138-05 Sleepy Creek Farms, Inc.

wr - -^1►
004?0.
Permit Class Permit Number
NEW 138-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission 0L."­
for "W
wu�
C r
ikrmft
C)FC: 3 0 2005
X Major Development in an Area of Environmental C ncern
pursuant to NCGS 113A-118 i oruh Ua, d City DC
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Sleepy Creek Farms,Inc.,PO Box 10009, Goldsboro, NC 27532
Authorizing development in Carteret County at adj. Back Sound, 1438 Harkers Island Rd.,
Harkers Island , as requested in the permittee's application dated 3/10/05. including the
attached workplan drawings (2), 1 dated 3/10/05 & 1 dated amended 6/22/05
This permit, issued on SertPmher 13, 2005 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes'set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) All material resulting from the removal of the existing bulkhead shall be placed on an approved upland
disposal site.
2 The alignment f the permitted ri ra shall be staked b the ermittee and approved b a representative
a: ) g� o P rip rap Y P PP Y P
of the Division of Coastal Management.
yti
' 3) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete.
V
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department v l f
personnel when the project is inspected for compliance. 7
Any maintenance work or project modification not covered arles S. Jones, Director
��
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina CoastalIt
Management Program. ,,,,., Tjature of Permittee

FSleepy Creek Farms, Inc. Permit#138-05
Page 2 of 2
ADDITIONAL CONDITIONS
4) The rigrap.,tmaterial shal Ube free from loose dirt or any pollutant. It shall be of a size sufficient to
preventts i the approved alignment by wave or current action.
5) The backfill material shall be clean and free of any pollutants except in trace quantities. $
6) All fill material shall be obtained from a high ground source and confined behind the permitted riprap.
7) No fill material is to be placed within 30 feet pf the normal high water line without permit modification, t`
except that which will be used to backfill the area behind the permitted riprap.
8) In accordance with commitments made by the permittee, a filter cloth shall be placed over the graded
slope prior to placement of the permitted riprap to prevent erosion of the backfill materials into adjacent
waters.
General
9) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or.
alteration.
10) No vegetated wetlands or submerged aquatic vegetation shall be excavated or filled even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
051446.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200501080. Y
x

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
September 13, 2005
Sleepy Creek Farms, Inc.
P.O. Box 10009
Goldsboro,NC 27532
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
PMI& v 1i-&;
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Sleepy Creek Farms, Inc.
2. LOCATION OF PROJECT SITE: In Carteret County, take Hwy 70 through Morehead City and Beaufort and
continue "downeast." Take a right off Hwy 70 to Harkers Island, stay on Island Road approximately two miles, 1438
Island Road is on the right.
Photo Index -2000: #604 grid 0-11 1995/585 grid J-7
State Plane Coordinates -X: 2739062 Y: 351333 Rover# L072113B
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—May 10,2005, June 6, 2005, June 12, 2005
Was Applicant Present—No, Yes, No
5. PROCESSING PROCEDURE: Application Received —Complete June 22, 2005
Office—Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Carteret County
Land Classification From LUP—Community/Conservation
(B) AEC(s) Involved: Estuarine Waters, Public Trust Waters
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing —2 septic systems
Planned - None
(F) Type of Structures: Existing —House, Two sheds, Old bulkhead
Planned - Rock Sill/Riprap Combination
(G) Estimated Annual Rate of Erosion: 2'
Source—Aerial Photography
7. HABITAT DESCRIPTION:
DREDGED FILLED OTHER
(A) Shallow Bottom Habitat 1380sf rip-rap
720sf sand
(D) Total Area Disturbed: 2100sf
(E) Primary Nursery Area: No
(F) Water Classification: SA- ORW Open: Yes
8. PROJECT SUMMARY:
Applicant proposes to remove a failed bulkhead, and stabilize the shoreline with riprap extending to a
maximum of 22' offshore of the escarpment.

Field Investigation Report
Sleepy Creek Farms, Inc.
July 26,2005
Page 2 of 2
9. NARRATIVE DESCRIPTION:
Project Setting
The applicant's property is off Hwy 70 East on Harkers Island, in Carteret County. Stay on the main road(Island
Rd.) approximately two miles and the site address is 1438 Island Road and is located on the right side of the road,
adjacent to Back Sound.
The site is approximately 1.2 acres in size. Applicant states that the elevation is 2'—4'above NHW. The lot is
developed with a house,two sheds,and an old bulkhead. Vegetation on site consists of lawn grasses, Myrtle bushes,
and Live Oak trees. The soil is a sandy loam. The lot to the west has a stabilized shoreline consisting of a vertical
wood wall. The lot to the east is stabilized with a wood wall. The existing old wall previously connected to the corners
of the adjacent lots,however, after hurricane damage Back Sound has eroded the high ground anywhere from 5'to 25'
behind the now failing bulkhead. The NHW line now follows the base of the escarpment existing behind the old wall.
There are no Coastal Wetlands, SAVs,or shellfish in the sand bottom between the escarpment and the old wall. Water
depths range from -3' at NHW at the failing wall to—5" at NHW at the escarpment.
The proposed development is in an area of Back Sound designated as SA-ORW by the Division of Water
Quality. It is not classified as a PNA by the Division of Marine fisheries. The waters adjacent to the site in Back Sound
are open to shellfishing. The site is classified as Community by the Carteret County Land Use Plan, with all AEC's
Conservation.
Project Description
Applicant proposes to fill an area with sand from the existing escarpment waterward an average of 12' in a 60'
area on the east side of the lot. The base of the riprap would be 10' in front of the sand fill material. Approximately
120cy of sand would be used as fill in this area. The shoreline would then be graded from the escarpment at NHW at
the west side of the lot to the new backfill on the east side to provide a slope for a granite riprap wall. Filter cloth would
be placed over the slope before placement of the riprap to prevent erosion. The riprap would connect to the existing
corners of the adjoining properties to prevent erosion of their sites. Once the site has been stabilized by the riprap,the
old existing wall would be removed. The length of the old wall between the existing bulkheads of the adjoining
properties is 129'. Approximately 2.1 tons of Class II granite rock would be installed per linear foot of shoreline (276
tons). The average base of the riprap would be 10', and the average height 45, or 2.5' above NHW,
10. ANTICIPATED IMPACTS
There would be approximately 720sf of shallow bottom area filled with sand and graded for the riprap slope.
The escarpment on the west side would be graded but not filled. An area 10'x 138' (1380sf of shallow bottom habitat)
would be filled with granite riprap. Some turbidity could be expected during construction, but could be minimized by
grading and filling at low tide. Some turbidity could be expected from the removal of the old wall, but should be short in
duration.
Mark Hardeman— Morehead City Office—July 26, 2005

Jun 22 05 02: 14p p. 2
VIRID A �Ar=/ft>Ft�'
l
JUN 2 2 2005
Forrn DCM-IviP-1 �, Z^r
(('o be completed by all applicants}
landmark
commu ,
• b. Ci town, ��
c Street address r secondary road number �--Z
I. APPLICANT J 3ie AZ(VE:�-= �K17
work within city limits or planning
a. Landowner: d u proposed Yes No
CREEKFZ�`.S C' jurisdiction?
e r ect (e.g. river,
Nam Name of body of water.Aearest P o
Address —�C creek, sound.bay)
•- � i7St"3 a`�© State�--
City -7g Z t30
of!Qt � ON AND PLANKED USEZip
Zip g:Z 3� Day Phone 3. DESCRIPT`I
Fax l t 'elk
t OF PROPOSED PR07'ECT
wry - e
b. Authorized gent: a. List all development activities you propose
and
��t✓K { � motel,marina,bulkhead,P
V..JE•'�J ��= building a home,mo
Name /1 ez vation and/or fillip activities. �x6
G 'tir
�K 6
Address
s
�-. �_ S'c3c w j.�.-��----
City • State e of an existing
l3C) b. Is the proposed activity maintel
Day Phone�� project, new work, or bo
Zip commercial
ectbe for public,private or
Fax ( use? .
(if any) d, Give a brief description of purpose,use,mods of
C. project name ( o rations of proposed
construction and daily Pe lease arch
Project. if 'moce s ace is need , � W.
issycd in name of�pwitcr(s),WJ/or additional pages. go
Pem it--LU be titer','• %L f N�
NOTE. F�Of. ,/
project name. �
6,1 L%-6-1
Z, LOCATION OF PROPOSED c r�
r a�
PROJECT
a. County

Jun 22 05 02: 14p p• 3
;Form DCM-MP-1
IIIN 9 2 ?nnF
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER ' —
CHARACTERISTICS
a. Size of entire tract , �G e n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
b. Size of individual lot(s) d " and residential discharges.)
c. Approximate elevation of tract above hfFM or
NW L t2
d. Soil types} a�d texture(s) of tract o. Des ibe existing drinking water supply source.
/ L L l CS4
I�1 1 r✓_r l :t
e. V etation on tract��.J
y
f. Man-made features now on tract CC) s� 5. ADDITIONAL INFORMATION
r b _
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consulr the local lm,d we plan.) following items must be submitted:
Conservation Transitional A copy of the deed (with state application only) or
Developed �Community
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How ' the tract zoned by local government? claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims tide, plus written permission
i. Is the proposedp2'oject consistent with the applicable
from the owner to carry out the project.
zoning? G/✓ Ye-S No 0 An accurate, dated work plat (including plan view
(Attach zoning comwLancc cerrificwe, If applicabra)
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessnx nt been ink on an 8 112" by I1" white paper. (Refer to
done for the tract? Yes ✓ No Coastal Resources Commission Rule 73.0203 for a
If yes, by whom? detailed description.)
Please note that original drawings are preferred and
Sc. Is the project located in a National Registered onl high quality co ies will be accepted. Blue-line
Historic District or does it involve a National yq ty p
Register listed or . ible property7 prints or other larger plats are acceptable only if an
yes No adequate number of quality copies are provided by
/ applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? Yes _�No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
&4nach doa~ntarion if available-) guide agency personnel unfamiliar with the area to the

Jun 22 05 02: 14p p• 4
JUN 2 2 2005
Form DChl-hiP-1
Morehead City DCI
site. Include highway or secondary road (SR) 6. CERTUICATIOti PERMISSION'
PERSSIO
numbers, landmarks, and the like. TO ENTER ON LAND
• A Storrnwater certification, if one is necessary-
I understand that any permit issued in response to this
• A list of the names and complete addresses of the application will allow only the development described in
adjacent waterfront (riparian) landoµriers and the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained to the permit.
have received a copy of the application and plats y proposed
by certified mail. Such landowners must be advised I certify that to the best of m knowledge, the p Po
that they have 30 days in which to submit comments activity-vomplies with the State of North Carolina's
on the proposed project to the Division of Coastal approved Coastal Management Program and will be
Management. Upon signing this form, the applicant conducted in a manner consistent with such program.
further certifies that such notice has been provided.
1 certify that I am authorized to grant, and do in fact,
Name i /�C- ant permission to representatives of state and federal
grant P
Address of 3 1 review agencies to enter on the aforementioned lands in
Phone connection with evaluating information related to this
permit application and follow-up monitoring of the
Name ` J r ► project.
Addres .
Phone[ � !� 1 further certify that the information provided in this
Name c�GfZ application is truthful to the best of my knowledge.
Address
Phone This is the day of -�
• A list of previous state or federal permits issued for print Name GK A o
work on the project tract. Include permit numbers,
permitteeAA
and issuing dates. Signature
• l or Aurhorted Age-
Please indicate attachments pertaining to your proposed
• A check made payable to the Department of project.
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the ✓ DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
_ DCM MP-4 Structures lnformation
in DCM MP-5 Bridges and Culverts
• A signed AEC hazard notice for Projects — DCM MP-b Marina Development
oceanfront and inlet areas. --
of compliance with the N.C. NOTE: Please sign and date each anachment to the
• A statement space provided ar the borrorn of each form-
Environmental Policy Act (N.C.G.S. 113A - 1 to
E
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.

Jun 22 05 02: 15p p. 5
Form DCNI-INW-2
��EXCAVATION N
2 2005
Morehes� C. .
FILL
AND tY D
cM
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project. a. Amount of material to be excavat7d om below
Describe below the purpose of proposed excavation or
MHW or NWL in cubic yards
fill a,:tivities. All values to be given in feet. b Type of material to be excavated P
Average Final
Eaating Project C. Does the area to be excavated include coastal
u°gth width Deptb Depth wetlands (marsh), submerged aquatic vegetation
Access (SAVs) or other wetlands? Yes No
channel
(N1Lb41 or(NWL) d. Highground excavation in cubic yards
Canal
i. DISPOSAL OF EXCAVATED
MATERIAL
Boat
basin
a. Location of disposal area V 14
Boat f
ramp /1( /
b. Dimensions of disposal area ---`_7
Rock y
grain Do you claim title to disposal area
Yes No
granting p from the
If no attach a letter rantinermiss
Rockion
.r N� owner.
breakwater y�rr; f?"Fu
:.<•::1{.>_y:�;: �':j�"�ay,;Y$% d. Will a disposal area be available for future
Other maintenance? Yes / No
(Excluding If yes, where? _ ----
short-Umc
stsbil:=ian)

Jun 22 05 02: 15p p. 6
Form DCNI-NIP-2
e. Does the disposal area include any coastal wetlands If yes, .
(marsh), SAVs or other wetlands?
(1) Amount of teal 4e)laced in the
Yes --Z No water /V
(2) Dimensions of fill area
f. Does the disposal include any area in the water?
Yes No (3) Purpose of fill A
b. Will fill material be placed in coastal wetlands
Z3. SHORELINE STABILIZATION (marsh), SAVs or o wetlands?
Yes Z
If yes,
a. Type f shoreline stabilizati (1) Dimensions of fill area
Bulkhead RiprapW
1� ✓ (2) Purpose of fill
b. Length --
S �b�
c. Average stance wat rward of MHW or A.V%'
d '
a i6 5. GENERAL
d. Maximum distanco waterward of MHW or NWL
13)16 7— a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled? 4,
4�
(Source ojinjormation) 'g"�:, L•�,Q(�
ae ak 1 k1+eu(
f. Type of bulkhead or riprap material .,>�— Q roe osed'
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards o e placed below dr ?
water level A?FP--`o 1C -
(1) Riprap `t�
(2) backfill pV -a�/�� 1
' (2,y G'� `�` L. Will wetlands be cr5ssed in transporting equipment
h. T)pe of fill material to project site? Yes L-"'No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material�,wR.t✓+.1 h���
4. OTHER FILL ACTIVITIES 7A 01k,
tt
(Excluding Shoreline Stabilization) Appri or
Signature
a. 'A il2fi material be brought to site?
Yes No ��

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Sleepy Creek Farms, Inc. County: Carteret
LOCATION OF PROJECT: Adjacent to Back Sound at 1438 Island Road,Harker's Island,NC.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 06/22/05
FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Mark Hardeman DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW:
00 B) DATE APPLICATION RECEIVED IN RALEIGH: b>&2 0-5 FEE REC'D: $ ��f40
PUBLIC NOTICE REC'D: (2 71Z END OF NOTICE DATE: OS-1/,F1OS
ADJ. RIP. PROP NOTICES REC'D: II !! DEED REC'D:
APPLICATION ASSIGNED TO: ON: 7/ dS
C) 75 DAY DEADLINE: 69/0-5I0S 150 DAY DEADLINE:
MAIL OUT DATE: 6 7/z.8'/O 5 STATE DUE DATE:
FEDERAL DUE DATE: q' %-dS FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTION NOTES
COMMENTS S:
RETURNED YES NO
Coastal Management-Regional Representative
Coastal Management-LUP Consistency
Division of Community Assistance S'4'as
Land Quality Section
Division of Water Quality -l2
Storm Water Management(DWQ)
State Property Office
Division of Archives&History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division. of Water Resources o
Division of Marine FisheriesIj 6-?j0• b�
Submerged Lands(DMF)
LQ O

Permit# 13 8.05'
DCM Coordinator: O-401
MAILING DISTRIBUTION:Permitee: S le tG �k 'ftS(//
squ
Agent:
DCM:Ellz"abethCi
el
o
Washington
Wilmington
US Army Corps of Engineers(USACE):.
Washington: Mike Bell(NCDOT)
Bill Biddlecom'e(NCDOT)
Raleigh Bland.
Wilmington: Dave Tim (N OT) r r
enry Wicke
Others:
Cultural Resources: Rene edhill-E
Environmental Health: fierce \
Marine Fisheries: eet
NCDOT: P c
Shellfish Sanitation: \
State Property Office: Henders
Water Quality: di Karol for non-DOT)
Jon ennessy(NCD
Water Resources: John Sutherland /
Wildlife Resources: Maria Tripp
S}�ue- C—�er►�c.,-�
D�avi ox(NCDOT)
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(910/2514025)
CAMA Major Permit Process Manual Page 70 of 70

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 i(4 ., � '+
W September 26 2005
IN REPLY REFER TO 1> >
Regulatory Division g F P 2 g 2005
Action ID No. 200501080 and State Permit No. 138-05 Ulurarlaad City DCM
Sleepy Creek Farms, Inc.
Post Office Box 10009
Goldsboro,North Carolina 27532
Dear Madam or Sir:
Reference your application for a Department of the Army permit to remove a failed
bulkhead and stabilize the shoreline with riprap extending to a maximum of 22' offshore of the
escarpment at your property located off Highway 70 East, on Harkers Island, in Carteret County,
North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process for construction activities that
receive authorization from the State of North Carolina. Therefore,you may commence
construction activity in strict accordance with applicable State authorization and the approved
plan(enclosed). Failure to comply with the State authorization or conditions of the Federal
permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason,plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone[phone].
Sincerely,
Henry Wicker,Project Manager
Wilmington Regulatory Field Office

Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney Mr. Pete Benjamin
Division of Environmental Management U.S. Fish and Wildlife Service
North Carolina Department of Environment Fish and Wildlife Enhancement
and Natural Resources Post Office Box 33726
1650 Mail Service Center Raleigh,North Carolina 27636-3726
Raleigh, North Carolina 27699-1650
Mr. Ron Sechler
Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service
Wetlands Section - Region IV Pivers Island
Water Management Division Beaufort,North Carolina 28516
U.S. Environmental Protection Agency
61 Forsyth Street, SW Mr. David Rackley
Atlanta, Georgia 30303 NMFS, Habitat Conservation Division
219 Fort Johnson Road
Mr. Doug Huggett Charleston, South Carolina 29412-9110
Division of Coastal Management /
North Carolina Department of Environment Ms. Tere Barrett, District Manager; /
and Natural Resources Morehead City Regional Office VVV
400 Commerce Avenue North Carolina Division of Coastal
Morehead City, North Carolina 28557 Management
400 Commerce Avenue
Morehead City, North Carolina 28557
2

1
t ' DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 13, 2005
Regulatory Division
Action ID No. 200501080
SEF'
Morehear4 �-
I
Mr. Doug gg Hu ett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Sleepy Creek Farms, Inc. for a Department of the Army
permit to remove a failed bulkhead and stabilize the shoreline with riprap extending to a
maximum of 22' offshore of the escarpment at your property located off Highway 70 East, on
Harkers Island, in Carteret County,North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE)prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters,the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove,
relocate, or alter the structural work or obstructions caused thereby,without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit,no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste,the
permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083,
Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work,he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
8. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
9. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project,and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include,but is not limited to,the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
2

0
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.
13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
14. The Permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The Permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field
Office, Regulatory Division,telephone[phone].
Sincerely,
Henry Wicker
Regulatory Project Manager
Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality Mr. Ron Sechler
North Carolina Department of Environment National Marine Fisheries Service
and Natural Resources Habitat Conservation Service
1650 Mail Service Center Pivers Island
Raleigh,North Carolina 27699-1650 Beaufort,North Carolina 28516
Mr. Pete Benjamin Mr. David Rackley
U.S. Fish and Wildlife Service NMFS,Habitat Conservation Division
Fish and Wildlife Enhancement 219 Fort Johnson Road
Post Office Box 33726 Charleston, South Carolina 29412-9110
Raleigh,North Carolina 27636-3726
3

Mr. Wesley Crum, Chief
Coastal Section
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City,North Carolina 28557
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington,North Carolina 28401-4895
4

September 12, 2005
Regulatory Division
Action ID No. 200501080
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Sleepy Creek Farms, Inc. for a Department of the Army
permit to remove a failed bulkhead and stabilize the shoreline with riprap extending to a
maximum of 22' offshore of the escarpment at your property located off Highway 70 East, on
Harkers Island, in Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE)prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required,upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste,the
permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083,
Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work,he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
8. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
9. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include,but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
2

11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
12. The permittee,upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre-project condition.
13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
14. The Permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The Permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field
Office, Regulatory Division, telephone[phone].
Sincerely,
Henry Wicker
Regulatory Project Manager
Enclosure
Copies Furnished(without enclosure):
Ms. Cyndi Karoly Raleigh, North Carolina 27636-3726
Division of Water Quality
North Carolina Department of Environment Mr. Ron Sechler
and Natural Resources National Marine Fisheries Service
1650 Mail Service Center Habitat Conservation Service
Raleigh, North Carolina 27699-1650 Pivers Island
Beaufort, North Carolina 28516
Mr. Pete Benjamin
U.S. Fish and Wildlife Service Mr. David Rackley
Fish and Wildlife Enhancement NMFS, Habitat Conservation Division
Post Office Box 33726 219 Fort Johnson Road
3

Charleston, South Carolina 29412-9110
Mr. Wesley Crum, Chief
Coastal Section
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Tere Barrett,District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895
BCF:
CESAW-RG-L/WICKER
CESAW-RG-L✓HARRIS
4

1
�PP��ENT Ocy�y� United States Department of the Interior
0 FISH AND WILDLIFE SERVICE /J�
Raleigh Field Office 4fo
Mqp� Post Office Box 33726 r�o�E
Raleigh,North Carolina 27636-3726 t.
September 6,2005 `1
i
Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office 1 lllJJ1
P. 0. Box 1890
Wilmington,North Carolina 28402-1890
Subject: Action ID#200501080; Sleepy Creek Farm,Harkers Island, Carteret 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 August 9,2005. The applicant, Sleepy Creek Farm, Inc.,has applied for a Department
of the Army(DA)permit to remove a failed bulkhead and stabilize the shoreline with rip-rap. The
proposed work is being considered under Regional General Permit#198000291, a permit/processing
agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act
(CAMA). 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,proposed work, and anticipated impacts area are discussed in the Field Investigation
Report(FIR), dated,July 26,2005,of the North Carolina Division of Coastal Management(NCDCM).
The project site is 1.2-acre lot between Highway 70 and Back Sound on Harkers Island. The.existing
bulkhead experienced hurricane damage and the high ground behind the structure has receded 5-25 feet.
The water depth at the existing bulkhead is approximate three feet at normal high water.
The applicant proposes to fill an area 12 feet waterward of the escarpment on the eastern side of the lot
with 120 cubic yards of sand. The fill would be graded to provide a slope for a granite rip-rap wall. The
rip-rap would connect to the corners of adjoining properties to prevent erosion of these properties. After
the shoreline has been stabilized by rip-rap,the old existing wall would be removed. Filling would be
done at low tide to reduce turbidity.
The FIR states that 720 square feet(ft)of shallow estuarine bottoms would be filled with sand. An
additional 1,380 ft2 of shallow bottoms would be filled by rip-rap. The FIR states that there are no coastal
wetlands, submerged aquatic vegetation, or shellfish in the sand bottoms between the current shoreline
and the old bulkhead.

2
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species known to
occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage
Program(NCNHP)database which contains excellent data on the 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 Harkers Island quad.
Occurrence data of special status species within these quads can be obtained on the internet at<
http://www.ncnhp.org/Pages/heritagedata.html>.
Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the
project area. Therefore,the Service would concur with a determination by the District Engineer that the
action is not likely to adversely affect species designated as threatened,endangered, or their designated
critical habitat. The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled.
However,the Corps must reconsider its obligations under section 7 of the ESA 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
While the Service seeks to prevent the loss of any shallow estuarine bottoms, it does appear that most, if
not all,of the area to fill was previously high ground. Overall,the Service does not believe the activities
described in the PN and FIR would have significant adverse and/or irreversible effects on fish and
wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife under
our jurisdiction,to the issuance of a DA permit for the proposed activities.
The Service appreciates the opportunity to comment on this PN. If you have questions regarding these
comments or wish to discuss the development of the coordinated federal position,please contact Howard
Hall at 919-856-4520, ext. 27 or by e-mail at<[e-mail]>. Please provide this office with a
copy of the coordinated federal position, if one is developed.
Si erel
v
Peter amin
Ecolog cal Services Supervisor
cc:
Ronald Mikulak,US Environmental Protection Agency,Atlanta, GA
Ron Sechler,NOAA Fisheries,Beaufort,NC
Maria Tripp,NC Wildlife Resources Commission,Washington,NC
Ted Tyndall,NC Division of Coastal Management, Morehead City,NC
John Domey,NC Division of Water Quality,Raleigh,NC

s
0� WA Michael F. Easley, Governor
O� QG William G. Ross Jr., Secretary
�
North Carolina Department of Environment and Natural Resources
co
> y Alan W. Klimek, P.E., Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 1, 2005 _
Nick Weaver .
PO Box 10009 ,, 1 2 2005
Goldsboro,NC 27532 S
SUBJECT: Approval of 401 Water Quality Certification,
and Additional Conditions
---Sleepy Creek Farms, Inc.
1438 Harker's Island Road
DWQ Project# 051446
Carteret County
Dear Mr. Weaver:
You have our approval, in accordance with the attached conditions (WQC #3400)to conduct the
following activity located on your 1.2 acre site located at 1438 Harker's Island Road adjacent to Back
Sound, on Harker's Island in Carteret County. This approval allows you to:
1. Place fill an average of 12' waterward of the existing escarpment in a 60' area on the east side of
the lot.
2. Grade the shoreline escarpment at NHW at the west side of the lot to the new backfill on the east
side.
3. Place filter cloth and rip rap an average of 10' in front of the sand material.
This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality(DWQ)Wilmington regional Office (WiRO)on
August 1, 2005 and amended CAMA application dated June 22, 2005. After reviewing your application,
we have determined that General Water Quality Certification Number 3400 covers this activity. This
Certification can also be found on line at: http://h2o.enr.state.nc.us/newetlands/certs.html. This
Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues
it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your
project, such as(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply
Watershed regulations, NPDES and Coastal Stormwater. In addition, this approval will expire when
the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project,you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the
future)exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid,you must follow the conditions listed in the enclosed certification
and the additional conditions listed on the following page:
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NorthCarolina
,Vatura!!y

Page Two
Nick Weaver
DWQ Project#051446
September 1, 2005
1. No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to this office and a copy to the 40 1 Oversight/Express
Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh,NC,27699-1650.
Please notify this Office at the number listed below if any problem arises during the construction
of the project that may affect water quality.
Please read the conditions associated with General Certification#3400 (enclosed) and if you
do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit#051446 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC#3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
DCM WiRO—Mark Hardeman
DCM Morehead—Doug Huggett
401 Oversight/Express Review Permitting Unit—Ian McMillan
WiRO
THIS IS NOT
A LAMA PERMIT

•
WQC #3400
CAMA PERMIT CERTIFICATION M"HI C!
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 ISSUED TO THE ARBMXR&AA*V
COASTAL MANAGEMENT AND RIPARIAN AREA PROT O R
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995,Water Quality Certification Number 3112 issued on
February 11, 1997,Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation"within the"Table of Uses"section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols.When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
1

WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC#3400
3

Certification of Completion
DWQ Project No.: County.
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

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
MEMORANDUM
TO: Doug Huggett
FROM: 'PX1 Mark Hardeman
THROUGH: Tere Barrett ;�
SUBJECT: COMMENTS & RECOMMENDATIONS—CAMA MAJOR PERMIT-
Sleepy Creek Farms, Rip-Rap Project
DATE: August 22, 2005
The following are my comments and recommendations regarding the aforementioned proposal. The
proposal is for 130' of Class II granite rip-rap behind an old wood bulkhead. The project includes some
filling and grading and the removal of the old wall. This project is consistent with the use standards found
in 15A NCAC 07H .0208. Therefore, I recommend the project be authorized as proposed, contingent upon
the following conditions:
1 No excavated or fill material will be placed at any time in any vegetated wetlands/marsh or
surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s).
2 No spoil material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
3 The bulkhead alignment will follow the submitted plans dated June 22, 2005.
4 The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to
prevent its movement from the site by wave or current action.
5 All backfill material will be obtained from a high ground source and confined behind the permitted
bulkhead.
6 The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
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Page 2 of 2
7 In order to protect water quality, runoff from the construction must not visibly increase the amount
of suspended sediments in adjacent waters.
8 Appropriate sedimentation and erosion control devices, measures or structures must be
implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and
property(e.g. silt fence, diversion swales or berms, sand fence, etc.).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
CC:
Henry Wicker, USACE

7
1�
r
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
MEMORANDUM
To: Doug Huggett, Major Permits Processing Coordinator
From: Maureen Meehan Will,DCM Morehead City District Planne
Date: August 17, 2005
Subject: Major Permit Application, Requested by Sleepy Creek Farms, Inc. to remove a failing
bulkhead, fill and grade, and add rip rap for shoreline stabilization, on property located
at 1438 Island Road, adjacent to Back Sound, in the Community of Harkers Island,
Carteret County, North Carolina.
LUP Consistency Determination: The proposal is Consistent With &Not in Conflict with the
1996 Carteret County Land Use Plan certified by the CRC on
November 19, 1999, provided that all applicable local, state,
and federal development guidelines are met.
Overview:
Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters and
Public Trust Waters. The Waters at the project site are classified as SA-ORW and are open to the
harvesting of shellfish. The area is not a Primary Nursery Area.
The Carteret County Land Classification Map designates the subject property AECs as
"Conservation". Development within the designated AECs is limited by CAMA regulations and
development guidelines. Applicable or related policy includes the following:
"Carteret County supports the use standards for estuarine, public trust and ORW wasters
as specified in ISA NCAC 7H.0207."(Section IV Marine Resource Policy (a), pg. IV-
14)
"All construction along estuarine shoreline will be in accordance with Carteret County
Subdivision and/or Zoning Ordinance." (Residential, Commercial, and Industrial
Development Impacts on Resources, Policy(d),pg. IV-14)
Cc: Tere Barrett, Morehead City District Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division SVG 7 J `
Action ED. )60S l0 _ Applicant: S(e�AN Creel fiurm�
Waterway: County: CCE Type Work: Arkjelrc/f, //
Mr.Ron Sechler Commanding officer
National Marine Fisheries United States Coast Guard
Service,NOAA 431 Crawford Street
Pivers Island Portsmouth,Virginia 23704
Beaufort,North Carolina 28516
Mr.Ronald J. Mikulak,Chief Without enclosures
Wetlands Section—IV
Water Management Division Mr. Doug Huggett
U.S. Environmental Protection Agency Division of Coastal Management
61 Forsyth Street,SW NC Dept of Environment and
Atlanta, Georgia 30303 Natural Resources
400 Commerce Avenue
Mr. Pete Benjamin, Field Supervisor Morehead City, North Carolina 28557
Fish and Wildlife Enhancement
U.S.Fish and Wildlife Enhancement Vl
Post Office Box 33726 i Regional Office
Raleigh,North Carolina 27636-3726 Division of Coastal Management
NC Department of Environment,Health
Commanding Officer and Natural Resourc s
United States Coast Guard - UDC
Marine Safety Office SS 7
721 Medical Center Drive Suite 100
Wilmington,NC 28401 M Mr.David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: Charleston, South Carolina 29412-9110
Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a
State Field Investigation Report is enclosed. Your comments and/or recommendations would be
appreciated on or before 9_�-OS�-OS
Questions or comments may be addressed to the undersigned, available at telephone
[phone].
Sincerely,
Henr�licker,Project Manager
Wilmington Regulatory Field Office
Enclosure
1

O�OF W ArFRPG Michael F. Easley, Governor
W �q
William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
August 8, 2005 ai
Mr. Nick Weaver
Sleepy Creek Farms, Inc.
PO Box 10009 AUG 16 2005
Goldsboro, NC 27532
Subject: EXEMPTION Morehead City DCM
Stormwater Project No. SW8 050803
Sleepy Creek Farms Project
Carteret County
Dear Mr. Weaver:
The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA
Major Permit Application for repair/replacement of pier on August 1. 2005. Staff review of the
plans and specifications has determined that the development activities proposed at this time
will not pose a threat to surface water quality from stormwater runoff. The Director has
determined that projects that are reviewed and approved by the Division as not posing a water
quality threat from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you
that your project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater
runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES)
stormwater discharge requirements. You are required to have an NPDES permit for
stormwater discharge from projects meeting these criteria. The stormwater rules require the
Division to permit the common plan of development, therefore, any future development on the
property, regardless of whether a CAMA Major permit is also required, will require a
Stormwater Management Permit application and permit issuance from the Division of Water
Quality prior to any construction.
If you have any questions or need additional information concerning this matter please contact
Ms. Linda Lewis at [phone].
Sincerely,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENB/arl: S:\WQS\STORMWAT\CAMA\050803.aug05
cc: WiRO, DCM
Katrina Marshall, Carteret County Inspections
Doug Huggett, DCM
Linda Lewis
Wilmington Regional Office
Central Files
North Carolina Division of Water ouality 127 Cardinal Drive Extension Phone[phone] One
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet: www.enr.state.nc.us NorthCaro/l/ina
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NCDENR u. AUG 1 2005
North Carolina Department of Environment and Natural Resources
Division of Coastal Ma ement H FMSEWA�OH�CE
Michael F, Easley, Governor Charles S. Jones, William G.Ross Jr., secretary
July 26, 2005
q 09- 1750
Gc
MEMORANDUM: 4�5� 1B
%.
TO: Renee Gledhill-Early C4- I L
NC Department of Cultural Resources OC�f
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE C d`o�
AUG 0 5 2005
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 1 10%Post Consumer Paper

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
RECEIVED
July26, 2005 AUG o 1 2005
B g ��o �o3
MEMORANDUM: ,(
TO: Linda Lewis .
Noel Lutheran
Division of Water Quality
AU6 z685
FROM: Doug Huggett
Major Permits Processing Coordinator Morehead City DCM
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: X 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 r G DATE 0 — ¢—0
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

of
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
July 26, 2005
MEMORANDUM:
TO: Maureen Meehan, District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE I
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
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RCDENR
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
July 26, 2005 -128
MEMORANDUM:
TO: Maria Tripp JUL 'P
_ RECEIVED
NC Wildlife Resources Commission Hill itAt rn
FROM: Doug Huggett �l� 1'afal ��0
Major Permits Processing Coordinator �9�sl b t
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED arr DATE B- q-ZJoS
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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4' .0
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
1
July 26, 2005 �005
Morelead City
�t� �� 4
TO: Lee Padrick
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005. If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �� DATE q —cD S
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.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 G. Ross Jr.,Secretary
July 26, 2005
MEMORANDUM:
TO: Local Permit Officer
Carteret County
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: U/ This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNE ' 0 `'U-o, DATE - dt — 0 J
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 1 10%Post Consumer Paper

A7i*
NU ENR
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
July 26, 2005
MEMORANDUM:
AUG - 2 2005
TO: Joe Henderson
State Property Office
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
f
SIGNED ATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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LT��WA (V
4 0 0
PCDENR
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
July 26, 2005
M
MEMORANDUM: \k D U
TO: Patti Fowler AUG _ I L
Shellfish Sanitation I :
SHELLFISH SANITATION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE 0 ( /
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

C�
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
July 26, 2005
MEMORANDUM: /(
TO: Mr. Dan Sams
J
For Mr. James Simmons
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
XThis 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 y4uST 10 , Z ooS
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net

� • .
Q !� 2�1
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
July 26, 2005
MEMORANDUM:
TO: Mike Street JUL 2 9 2005
For Mr. Preston P. Pate, Jr., Director DMF.HABITAT
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMAJDREDGE &FILL Permit Application Review
Applicant: Sleepy Creek Farms, Inc.
Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.
Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005.If you have any questions regarding the proposed project,please contact Mark Hardeman
at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �ti 0�� DATE 6S
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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Development Type FEE OCM% DWQ 9L
(14300 1601 435700093 1625 6253) (24300 1602 435100095 2341
I. Private,noncommercia!
development that doe of involve $250 100%($250) 0%(SO)
the filling or excavati n of any
wetlands or open water areas:
�7
II. Public or commercial development
that does not involve the filling or $400 100%($400) 0%($0)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,B,C,or D
below applies:
III(A). For Private,non-commercial
development,If General water Quality S250 100%($250) 0%(SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development,if General water Quality $400 100%(S400) 0%(SO)
Certification No.3301(see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301 (see attached)
could be applied,but DCM staff
determined that additional review and S400 60%(S240) 40%(S160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water uality
Certification No.3301 ee atta ed) $400 60%(5240) 40%($160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more S475 60%(S285) 40%(S190)
than one acre of wetlands and/or
open water areas:

R
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
Legal Advertisement Section
Re: Public Notice Sleepy Creek Farms, Inc.
To Whom It May Concern:
Please publish the attached Notice in the July 29, 2005, issue of the Carteret News Times.
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, NC Division of Coastal Management, 1638 Mail
Service Center, Raleigh, North Carolina 27699-1638, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely,
Mark Hardeman
Coastal Management Representative
mah
Enclosure
cc: Doug Huggett, Major Permits Coordinator
Tere Barrett, District Manager
151-B Hwy.24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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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 June 22, 2005.
According to said application, Sleepy Creek Farms, Inc. has applied to Construct a riprap
bulkhead at 1438 Island Road in Harkers Island within the Estuarine Shoreline Area of
Environmental Concern adjacent to Back Sound, Carteret County.
A copy of the entire application may be examined or copied at the office of Mark
Hardeman, NC Division of Coastal Management, located at 400 Commerce Avenue,
Morehead City, NC, [phone] during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management,
Hestron Plaza II, 151-B Hwy 24, Morehead City, N.C. 28557, prior to August 18, 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.
PUBLISHED ON: July 29, 2005
151-B Hwy.24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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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
July 26, 2005
Sleepy Creek Farms, Inc.
C/O Nick Weaver
P.O.Box10009
Goldsboro, NC 27532
Dear Mr. Weaver:
The NC Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located 1438 Island Road, Harkers Island, Carteret County. It
was received on June 22, 2005, and appears to be adequate for processing at this time, The projected
deadline for making a decision is September 5, 2005. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a final action by
the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter will
be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from the June 22, 2005, 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.
Sincerely,
-/ VIAL
Mark Hardeman
Coastal Management Representative
Enclosure
cc: Tere Barrett, District Manager
Doug Huggett, Major Permits Coordinator
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

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AMA MIT
APPLI F R
PROJECT: e� �JE'��� ����'Ll5 ���• �� - �.� ��/�'�l CFI
COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
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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
SECTIONSENDER: COMPLETE THIS • DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. [3Agent
X
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. Received by(Pdipd Name) C. Da a of D livery
■ Attach this card to the back of the mailpiece, G�.`y� a o ��i
or on the front if space permits.
D. Is delivery address different from item 17 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
E 1 bem" C Gfisi<,I'
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1�Q^r'1 if✓4-S �S��y/l�. ` ' 3. Se ce Type
Certified Mail ❑Express Mail
M3j ❑ Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7 y�qq 3 40 ©O I/ E0159 EO 7
(Transfer from service label) (J `7 `7 IJ ( V
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
comALETE THIS SECTION • . ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X [3 Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. of peftvery
■ Attach this card to the back of the mailpiece, ��P ri
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or on the front if space permits.
D. Is delivery address different from Rem 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
v I - C �n t P 3. Service Type
��/ krCertified Mail ❑Express Mail
�P Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) /❑Yes
2. Article Number r1�q D 40() S g S-V2
(Transfer from service label) ` LJ �`'
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%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 G. Ross Jr.,Secretary
Postal
CERTIFIED
(DomesticOnly; • .
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Ul Postage $ s
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ra Return Receipt Fee vV re w
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400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

- PY
Ww�m CAROLINA,CARTERET COUNTY
CO
TAs isregoing certifioate(s)of Notary Public(s) is/are
v�9rNfied to be correct.This instf lrnent and this cert ti-
cate are duly regist et! at the dr.te and time in
the gook and Page hown on the first 8 h eot.
CARTERET COUNTY rue Arthur, t r of s
19450 11/04/2004
1 016.00 B P490W of irrATE OF Real Estate
G' L Excise Tax INA Melanie Arthur
COUNTY 4P
w �.�.
HD Date 11/04/2004 Time 16:28:00
OR 1082255 Page 1 of 4
Prepared by: JAMES W. THOMPSON, III
NORTH CAROLINA WARRANTY DEED
CARTERET COUNTY PIN#7335.20.81.9101000
STAMPS $1016.00
yty Nod.
This Deed, made this Is'-tfrday of OeWb4u, 2004,by and between JOHN WILLIAM
CARR AND WIFE, FRANCES P. CARR,hereinafter referred to as the"Grantor" (it being
fully understood and agreed that any pronoun or other word used herein shall be construed as
singular or plural, and of the masculine, feminine, or neuter gender, as the context may indicate
or require) and SLEEPY CREEK FARMS, INC.,A NORTH CAROLINA CORPORA-
TION, of P.O. Box 10009, Goldsboro, North Carolina, 27532, hereinafter referred to as the
"drantee"(it being fully understood and agreed that any pronoun or other word used herein shall
be construed as singular or plural, and of the masculine, feminine, or neuter gender, as the
context may indicate or require);
WITNESSETH:
THAT THE GRANTOR, for a valuable consideration to Grantor paid by the Grantee,
the receipt of which is hereby acknowledged,has bargained and sold, and by these presents does
hereby grant,bargain, sell and convey to the Grantee, Grantee's heirs, successors and assigns,
that certain parcel of land situate in Harkers Island Township, Carteret County,North Carolina,
and more particularly described on Exhibit "A" attached hereto and made-a part hereof.
BOOK ID�o� PAGE

PPP
7--
TO HAVE AND TO HOLD said tract or parcel of land, and all privileges and
appurtenances thereunto belonging or in any way appertaining to the said Grantee, Grantee's
heirs, successors and assigns, forever.
AND THE GRANTOR does covenant that Grantor is seized of said premises in fee
simple and has the right to convey the same in fee simile;that the same is free and clear of
encumbrances, except as herein set forth; and that Grantor will warrant and defend the said title
to the same against the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has hereunto set Grantor's hand and seal,
the day and year first above written.
�� ((SEAL)
OHN WILLIAM CARR, Grantor
(SEAL)
IFCES P. CARR, Grantor
STATE OF /y
0—a y COUNTY
�too l"4,! -
I, a Notary Public, do hereby certify that JOHN WILLIAM CARR, Granto
appeared before me this day and acknowledged the due execution of the foregoing ;
Witness my hand and notarial seal, this '�I � day of44QWaer, 2004. i a A.
v J
fj
,Notary Public CA
My Commission Expires: Vul
GE
30011 _�Q _ PA �SS-

FFPP'
PP!'TATE OF
yo t-A.,:A COUNTY
I, a Notary Public, do hereby certify that FRANCES P. CARR, Grantor,personally
appeared before me this day and acknowledged the due execution of the foregoing Deed.
Witness my hand and notarial seal, this 13?~ day of October, 2004.
Notary Public
My Commission Expires:
�n rty� Deborah A BoeYen
My commission/0100908
"�� o•P Expires March 17 2006

Exhibit"A"
Lying and being in Harkers Island Township, Carteret County,North Carolina, and more
particularly described as follows:
Beginning at an existing concrete monument located in the southern right-of-way margin
of Harkers Island Road (S.R. 1335), which concrete monument is located the following
courses and distances from the point of intersection of the centerline of said road and the
centerline of Island Oak Circle: South 70-51-06 East, along the centerline of Harkers
Island Road, 58.29 feet to a pk nail; South 16-47-53 West, 29.93 feet to a concrete
monument in the southern right of way margin of Harkers Island Road; S 70-49-25 E,
along said right of way, 140.30 feet to a concrete monument,the point of beginning of
the hereafter described property; from said point of beginning so described, runs thence
S 16-55-30 W, 201.85 feet to a concrete monument; thence N 72-21-44 `dV, 13.30 feet to a
concrete monument;thence S 17-00-00 W, 174.98 feet to an iron rod; thence in the same
course, 23.22 feet to the high water mark of Back Sound;thence a generally
northwesterly course, along and with said high water mark of Back Sound,to a point
which lies N 62-06-00 W, 129.50 feet from the prior point; thence N 17-00-00 E, 2.38
feet to an iron rod; thence in the same course 119.83 feet to a concrete monument;thence
in the same course 106.40 feet to a concrete monument;thence in the same course 152.13
feet to a concrete monument in the southern right of way margin of Harkers Island Road;
thence S 70-49-25 E, along said right of way, 140.30 feet to the point of beginning.
Courses and distances used herein are taken from that survey entitled "Sleepy Creek
Farms, Inc."prepared by James I. Phillips Land Surveying, P.A., dated 10-24-04.
It is the intention of the Grantor to convey to Grantee all of that property acquired by
Grantor herein by deed dated September 17, 1981 of record in book 458, page 234,
Carteret Registry. Any property acquired by Grantor by said deed which is not included
within the above surveyed description is quit claimed by Grantor to Grantee by this
instrument.
C:/LAW OFFICE/HGM/DESCISLEELPYCPEEKDESC.DOC
BOOK a PAGE 0755-