ely,
Jim/Gregson
District Manager
Enclosure
cc: Doug Huggett, DCM
Henry Wicker, COE
Mr. Bobby L. Norton
Connie Marlow (LPO)
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet:www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

r ® ,
4
AMA 9:=- RMIT
APPLIED F R
PROJECT:
AM
COMMENTS ACCEPTED THROUGH l9• -zao.�
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
. AJeYt�r� �►v off' r�sf�./ � t •
mvto
G i G 8 ors'

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CompLETE THIS SEC77ONON
COMPLETE •
■ Complete items 1,2,and 3.Also complete A. Signatur
item 4 if Restricted Delivery is desired. X �RV10EC E ❑Agent
■ Print your name and address on the reverse S ❑Addressee
so that we can return the Card to you. Q;eceived by(Printed Name) Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivW hdd#ss diflerent from item ? ❑Yes
1. Article Addressed to: If YES,enter deliverer ad, Tess belo ❑No
/dC ;2R-0eE9T1 ES QFGiCr
l3a 1 /11g�c. 5o2vlcG ceril-k12-
27699
3.i
rvice Type
ed Mail ❑Express Mail
Registered ❑ Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1160 0002 8062 9214
(Transfer from service labeq
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
�i
moo �02 O
`s 20
I
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
�IC/fi4rL 1j 64-re
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