19860173 Ver 1_COMPLETE FILE_19860101

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
June 26, 1986
SUBJECT: File No. SAWC086-N-016-0277
Leeward Harbor
c/o Mr. William Fuller
Wilmington Investment, Inc.
Post Office Box 2064
Wilmington, North Carolina 28402
Dear Mr. Fuller:
RECEIVED
JUN 3 0 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference your application for a Department of the Army permit
to excavate 125 cubic yards of material from a 50-foot by 25-foot
area and to bulkhead and backfill 40 feet of shoreline on Bogue
Sound in Morehead City, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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 Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
A
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from ?P_cpl?rdC
cL'
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions.:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases.of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after.a reasonable opportunity for dilu-
tion and mixture.
Tha-t-.turbidity_.,leyelsin_ shall not be increased
by more than 170- I?TII'"s as atof tiie pese?t =after: _:a-_s-p-ason-
able opportunity for dilution-and mixture..
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on.
or after
The proposed project is.certified.
under General Certification S ,;
A) No. 1179 issued on January 25 D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
No. 1272 issued on November 10, No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal. construction.
areas.
WATER QUALITY SECTI N
DIVISION OF ENVIRONMENTAL MANAGEMENT

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State-Federal CAMA Permit(s) , from
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of.the permit(s)-for the proposed
project with the following conditions.:
That the.activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases.of 25 NTU's.or less are not considered
significant).
That-- turbidity not be increased by:"mor.e than 50 NTU's as a
bw?

shall no.t-be increased
by more .than E < s a
, bleMopportunity fo- d'ilu`tion' and mixture
s '.
B. CERTIFICATION STATUS:
Certification is, not required.
for this project.
Certification is required for
this project. Such action to:
process the certification has
been initiated. Proposed
Cert-if icaiion .will be acted on ..
or after

The proposed project is.c.ertified.
under General,Certification
A) No. 1179 issued on January 25,.: D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
No. 1272 issued on November 10 No. 1664 issued on September 8,
"---?? 1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November-10, F) No. 1665 issued on September 15,
1978, for discharges-of liquid 1983, for incidental bridge
effluent from diked upland disposal, construction.
areas.

_WATE R QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. PERMIT:
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
May 22, 1986
Bill Mills
Operations Branch
David. H. Cotton
Wilmington Regional Office
A. Preston Howard, Jr. .`
Wilmington Regional Office
RFC !, I/ED
ii1(:? ; 4 l i_ I TY c N
BrANCF-I
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Leeward Harbor Inc. Morehead City
Carteret County
The applicant proposes to conduct maintenance excavation and construct a 50'
bulkhead. The project is located on Bogue Sound west of State Port and east
of the southern terminus of Third Street, the waters are classified SC.
The project has been reviewed to determine impacts on water quality. The
following comments are provided:
1. The project will require 401 certification, but should meet the conditions
of a general 401 certification for bulkhead construction and rip-rap
placement.
2. This office has no objections to the project as proposed.
DHC:kc
cc: DCM - Jim Mercer
WiRO
CF
OFFICE OF COASTAL MANAGEMENT MODIFICATION OF
-- FIELD INVESTIGATION REPORT PERMIT NO. 33-8 3
1. Applicant's name LEEWARD HARBOR, INC. (Wmn. B. Fuller)
2. Location of project, site at Morehead Ships Chandler, west of
N. C. PORT, east of Leeward ar or
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 4-21-86
(B) Was applicant present yes
5. Processing procedure: Application received 4-28-86 Office Morehead City
6. Site description: (A) Local Land Use Plan !Morehead City
Land classification from LUP. eveloned/Conservation
Development constraints identi in LUP
none
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters X Other 10,
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing amity water and sewer
Planned
(F) Type of structures: Existing _Leeward condos and port related business
Planned bulkhead and dredge
(G) Estimated annual rate of erosion ^ 3' Source personal observation
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
none
(B) Non-vegetated wetlands:
Bottomland 1,250 scf.ft. 200 sq.ft.
(C) Other:
r?
(D,) Total area disturbed: Apex. 1 . 450 so. ft.
8. Project summary An licant proposes to conduct maintenance excavation and
construct a 50' bulkhead with backfill
9. Narrative description
The project site is located in downtown Morehead City on the water-
front immediately east of Leeward Harbor.Condominiums on the pro-
perty of the Morehead Ships Chandler, Inc., just west of the State
Port. Leeward'Harbor proposes to modify their CAMA Permit No. 33-83
to help their neighbor in correcting an erosion problem which is caus-
ing a critical shoaling problem in the immediate area east of the
Leeward Harbor floating dock. The shoaling problem has caused
structural damage in the support mechanism of the floating dock sys-
tem in this area.
Leeward Harbor is acting in concert with their adjacent property owner
(Ships Chandler) to take remedial action along the shoreline. The pro-
posed excavation and bulkheading proyect will mutually serve both
parties. The area to be excavated approximates 50' long by 25' wide
and includes an old remanent shoreline covered with riprap rubble
that has in recent times slumped further into the waterway. The
project as proposed will excavate the area to -3' on MLW, removing
the riprap material and placing all spoils landward of the proposed
50' bulkhead. The new bulkhead will completely arrest the upland
bank erosion which seems to have started the problem.
10. Anticipated impacts
The project site contains no coastal wetlands vegetation or submerged
grass beds. The area to be excavated has been under significant
change due to the bank erosion in recent years and is not considered
a significant contributor to the local ecology. If the project is
completed,.it will correct a number of problems facing the applicant'
and his neighbor.
LAMA Review
The proposed project appears to be consistent with the LUP for More-
head City. No known development constraints exist and the project
appears to be consistent with local zoning requirements.
i
Submitted by James L. Mercer Date May 9, 1986
APPLICA7 ION n r, -
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICATION '
---------- -------
EASE.MENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration . State of North Carolina Department of the Army
IGS 14612) Departeent of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name • LEEWARD HARBOR, INC. - bJilliam B. Fuller (Modification to Permit Nos 33-83)
Last First Middle .
B. Address P. O. Box 2046
Street, P. O. B6x or Route
Wilmington, NC 28402 [phone]
City or Town State • . Zip Code Phone
11. Location of Proposed Project:
A. County Carteret
B. 1. City, town, community or landmark:
r?
2. Is proposed work within city limits? -Yes =moo
C. Creek, river, sound-or bay upon which project is located or nearest named body of water to project
RtntP Pnrt,
Ill. Description of Project Modification of Permit No. 33-83 to stabilize
A. 1: Maintenance of existing z clnl1 2. New work swthwPestP"' °x of?nrnppxty--a )<j} t4D-
P?.- ---
B. Purpose of excavation or fill Leeward Harbor Condominium Marina
1. Access channel length width depth
2. Boat basin
3 F ill area -
length width depth
length width,_.._ depth
4. Otherky'nac atinn length ?De width 951 depth Re
C. 1. Bulkhead length 501 Average distance watenvard of %lI-iW (shoreline) 4e
2. Type of bulkhead construction (material) Treated timber -
U. Excavated material (total for project)
1. Cubic yards 125± 2. Type of material Sand -
E. Fill material to be placed below M14W (sec also VI. A)
1. Cubic yards _ ?N A 2. Type of material 14 ? A
IV. Land Type, Disposal Arta, and Construction Equipment:
A. Does the area to he ex(;_tvited include any marshland, swamps or other wetland? Yes No X _
B. Does the dispo,al area include any marshland, swamps or other wetland? Yes No X
C. Disposzl Area High ground behind proposed bulkhead, any excess to be trucked.
1. Location-
2. Do you claim title to disposal-dreg? No
1). 1- Ill nwterial source if till is to be trucked in N/A
L. I low will exr.tvated nmieriai 1-e c•ntr,ippcd and erasion controlled? )<roposed bulkhead and filter cloth _ -
I) po of celu?pnu•nt to (?r u?rd ?$C,khQQ,_
Will marshland be (1 -,-'d in tran.portin9 equipment to project site? If yes, explain No ---
Sr-il
A. 1. Private Residential - Leeward Harbor Condominium protect
•2. Commercial
3. dousing Development or Industrial
?, Other
B. 1. Lot size(s) 155' x 470'
2. Elevation of lot(%) above mean high water P1110 51
3. Soil type and texture Sand
4. Type of building facilities or structures Existing residential-condominium _and r:nmmerr_ial
5. Sewage disposal and/or waste water treatment A. Existing m»nir.ip:;1 Planned
B. Describe
6. 'Lahd Classificatioh*(c" DENTLOPED / TRANSITIONAL COMMUNITY RURAL
CONSERVA;F1 'HER (See CAMA Local Land Use Plan Synapsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes No x
2. Type of discharge N/A
3. Location of discharge NI'A "+--
VII. Present rate of shoreline erosion (if known): 3' per year -
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: C AMA Permit Nn 13-93
IX. Length of time required to complete project: 30 days - -
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
-permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8!4 X 1 l" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Entcr date served Apn 5, 86
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Leeward Harbor Homeowners Association - 211 Arendell St. - Morehead City, NC
X1. Certification requirement: I certify that to the best of my knowledge., the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
eation and plat. Applicants should! therefore describe in the application and pl it all anticipated devel-
opment activities, including constructio(i, excavation, filling, at id land clearing.
)f'1; T. ? 4/24/86
Apt)Giant's Sit; t.tturc
t; William B. Fuller - LeewaCi-1--1 . bor, Inc.
oxr-62 SEE.REVL:I:SF SIDF FOR MAILING INSIRUCTIONS
Rev. 10178
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Regulatory Branch
May 12, 1986
SUBJECT: File No. SAWC086-N-016-0277
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
MAY 14 1986
WATER QUALITY SECTION
OPE-Ri0HIDN'S BRANCH
Enclosed is the application of Leeward Harbor/ William Fuller
for a Department of the Army permit and a State Water Quality
Certification to dredge and bulkhead and backfill in Bogue Sound,
Morehead City, Carteret County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by July 7, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
ha s W. llis
hie , Regulatory Branch
Enclosure
0
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Are
lot,
-?A
State of North Carolina MAY 5 ?.3?
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
David W. Owens
James G. Martin, Governor Director
S. Thomas Rhodes, Secretary
Field Services Section
PO Box 769
Morehead City, NC 28557
919 726-7021
mMr. William B. Fuller, Pres.
Wilmington Investment; Inc.
PO Box 2046
Wilmington, N. C. 28402
Dear Bill:
This Division of Coastal Management hereby acknowledges re-
ceipt pf application for modification of Permit No. 33-83 on
behalf of Leeward Harbor. The application was received in
our office on April 28, 1986, and considered "complete" upon
receipt of the authorization (on April 30, 1986) from more-
'head Ships Chandler, Inc.' The package now appears complete
to initiate processing. The projected date for a decision
is August 14, 1986. An additional 75-day review period may
become necessary and if so-you will be notified of the exten-
sion and a new deadline.
An onsite inspection will be made and if additional informa-
tion is required you will be notified by the appropriate
state or federal agency.

JLM/rt
CC Dave Baker, Corps of Eng.
Cordially yours,
mes L. Mercer
ield Consultant

P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
,, ; j' , -, ?y .?J ;1 `:,? ?•? tai
APPLICATION
/ -?
FOR
---_'-
PKMI1 10 EXCAVATL AND;OR FILL WATI".R QUALTrvuRTIFICA I ION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(Gi 146.12) Department of Natural ReSOUNCS and Community Development Corps of Engineers, Wilmington District
(GS 113.229, 1.13.215.3(x)(1), 1.13.215.3(c), 113A•118 (33CFR 209.32U•329)
,MAY, ,5 x.9A
Please type or print and fill in ,II blanks. li Iltfornlation is not a{)plicable, so indicate by placing N/A in,?J jtlk.n
Applicant Inforinatiun
A. Nance LEEWARD HARBOR, INC. - William B. Fuller (Modification to Permit No. 33-831
Last First Middle
B. Address P. O. Box 2046
Street, P. O. Box or Route
Wilmington NC 28402 [phone]
City or Tuwn State , Zip Code Phone
II. Location of Pruposed Project:
A. Counly Carteret
B. 1. City, town, coiniounity or landmark Morehead %it just east of Leeward Harh r Cnn nmininm_
2. Is proposed work within city limits? el es -ee
C. Creek, riser, sound or bay upon which project is located or nearest named body of water to project 130guei i2UUd• Wit of
III. Description of Project Modification of Permit No. 33-83 to stabilize
A. 1. Maintenance of existing jtfxj*, X Slajlt:.?_ 2. New wort: swth jacaa-ta--
B. Pug,: ,sc of exca4,ttlon of- fill Leeward Harbor Condominium Marina
I . ,!cccti, ?I,anncl
length :v:idth depth
Iengili v.idth depth
:3. I- ill area length width-_ depth
4. 01herFx,^.avatinn length 501 width 251 depth 31
C. I. Bulkhead length 501 Average distance waterward of MH\'d.(shoreline) 4'
2. Type of bulkhe:d constrU.,6011 (rnateriil) Treated timber
D. Lxc.ivated material (total for project)
1. Cubic y.ird; 125± 2. hype of material _Sand
L. I ill m ateii,al to be placed iwlow MI lIX (see dlsu VI. A)
1. Cubic yards _2. hype of material
IV. land Type, Disposal l--.r:a, and Construction Equipment:
A. D ??s the .tna h, h? rx?_natrd in?lu?!c any marslll:utd, swamps or other wetland? Yes No X
B. 1)u; N the dispu,.tl Me.11 inClude any marshland, sw.anips or other wetland? Yes No X
C. Dispos--l Area High ground behind proposed bulkhead, any excess to be trucked.
1. Location .-•
2. Do you claim title to disposal area? No
D. I ill nwlcfial suuMc it lill i> t(V be Irt:ck('d in N/A
L. 1!.)t, ;;iil cxC.nat:d 111.11eri.il 1 ,o entt.l;)ped and eaosion controlled? Proposed bulkhead and filter cloth
1 I ? {?r t,l rilu+{unrnl Iu i?r c?.?l_???1{liQ? --_
i,. t?.ul c.luiJ',nrnt I0 111010LI silt? it )CS, explain _ NO _? _--? -- --
I:.\. i -I:I
•. • ervatc Res'denti 1 Leeward Harbor
' Condom
i i m ro'e
2. Commercial
3. )-lousing Develuprncnt or Industrial
"Other
B. 1. Lot size(s) 155' ,
2. Elevation of lot(s) above mean high water
r
3. Soil type and texture Sand
4. Type of building facilities or structures Existing
S. Scwage disposal and/ur waste water treatment A. Existing mrrnirinal ?
B. Describe 1lartncJ
6. 'Land Classification'(circle one)/ VLLCf ED '
TRANSITIONAL COMMUNITY RURAL.
CON SERVATIUIV Ol'IIER
VI. Pertaining to fill and 1;'ater Quality: (See CAMA Local Land Use Ilan Synopsis)
A. Does th- proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project cumplction? Yes
No x _
2. Type of discharge N/A
3. Location of discharge N/A
_
VII. Present rate of shoreline erosion. (if known): 3' per year
VIII. List permit mumbers and issue dates of previous Department of Army Corps of Engincers or State permits for
work in project area, if applicable.
' LAMA PRarmit *T., oo -
1X. Length of ti,!re required to complete project:
X
In additiun to the comrleted ;.pplication form, the following items must be provided:
A. Attach a copy of the d._d (with State application only) claims title to the affected property. OR if applicant is nut t or other i`ost?ument und;:r which applicant
then for ward a copy of the decd or other instrument under which tie owner claims title pfiu p?vo tte,[n
permisaron from the unner to carry out the project on his land.
B. Attach in 1
C.
D.
e curate wurk pLet drawn to scale on 8%, X 11" white paper (sec instruction booklet for
details). Note; Orioir,dl drawings preferred - only high quality copies accepted.
A copy of the.application and plat must be served upon adjacent riparian landowners by registered or
eertifie;; mail or by publication (G.S. 113-229 (d))Entcr date served pri 5, 1 86
List names '111(i eomPlrtc addresses of the; riparian landowners with property adjoin'
Such owners have 1O days in which to submit eonuncnts to agencies listed below, g PI hc,.nt's.
T. N. Davie Tnrl-+-;, -
Leeward Harbor Homeowners Association - 21
1 Arendell St. - Morehead Cit NC
-------------
XI. Certification requirement: I certify that to the best of my knowledbe, the proposed acti
with the state of \'orth Carolina's approved coastal mana?cment program and will be conducted in a
manner consis vity complies
tent with sue h program.
XII. Any perrttit issued pursuant to this apPlication will allow only the development descrit,cu ' in this appli-
cation and)- plat. Applicants should therefore (Describe in the: application and pllI all anticipated devel.
opmcnt activities, including construction, excavation, filling, ?tnd land clearing.
- 11. 4/24/86
William B. Fuller - Leewards - rarrbor, Inc.
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rk OFFICE OF COASTAL MANAGEMENT MODIFICATION OF
PERMIT NO
33-83
I FIELD INVESTIGATION REPORT .
LEETIARD HARBOR' INC. (Wmn. B. Fuller)
1. Applicant's name
2. Location of -project site at Morehead Ships Chandler; -- Inc. west of
N. C.--,PORT, east of Leewar ar or.
3. Investigation type: Dredge & .Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 4-21-86
(B) Was applicant present ye s
5. Processing procedure: Application received 4-28-86 Office Morehead City
6. Site description: (A) Local Land Use Plan '-''forehead City
Land classification from LUP eveloped/Conservation
Development constraints identi'in LUP
none
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters x Other
(C) Water dependent: Yes 'X No Other
(D) Intended use: Public Private x Commercial
(E) Type of waste water treatment: Existing City wat r and s -w r
Planned
(E) -Type. of structures: Existing Leeward condos and port related business
Planned bulkhead and dredge
(G) Estimated annual rate of erosion 3' Source personal observation
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
none
8.
(B) Non-vegetated wetlands:
Bottomland 1,250 sq.ft. 200 sq.ft.
(C) Other:
1
r
(DTotal area disturbed: A,pnx 1.450 sc!. ft
Project summary Applicant proposes to conduct maintenance excavation and
construct a 50' bulkhead with backfill.
9.
y
r
Narrative description
The project site is located in downtown Morehead City on the water-
front immediately east of Leeward Harbor Condominiums on the pro-
perty of the Morehead Ships Chandler, Inc., just west of the State
Port. Leeward Harbor proposes to modify their CPMA Permit No. 33-83
to help their neighbor in correcting an erosion problem which is caus-
ing a critical shoaling problem in the immediate area east of the
Leeward Harbor floating dock. The shoaling problem has caused
structural damage in the support mechanism of the floating dock sys-
tem in this area.
Leeward Harbor is acting in concert with their adjacent property owner
(Ships Chandler) to take remedial action along the shoreline. The pro-
posed excavation and bulkheading project will mutually serve both
parties. The area to be excavated approximates 50' long by 25' wide
and includes an old remanent shoreline covered with riprap rubble
that has in recent times slumped further into the waterway. The
project as proposed will excavate the area to -3' on MLW, removing
the riprap material and placing all spoils landward of the proposed
50' bulkhead. The new bulkhead will completely arrest the upland
bank erosion which seems to have started the problem.
10. Anticipated impacts
The project site contains no coastal wetlands vegetation or submerged
grass beds. The•area to be excavated has.been under significant
change due to the bank erosion in recent years and is not considered
a significant contributor to•the 'local ecology. If the project is
completed, it will correct a number of problems facing the applicant
and his neighbor.
CAMA Review
The proposed project appears to be consistent with the LUP for More-
head City. No.known development constraints exist and the project
appears to be consistent with local zoning requirements.
l
r
Submitted
I
by James L. Mercer Date May 9, 1986
APPLICATION
FOR
WAfiFR QUALITY CERTIFICATION `' ?? '? -+L1 LllL7
PERMIT TO EXCAVATE AND/OR FILL _____
EASEMENT IN LANDS COVERED BY WATER CAMA-PERMIT FOR MAJOR DEVELOPMENT
0
Department of the Army
mington District
Department of Administration State of North Carolina ' Corps of Engineem, (GS 146-12) Departrngnt•of Natural Resources and Community Development 33 CFR 209.320-329)
(GS 113.229,1,13.215.3(a)(1), 143.215.3(c), 113A-118
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name ' Lg HARBOR, INC. - VAlliam B. Fuller (Modification to Permit No 33-831
Last First Middle .
B. Address P. O. Box 2046
Street, P. O. Box or Route
Wilmington, NC 28402 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Carteret
B. 1. City, town, cornmunay or landmark eMOrehead Cit peat a dominmm_
2. Is proposed work within city limits? aes ?o -
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project $,Q=..s5 Ud--.?t-Qf
qt try Pnrt.
Ill. Description of Project Modification. of Permit No. 33-83 to. stabilize
2. New worl: sW1tiLw.e.Si<er4l-.Go??-^f i"?r^p w-64?
A. 1.. Maintenance of existing pf? --,I^t?P
B. Purpose of excavation or fill Leeward Harbor Condominium Marina
1. Access channel h ngth width depth
2. Boat basin length width depth
z3. P ill area length width- depth
• -
4. OtherF°ravatinn length i2L_width .251 depth ?-31 _
C. 1. Bulkhead length 5W Average distance waterward of h1HW (shoreline}4' ------?---
2. Type of bulkliead construltion (material) Treated .timber
U. Excavated material (total for project) Sand
1. Cubic yards _ 125± 2. Type of material
E. Fill material to be placed below MHW (see also VI. A) I?/A
1. Cubic yards _-? 2. Type of material
IV. Land Type, Dispos,a1 Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No _K___
B. Dues the dispo,al area include any marshland, swamps or other wetland? Yes No x
C. Disposal Area High ground behind proposed bulkhead, any excess to be trucked.
1. Location
_
2. Do you claim title to disposal area? No
U. Fill material source if till is to be trw;ked in
1
L.j Fh>w will excavated material be entrapped and erosion co,ntrolled7Proposed bulkhead and fi tee - -
I I ) re of equipment to lie used _lBrIb .e-
Will marshland be crclswd in transporting equipment to project site? If yes, explain NO
D3cf •111
P- 111171:
A. I Private' Residential - Leeward Harbor Condominium, project
7. Commercial
3. Mousing Development or Industrial z
4 Other
B. 1. Lot size(s) 155' x 470'
-- ---
2. Elevation of lot(%) above mean high water plng 51
3. Soil type and texture Sand
4. Type of building facilities or structures Existing residential-condominium and commercial
S. Sewage disposal and/or waste water treatment A. Existing mimic; awl _ Planned
B. Describe _
6. 'Land Classificatioit'(c' e D 1"LLOPED ; TRANSITIONAL COMMUNITY RURAL
CONSERVATtf? THER (Sec CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1.. Will any runoff or discharge enter adjacent waters as a result of project a-ctivi`ty or planned use of the
area following project completion? Yes-No X
2. Type of discharge N/A
3. Location of discharge N/.A
VI 1. Present rate of shoreline erosion (if known): 3' per year -
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: f' AMA Permit Nn 43-R3 ._?
.IX. Length of thne required to complete project: 30 days -
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
elaims.title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
"permission from the owner to carry out the project on his land.
B.. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details): Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served April 25, 1986
D. List narnes and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed h^!ow. .
J 'Pd Davis Industries Second & Arendell St. - Mor "h . "d C:i v, NG
Leeward Harbor Homeowners Association - 211 Arendell St. - Morehead City, NC

XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
gtion and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, ar land clearing.
t;
DA T 4/24/86
t Alipli •ant's Sig 1.1turc
?r William. B. Fuller - Leewa J. bor, Inc.
c)&r-o2 SEE 11M.'ItSE sibr. FOR MAILING INSTRUCTIONS
Rev. 10/18

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Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 12, 1986
SUBJECT: File No. SAWC086-N-016-0277
Leeward Harbor
c/o Mr. William Fuller
Wilmington Investment, Incorporated
Post Office Box 2046
Wilmington, North Carolina 28402
Dear Mr. Fuller:

MAY 19 1986
WAI L ...;;'101 ,t itON
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received May 5, 1986, for a
Department of the Army permit to excavate 125 cubic yards of
material from a 50-foot by 25-foot area and to bulkhead and
backfill 40 foot of shoreline on Bogue Sound in Morehead City just
east of Leeward Harbor Condominiums, Carteret County, North
Carolina, indicates it to be a candidate for Federal authorization
under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North
Carolina Division of Coastal Management. Comments from Federal
review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.

-2-
r
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWCO86-N-016-0277 and will be coordinated by
Mr. David Baker. Mr. Baker is available to address questions or
comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 21, 1986
IN HtrLT Ht:t tH iu
Regulatory Branch
SUBJECT: File No. SAWC086-N-016-0277
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:

MAY 2 7 IC-186
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference the application of Leeward Harbor, represented by
Mr. William Fuller, for a Department of the Army permit to
maintain a basin area and construct and backfill a bulkhead on
Bogue Sound, east of Leeward Harbor Condominiums, Morehead City,
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:
a. The bulkhead will be constructed in strict accordance with
permit plans. It will not be positioned farther than an average
of 4 feet waterward from the mean high water (MHW) elevation
contour. To prevent an unintentional violation of this
authorization, representatives of the N.C. Division of Coastal
Management and the Corps of Engineers are available to stake the
alignment prior to construction.
b. All excavated materials will be confined landward of the
mean high water (MHW) elevation contour or the authorized
bulkhead.
c. Vegetated wetlands will not be excavated or filled.
-2-

d. Excavation will not exceed 3 feet below the elevation of
mean low water (MLW).
e. The temporary placement or double handling of excavated or
fill materials within waters or vegetated wetlands is not
authorized.
f. 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 are not
considered significant.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
-3-

Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
/ Natural Resources and
r/ Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

IN R;-Fi'f REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 8, 1986
SUBJECT: File No. SAWC086-N-016-0252
Lee Family Heirs
c/o Mr. James Amspacher
Post Office Box 25
Harkers Island, North Carolina 28531
Dear Mr. Amspacher:
R F C E I V E n
OCT 131986
tl j dr,? ,?.
Reference your Department of the Army permit to construct and
backfill a bulkhead and construct a pier on Bogue Sound off of
S.R. 1335, Harkers Island, Carteret County, North Carolina.
Your proposed modification has been reviewed and found to be
consistent with the provisions and objectives of general permit
No. SAWC080-N-000-0291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization
and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in
a violation of Federal law.
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 Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-

Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
J Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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Permit Class Permit Number
Minor Modification STATE OF NORTH CAROLINA 128-86
Department of Natural Resod.Community Development
,. Coa'ktls ' eSBIrces t s.sion ,
?a
V E
X Maj bJt t 1 '? nt nQ1 "onmental
Con w ?
CU1 C2 "iC?„86
© Excavation and;6r apb suatit to NCGS 113-22WATEH QUAI_I'l"Y' Sl t;TiON
:?. .., OPERA i IQN-
Issued to Lee' Family Heirs, c/o- James Amspacher, Agent, P. 0. Box 25, Harkers Island
authorizing development in Carteret County at Back Sound off SR 1335, Harkers Island
as requested in the permittee's application dated rec. 4/8/86 including
attached plats, 2, 1 dated 3/12/86 and sheet 2 of 2 dated 8/25/86
This permit, issued on %/Z W111 , is subject to compliance with the application (where consistent
with the permit), all applicabl regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The bulkhead will be constructed on an alignment of not more than 8' and
an average of 3' waterward of the MHW level at the time of construction.
NOTE: The remaining section of bulkheading to be constructed must also conform
with this alignment.
(2) All backfill materials will be obtained from an upland source and confined
landward of the permitted bulkhead.
(3) The fill material will be clean and free of any pollutants, except in trace
---?+ quantities. Metal products, organic materials, or =L"htly debris will
not be used.
(4) Vegetated wetlands will not be filled.
(5) The disturbed areas will be provided a ground cover sufficient to restrain
erosion within 30 days of project completion.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1989
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Lee Family Heirs
ADDITIONAL CONDITIONS
Permit #128-86
Page 2 of 2
(6) 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.
(7) 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 transferring it to a third party.
(8) 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.
NOTE: Although some grading may be necessary, impacts can be reduced by utilizing
clean backfill from an offsite source. Bulldozing and grading should
be kept to an absolute minimum to reduce destruction of wildlife habitat,
erosion, and increased siltation.
NOTE: Filter fabric should be placed behind the bulkhead to retain finer sediments
that could result in higher turbidity during periods of high biological
activity in adjacent waters.
NOTE: Durable reflective material should be used to mark the waterwardmost end
of the pier in order to reduce potential navigational hazards.
NOTE: In keeping with the provisions of GS 146-6(c) the State Property Office
of the Department of Administration has granted authorization to fill State-
owned-submerged lands as described in this permit.
1 NOTE: Section 401 Water Quality Certification #1924 was issued on May 29, 1986
1 by the Division of Environmental Management for this pr94_Ct.
FOR
WATER OUALITY CERT1 I1;?t?
PERMIT TO EXCAVATE AND/OK FILL 1 t-? .rte-'•"
CAMA PERMIT FOR, MAJOR DEY,&L-4PA1Ef4T
EASEMENT IN LANDS COVERED BY WATER.
Department of the Army
State of Notth Carolina Corps of Enoneers, wilmioRton Distri;
Department of Administration Department of Natural Resources and Co (r), 11 3Y 3A-11 18 (33 CFR 209.3:0.329)
(GS 146 12) (GS 113.229, 143.215.3(a)(1). 143.215.3(c),
rint and fill in all blanks. If information is trot applicable, so indicate by placing N/A in blank.
Please type or p

Ir . Applicant Information
A. Name
B. Address
Last
First Middle
Streets P. O. Box or Route [ t-%I

_ y4-14
Zip Code Phone
City or Town State
ll, Location of Proposed Project:
A. County .sue` f r ?. i. 1 irr .
B. 1, City, town, community or landmark
2. Is proposed work within city limits? Yes ?--- No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
1-? n k
Ill. Description of Project
2. New work '
A, 1. Maintenance of existing project
B. Purpose of excavation or fill length depth ?---
-width .__--
1. Access channel width ._------depth
length ,
2. Boat basin -_width -depth
3. Fill area .) C, - length i width?_ depth
4 ja r
. Other r length ---
distance waterward of h1HW (shoreline)-
C. 1. Bulkhead length Average 2
2. Typc of bulkhead construction (material) _.,
D, Excavated material (total for project) 2 Type of material
1. Cubic yards- -"
E. Fill material to be placed below h1HW (see also ,'I. A)
2. Type of material
1. Cubic yards
IV. Land Type, Disposal Area, and Construction Equiprnent: _
h' lan . A. Does the area to be excavated include any marshland. swamps or other wetLtnd? ctY sd' Yes No ?.._----
B. Dues the disposal area include any marshland, swamps or
C. Disposal Area
1, Location ? _ ?_
2, Do you claim title to disposal area?__._ q fsr,_. 1-•- s' -r
D, Fill material source if fill is to be trucUd in f? --
E; Now will excavated material tie entrapped and erosion controlled. _
f;. f ypc of equipment to he u.rd cct site If yes, explain -
I (Ic, Will marshland be crtrsscd in tramporting equipment to prui.
1
Od F•E11 '
V. Intended,,Use of Project Area (Pescribq -
A. 1. Private Vsc• -----
2. Commercial
I. Housing Development or industrial
Other ?..--TJ
L size (s) HC rC'5
2. Elevation of lot(s) above mean high water_ 7

3. Soil type an texture
4. Type of building facilities or structures
S. Sewage disposal and;or waste water treatment A. Existing
?t 'S,T
Planned
. Q. Describe
6. 'Land Classification (circle one) DEVLLOPED l RANSITIONAl- CO (S e CAl+1A l.aca and !Ise Plan Synopsis)
CONSI:RVATION OTHER
Vi. Pertaining to F ill and Water Qu:,Ility:
A. Does the prc)poscd project involve the piacement of fill materials below mean High watYese of thelo -
l3. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned
area following project completion? Yes No X
-------
2. Type of discharge ._.__...--••------••---
3. Location of discharge_ -.
Vil. Present rate of sho;cline erosion (if known):
VIM. lAst perroit r nobcrs and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:.-- - ( ) 0?`
IX. l_eni,th of time required to complete project:
X. III addition to the completed application form, the following items must be ro` idt d der which applicant
A. Attach a copy of the deed (with State application only) or other u
[of said IC pIUS'wflt[en'
claims title to the affected property. Oif applicant
under which ?1C t be Oowner
Irl5tfU1T ent. is
then forward a copy of the decd or other
permission frem the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on V2 X 11" +vhitc paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
r: C. A copy of the application and plat must be served upon adjacent rioarian latu_l,o +'ners by registered or
certified mail or by publication (G.S. 113-229 (d))Lnter date served ----
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to Submit comments to a"neies listed below.
X1. Certification requirement: I certify that to the best my kn wledro., the proposed activity co plies
with the State of North Carolina's approved coastal rn
manner consistent with such program.
X11. Any permit issued pursuant to this appi t,ction will allow thl'la{>he d on0pITIenlt!des dl1ed inlhisappli-
catiun and plat Appiic ants should thel
OpInent. actlvilwt ,Ill k ;illll?; 01I1',I(Mli1V1, CICAVAICAI, tilling„ and land clearing.
DA1'G Applicant's Signaturv
DRi 412 sl:r ul s,r??sl_ s,?.l: f'Olz M..I..,..f.;
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 24, 1986
SUBJECT: File No. SAWC086-N-016-0252
RECEIVED
JUL28 1986
The Lee Family Heirs
c/o Mr. James W. Amspacher
Post Office Box 25
Harkers Island, North Carolina 28531
Gentlemen:
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference your application for a Department of the Army permit
to construct and backfill a bulkhead and construct a pier on Back
Sound, Harkers Island, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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 Mr. David Baker,"
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
to
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b
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
May 29, 1986
Mr. James W. Amspacher
P.O. Box 25
Harkers Island, NC 28531
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead and Pier
Lee Family Heirs
Back Sound
Carteret County
Dear Mr. Amspaaher:
Attached hereto are two (2) copies of Certification No. 1924
issued to Lee Family Heirs dated May 29, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed BY
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office ,
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
?x
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Lee Family Heirs pursuant to
an application filed on the 8th day of April, 1986 to construct a pier
and a bulkhead for residential use.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Back Sound
in conjunction with the proposed bulkhead and pier in Carteret County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the material used as backfill shall consist
of clean sand from an upland source and shall be
free of any toxic materials.
3. That silt fabric shall be installed on the landward
side of the bulkhead to help reduce turbidity impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 29th day of May, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For
R. Paul Wilms, Director
WQC# 1924
AM", dr+.srNEy
ti. I
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
May 29, 1986
Mr. James W. Amspacher
P.O. Box 25
Harkers Island, NC 28531
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead and Pier
Lee Family Heirs
Back Sound
Carteret County
Dear Mr. Amspacher:
Attached hereto are two (2) copies of Certification No. 1924
issued to Lee Family Heirs dated May 29, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
original Signed BY
William Q Mille
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Lee Family Heirs pursuant to
an application filed on the 8th day of April, 1986 to construct a pier
and a bulkhead for residential use.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Back Sound
in conjunction with the proposed bulkhead and pier in Carteret County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the material used as backfill shall consist
of clean sand from an upland source and shall be
free of any toxic materials.
3. That silt fabric shall be installed on the landward
side of the bulkhead to help reduce turbidity impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 29th day of May, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 1924

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION

Comments concerning an application for /State F(e?deral CAMA Permit(s) from d
J
V1 vi f - f _ /?I IYI I A .. T- . L 'at „ . ,?iL?t ., _ l / A, "' '.,,.- V r, - f ; ., d 'n,
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a.manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases.of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of tae`: proposed activity after.a reasonable opportunity for dilu-
tion-ind mixture.
That turbidity levels in
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required.
for this project.
shall not be increased
Certification is required for
this project. Such action to.
process the certification has
been initiated. Proposed
Certificatiowill be acted on ,
or after Af.R ,a, LM ..
The proposed project is.certified
under General Certification
A) No. 1179 issued on January 25,; D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.

WATER QUALITY SECTION
- DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concernYng an application for State, Federal CAMA Permit (s) from Lw It
non ,trJ
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the..issuance of the permit(s) for the.proposed
project with the following conditions::
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases.of .25 NTU's.or less are not considered
significant).
That the instream turbidity not be increased by more than 50'NTU's`as a
1 T ._ 1 _ rya, T.: , .
? ° r'f .+i'xC '.t 1"".? rL? ?µ:.y?n ?? '{ .?' °"!v,? sr 5?.. ? ?,.? _ ?`N: ?.?'
That -turbidity levels in shall not be inu.e-asei
able oppoYtundity?for dY uiion`'and'm
B: CERTIFICATION STATUS:
Certification is not required..
for this project.
Certification is required for
this project. Such action'to'
process, the,certification.has
been initiated. Proposed
Certificati will,be acted on
or after,-?
The proposed;.pro j ect is. certified
under General.Certification
A) No. 1179 issued.on January 25',; D) No. 1431 issued on October 16,
1977, for sewer line construction.` 1980, for boat ramp construction.
B) No. 1272 issued on November 10,.... E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November:10, F) No. 1665 issued on September 19,
1978, for discharges.of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY SECTION'
DIVISION OF ENVIRONMENTAL MANAGEMENT
10
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM R E C E I V E D
DATE: May 5, 1986
TO: Bill Mills 0 g 1986
Operations Branch WATER QUALITY SECTION
OPE.F?kTIONS BRANCH
FROM: Michael F. Williams
Wilmington Regional.,`Office
THROUGH: A. Preston Howard, Jr. A
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Lee Family Heirs - Back Sound
Carteret County
The applicant proposes to construct a 287 linear foot bulkhead and a
100 linear foot pier for residential usage. The site is located
adjacent to Back Sound, classified SA and currently open to
shellfishing.
The project has been reviewed to determine impacts to water quality.
The following comments are provided:
1. The project will require 401 certification, and should contain
the following conditions:
a) Turbidity within the receiving stream shall not exceed 25
NTU as a result of the project activity.
b) Backfill material shall consist of a clean sand from an up-
land source, and shall be free of toxic materials.
c) Silt fabric shall be placed on the landward side of the
bulkhead to prevent turbidity impacts.
2. This office has no objections to the project as proposed.
MFW:kc
cc: DCM - Nelson Paul
WiRO
CF
Lat j4 *.L -jv
FAST TRACK 111-.L1) INVESTICL.TION REPORT Long -76,35 00
1. 'Applicant's name. LEE FAMILY HEIRS,-(James Wmn. Amspacher, Agent)
2. Location of project site Back Sound off SR 1335, Hark. Isl.,. Carteret County
Photo ref. 38-1215-F-20 G-19
3. Investigation type: Dredge & Fill X CtMA X
4. Investigative procedure: (A) Dates of site visit 3-13-86_
(B) Was applicant presentees
4-8-86
-
5. Proces-ing, procedbre: Application received Office Morehead City
6. Site description: (A) Local. Land Use. Plan Carteret County
Land classification from LUP _
Development constraints identi ied in LUP
(B) AEC(s) involved; Ocean-lIazard Estuarine shoreline --X Coastal wetlands Public trust waters Estuarine waters X_ Other -
No X Other _
(C) Water dependent: Yes
Pro va teX Coinnercial
(D) Int,nd.:d ?a3e: Pubiic
(E) Type of waste water treatTent: Existing Septic tank
Planned_ unknown _
(E) Type of structcres: Existinc; Residence/ second home
Pl.anncd nca
(G) Estimated annual rate of erosioa 2-3' /yr Source personal estimation
? -------
7. Habitat description: AREA _
Dredged Filled Qr_],,_r
(A) Vegetated wetlands: - ---
(B) Ton-vegetated wetlands:
n+-,. rt i aaLsaf.'t-Wtr----h0ttnn.- -- --? - '- --
(C) Other:
]_at__s? ra d i n rte _ hackf i 11 - ?.14$fl- -sq.-f-t-. -
---- -
(D, Total area disturbed: 12,341 sq.ft.
- ------
8. Project .V Applicant proposes to construct a bulkhead with backfill at
property located on Back Sound off SR 1335,-Harkers Island, Carteret -
C
9.
10.
Narrative description
The applicant (Jimmy-Amspacher) is the agent for the Lee Family
heirs (Ray Lee, Donnie Lee, and Timothy Lee) to secure authoriza-
tion for and then construct a bulkhead at the Lee property on Har-
kers Island in Carteret. The property is accessed by a small dirt
lane in the sharp curve where SR 1335 changes from a north/south
direction to an east/west configuration. Here the property runs.
all the.way back to Back Sound.
The property is about 2.42 acres in size and has elevations of over
14' and appears to be composed of relic dune sand. Mature live
oaks-dominate the vegetation on the site. A small frame residen-
tial structure and garage exists near the water and appears to be'
no longer inhabited.
The shoreline'is characterized by a steep bank showing signs of
moderate erosion. Many roots and.stumps exist in the project area
along with-relic man-placed debris. East of the property the adjacent
property was bulkheaded by Mr. R. L. Moore (Permit 179-83) early
last fall.
Within 100' of the property is a community graveyard located adjacent
to the water and contains many unmarked graves. Maps provided by the
Div. of Archives and History to this office indicate other archeological
significance in this area.
The applicant is proposing to construct a bulkhead with backfill
along the alignment indicated on the attached plat. The bulkhead
will connect to the corner of the existing structure to the east.
From'here it will run west to a point east of the existing jetty,
turning here and running on dry sand beach to-an end point where the
bulkhead will turn and tie back into the bank. The structure will be
a maximum of 8' offshore the MHW near the previously constructed bulk-
head, and this distance decreases dramatically as the bulkhead runs
west for an average alignment of 3' offshore. The adjacent bank is
proposed to be pushed down to provide the backfill for the structure
and will disturb a significant amount of._ area. A 100' long by 5'
wide pier is proposed to be constructed in the central portion of
the property.
Anticipated impacts
Conducting the project as proposed will involve the filling of about
861 sq.ft. of intertidal estuarine area with approximately 600 cu.yds.
of fill material which will be obtained from grading the adjacent bank.
Adjacent waters are classified as SA by DEM and are currently open
for shellfishing according to Health Services.
Submitted by
Nelson G. Paul Date April 22, 1986

• - FOR ~rC fi`( fa.
10 vro
WATVR OUALITY CERTI I' -??
?ERMIT. TO EXCAVATE AND/OR FILL . OE?I
CAMA PERMIT FOfLM11AJOK L4P*K'1'iT?`?
• EASEMENT IN LANDS COVERED BY WATER, ' oepartment.of the Army
of North Carolina Corps of Engineers, Wilmsetton
• 0M
State
oepartmeniof Adrninistratio° t8 (33GFR 209.3: 3:9)
Department of y3?215.3(a)(1), ly3.215.3(c) 11 unity 3A• I S and Development
(GS 146.12) ' (GS 113-229,
placi
blanks. If information is not applicable, so indicate by ^8 N/A in blank.
•
Please type or print and fill in all
1. Applicant Information Middle
A. Name ?•? Last First
r ° ox or Route
S. Address Street, P. O. E3
Zip Code Phone
State
City or Town
11, Location of proposed Proieet:
A. County n n.-L r -?t Gs
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes _---No
-
k river, sound or bay upon which project is located or nearest named body of water to protect
C. Crcc ,
k r '
III. Description of Project 2. New work X +^--
A, 1. Maintenance of existing; project
S. Purpose of excavation or fill
Access width,---_depth
It
leng •n?tl?- depth
channel ___-
2, Boat basin th-? ^ ?? T width __&? ._dcoth
-? GA length ---width t
3. Dill area c>a i width- depth ,
e-f length
4.' Othcr ,
? Average distance waterward of b1HW (shoreline
C. 1• Bulkhead length
C
2, Type of bulkhead construLtion (material) _
D, Lxcavated material (total for project) 2 Type of material
.1. Cubic yards W' L
-i' J/1e:flt
E• Fill material to be plat ? b ow h1HW (sec alsu2. TType of material
1. Cubic yards
Disposal Area, and Construction Equipment: X
IV. Land Type' marshland, swamps or other wetland? Yes X
A. Do.cs the area to be excavated include any ma or other wetland? Ycs _.--No
B', Ducs the disposal area include any marshland, swarnPs
C• Disposal Area
1. Location ` }
2. poyou claim title to drs;?osal area?, ,.11 o
1111
/'
D. Fill n will aterial ururce if till is to be tnrcl.tdrand erosion controlled?
'r
! E?- Ilow will a\11V1t1'd rYlalerlal hr cntrapD 3 "
c ) I ycs explain +-------?
1?. .IY{'c (it cquil n1ent Io 1w u.ed
• ?`, Will m.rnhland be crrxscd in trin.,porting cqurhrncnt to pru1et site.
tt .
' U

11 tended Use of Project Area (Describe)
A. I. Privatc use
2. Commercial
I. Housing Devi:lopment or Industrial
4. Other
4z c, r e s
2. A
1. lot S11e(S) .
?.
7 ?r?T !
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facil i ties or structures
Planned
S. Sewage disposal and(or waste water treatment A. Existing
' B. Describe .s.'?`r yam'` ?" -
6. 'Land Classification (circle one) DE VEI.OPED TRANSITIONAL CO (See CAA1A LocaU and ;Ise flan Synopsis)
CONSI:RVAI'ION OTHER
Pertaining to Bill and Water Qu 1lity:
A. Does the proposed project involve the piacement of fill materials below mean high water? Yes No
B. 1. Will arty runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No
2. Type of discharge
3. Location of discharge '
J der
'. Present rate of shoreline erosion (if known):
r_
!. List permit numbers and issue dates of precious Department of Army Corps of Lngincers or ; laic I-„,1\3
vrork in project area, if applicable: 14 --
17Av 5 '_..
:. 1_erti;th of time required to complete project:
In addiction to the completed application form, the following items must be provided:
A. Attach a copy of the decd (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
'I3. Attach an accurate work plat drawn to scale on iii X 1I I: white paper (sec instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.'
Or- C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))L'nter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Z1. 1AQ,rt -
-Tip A r uvs ?s?Ax?( IJ.C_ --
Certification requirement: I certify that to the hest of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal rnanagement program and Will be conducted in a
manner consistent with such program.
Any permit issued pursuant to this application will allow only the development described in this appli-
e, tion and plat. Applicants should thr,etore de.eribe in the application and plat all ,ticipated devel-
opment activities, incl,:ding CnnstruLtion, ear.tsat,on, filling, and land clearing.
Applii:ant's Sil;nature
I
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NOTICE 01' FILING Of
•
. f
,
? _
.:
APPLICATION- FOR CA:tA MAJOR DEVU011MENT.
• PERMIT AND WATER QUALITY CI:RTIVICATIUt7
t to NCCS 113A-119(b) and 143-215 3(a)(1)(c)•, the Department of ;
rursuan
ivcs Public Notice that
llatural Resources and Cormunity Developm..nt hereby &
?
Amsoacher,.Agent
" Harkens Island. filed an app1 i-
_ -
the Lee Family heirs (Jos• II. I_
- i

- for a perridt from the Division of'Coastal
•
1986
ril 8
A
i
,
p
on on
• nat
Area of I:nvirbawental Concern and for Certification
i ;
n an
Haragerent to develop
t that a discliarge of fill material
from the Division of Enviroiirental Managem. n
• ih project wetlands will not violate applicable Water Quality Standards.
Acco.rding to said application, the an lIcants propose to construct a bulkhead
Harkers
d off SR 1335
,
with backfill at property located on Back Soun
o
island, Carteret County
,

i
tire application and additional information may be examined
A copy of the en
t of reproduction costs) during.normal business I
i
(or copies furnished, upon paysen
Nelson Paul, Div. P!tafine Fisheries: Bldg. }
hours at the DivisionoiDoastal Management,
l
t
a
• Camp Glenn, Morehead City and/or the Division of Enyironr?en
Mike Williams, Field Office, 7225 Wrightsville Ave., Wi1r?.inQton NC

ae me nt°
2•ia
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,
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,
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s
The Division of Environmental Management proposes to. take final action on th }

Water Quality Certification on or after . -May 26, 1986

401 Certification.
i ?

,
on
The issuance of the CANA Major Developwnt•Permit and the. Sect
•deviate from this projected date depending upon the nature of the corn-ir-ats i
may I
submitted and subsequent hearings that may result.
•
. 7
t ?, M r .

do sc in Sdr:*i^.6
911 persons desiring to, make commences siyu:.:
,
Box 276717,
Division of Coastal Management, P. 0. ,
Director
.,
Dave Owens,
••• for consideration
Raleigh, N,• C. 27611 prior to • May 15-,,,,Jlff
-
Divi-
?
under the CAMA Permit decision,. and to Mr. Bill iMills, with the .

N. C. 27611.
of Environmental Management, PO Box 27687, Raleigh,
i
on
s
Mav 15,_1986 for consideration under the Water
prior to
Qu.'ality Certification decision.

'LC
State of North Carolina
Department of Natural Resources and Community Development.
Division of Coastal Man*.ment
512 North-Salisbury Street! Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S, Thomas Rhodes, Secretary Director
Field Services Section
PC' Box 769
Izz_ehead Citv,NC 28557
919 726-7021
April 28, 1986
Carteret News Times
Morehead City, NC 28557
Gentlemen:
Please publish the attached `two Notices in your
April 30, 1986, issue of the News Times. Send us bill in
x •
duplicate and Affidavits as soon as possible.
`Cordially yours,
Nelson'G. Paul
ht/encl. Field Consultant
Lee Family Heirs
Benjamin Lee Brooks
1
t
i •
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Lat 34 41 5y '1.N
aTR$CIC
A I.7Y.t,D tNVrsi'It,:.'tl0:l itEl'OR'i' Long 76.35 00 0, ~
k
F
!IP'plieall, t'8 name LEE FAMILY HEIRS, (James Wmn. Amspacher, Agent)
_
2 Back Sound off SR 1335, Hark. Isl.,.
---------------
,7 .af pr,,ject site
Locat io Carteret County
. .,
P4 re?fr.- 3&-1215-F-2_0 c?-19
3. Investigation type: . Dredge & Fill X Ct,1 A X
4 Investigative procedure : (A) Dates of site visit 3-13-86,
. (B) Was applicant present yeses r .
M. --'
---
eceived 4-8-86 Office
ti
li Morehead City
5. Processi,2p procedure: on r
ca
App
6. Site. description: (A) Local Land Use Plan Carteret County
Land classi%ication from LUP__ __------
Development constraints identiii-ed in LUP -
(B) AEC(s) involved:
(C)
(D)
(E)
(F)
(r,)
7. Habitat description:
(A) Vegetated wetlands:
Water dependent:
Ocean. Estuarine' shoreline x
. ----
Coastal wetlands -ublic trust wat:ers A--.- -.
Estuarine waters x other
Yes No Y Other
-- -_ -
Interided uae: Public Pr Iva ten- Comnerc- al ti --
a Existing Septic tank
--------------
Type of waste water treat?ient. g ----------
Planned unknown _
Type- of structt;res: Eristinc-. Residence/ second home
Planned --
_
-sion
Estimated annual rate of erosion 2-3' /yr. Source personal estimation
ARESA
Dredeed
(B) Non-vegetated wetlands:
.--$-??.-.-+`''??-•-

(C) Other:
IQt. g arlins.&._hazkf 1
(D Total area disturbed:. 12,341
8. Project summary Applicant proposes
_l.-1.450 -sq f-t-
sq. ft.
to construct a bulkhead with backf ill; at
tenet
,property located on Back Sound off SR 1335, Harkers Island., Car
!Tr
9. Narrative description
The applicant (Jimmy Amspacher) is the agent for the Lee Family
heirs (Ray Lee, Donnie Lee, and Timothy Lee) to secure authoriza-
tion for and then construct a bulkhead at the Lee property on Har-
kers Island in Carteret. The property is accessed by a small dirt
lane in the sharp curve where SR 1335 changes from a north/south
direction to an east/west configuration. Here the property runs.
all the.way back to Back Sound.
The property is about 2.42 acres in size and has elevations of over
14' and appears to be composed of relic dune sand. Mature live
oaks-dominate the vegetation on the site. A small frame residen-
tial structure and garage exists near the water and appears to be'
no longer inhabited.
The shoreline'is characterized by a steep bank showing signs of
moderate erosion. Many roots and.stumps exist in the project area
along with-relic man-placed debris. East of the property the adjacent
property was bulkheaded by Mr. R. L. Moore (Permit 179-83) early
last fall.
Within 100' of the property is a community graveyard located adjacent
to the water and contains many unmarked graves. Maps provided by the
Div. of Archives and History to this office indicate other archeological
significance in this area.
.The applicant is proposing to construct a bulkhead with backfill
along the alignment indicated on the attached plat. The bulkhead
will connect to the corner of the existing structure to the east.
From'here it will run-west to a point east of the existing jetty,
turning here and running on dry sand beach to-an end point where the
bulkhead will turn and tie back into the bank. The structure will be
a maximum of 8' offshore the MHW near the previously constructed bulk-
head, and this distance decreases dramatically as the bulkhead runs
west for an average alignment of 3' offshore. The adjacent bank is
proposed to be pushed down to provide the baokfill for the structure
and will disturb a significant amount of__ area. A 100' long by 5'
wide pier is proposed to be constructed in the central portion of
the property.
10.
Anticipated impacts
Conducting the project as proposed will involve the filling of about
861 sq.ft. of intertidal estuarine area with approximately 600 cu.yds.
of fill material which will be obtained from grading the adjacent bank.
Adjacent waters are classified as SA by DEM and are currently open
for shellfishing according to Health Services.
1
'Submitted by
i
i
t
i
t
Nelson G. Paul Date April 22, 1986
• - APrL1%_Hs ?".. -yam/! , ?t t «
_ FOR ------
WATER QUALITY. 61T- CERT1 k.L 3
..«...?.
PERMIT TO EXCAVATE AND/OR FILL
COVERED BY WATER. CAMA PERMIT FOR.NIAJOR DF.?/• 10PMEN1
EASEMENT IN LANDS ' Department.of the Army
Department of Administration State of North Cuolfna Res° Corps of EnNineen, tv?lmlnsron Dist'
O 113A 118 (33CFR 209.3:0.3=9)
epaltment of Natural r`1?3.215.3(c) unity Development And (GS 14612) " (GS 113-229.143-2153(a)(06
Please type or print and fill in all blanks. If in not applicable, so indicate by placing NIA in hunk.
formation is
____----
1. Applicant Information /hs 4c ? y v Middle
A. Name Last First
?
r ° p_ O_ Box or Route
L l
B. Address Street,
-'
Zip Code Phone
State
City or Town
It. Location of Proposed s Project:
A. County r e? is
community or landmark
B. 1. City, town, 7 Yes X_ No -
C amed body of water to protect
2, 1s proposed work within city limits.
C. Creek, river, sound or bay upon which'project is located or nearest n
k r ,
Nl, Description of Project 2• New work
------------------
A, 1. Maintenance of existing project
B. Purpose of excavation or fill Irngth width depth
^.---- depth
J. Access channel length- 7•"r+dth _..--?- ?--
------------------------
2. Boat basin {f width_..s.1----dcoth __J I -Ac length- 2
-
3• Fill area ? length s? : width___S--- 5
her-- depth ,
waterward of tv1H?V (shoreline)
4•' Ot
C. 1, Bulkhead length Average distance 2 J Ard
2. Type of bulkhead construction (material) _
,
D. Excavated material (total for project) Type rjf material
- 1. Cubic yards 04- 2
laced below hSF1\V {see also VI. A) jt -? J?{
E. Fill material to be p ??`?D Tyne of material
1. Cubic yards
: _ No _X--- --•-
men t
IY. Land Tp?. Disposal Area, and Construction Equip _
marshland, swamps
A. Dues the area to be or other wetland? Yes No x
excavated include any
B; Dues the dispu-al area include any marshland, swarnps or other wetland? Yes
C• Disposal Area
1, Location
2• Do you claim title to disposal are ?, C-
i D, Fill materi.+1 source if lill is to be trucktdiancf erosion controlleJ?
iluw will excavated rrtiaterial be cntrapP `'J
{ i 1 1 YPc s+t cquip111ent it) be used ti
Will ect site. If yes, explain
marshland be erased in transporting equipment.toproj
O
1ya?r•o1
C]
?Iritended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3.• Housing, Development or Industrial
' 4. Other
B. 1. Lot size(s)
AC,eC5
7 .42
2. Elevation of lot(,,) above mean hi
3. Soil type and texture
?'`OA?,
water
4. Type of building facilities or structures
S. Sewage disposal andior waste water trcatmeni. r.. ?..??, ..b
B. Describe " t, ? -
CAN A L ocRUR `Isn Plan Synopsis)
6. 'Land Classification (circle one) DEVELOPED TRANSITIONAL: CO N1 N.
CONSERVATION OTHER
L Pertaining to Fill and Water Qu ility:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes__._No x
2. Type of discharge lvle --•
3. Location of discharge '
11. Present rate of shoreline erosion (if known):
e. It. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for e
-
work in project area, if applicable: +1
X. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the decd (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then.forward a copy of the decd or other instrument under which the owner claims title plus written
:permission from the owner to carry out the project on his land.
'B. Attach an accurate work plat drawn to scale on 3% X 11" white paper r (see accepted.' instruction booklet for
details). Note: Original drawings preferred - only high quality copies pt
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comment to agencies listed below.
L CI C',
t - LIB, uvs ?s/pxrf /J.G_
XI.
X11.
,T E

Certification requirement: 1.certify that to the best of my knowledge,ic propose acconductivity pli a
.
with the State of North Carolina's approved coastal management program
manner consistent with such program.
Any oermit issued pursuant to this application will alllo only the developm pl described in t is appli-
cation and plat. Applicants should therefore describe in. the opment activities, including construction, excavation, filling, and land clearing.
' Applicant's Signature
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 1, 1986
I DIED
SUBJECT: File No. SAWCO86-N-016-0252
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
hA AY 0 5 1086
SECTION
OPERt"if'!ONS BRANCH
Enclosed is the application of the Lee Family Heirs,
represented by Mr. James William Amspacher, for a Department of
the Army permit and a State Water Quality Certification to
construct and backfill a bulkhead and construct a pier on Back
Sound, Harkers Island, Carteret County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request
for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by June 23, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-

Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
- - FOR ?p L
- WA trROIJ Ift'Y CRT/ 11L? ?....xs.r+
1-w t . PERMIT TO EXCAVATE AND/OR FILL
j " COVERED BY WATER. CAMA PERMIT FO(LMA)Uft Df.?(..?L-4P•kY[NI".
I EASEMENT IN LANDS C department of the Army
State of North Carolina Corps of Enp.ineeri, Womirsron Aistr*
(?epariment of Adminiuuli°n pepa•tmcnt of Niwral ReturL,a3 215.3(c) unity development (33 CF ft 209.3:0.3:9)
113A 118
(GS 14612) (GS 11113-229.143-2153(a)(0-
ndicate by placing N/A in blank
so i.
Phase type or print and fill in all blanks. If information is -'lot applicable.
1. Applicant Information In S /Y -P- Middle
A. Name Last Ftrst
?O ? a P. O. B or Koutc L 6 ? 14
B. Address Street, 6
Lz6 Zip code Phone
;rs State
City or Town
I1, Location of Proposed P ojeet•
A. County
. City, town, community or landmark
B. 1 ,
C amed body of water to project
• 2, Is proposed work within city limits? Yes..-.-- No
C. Creek, river, sound or bay upon which project is located or nearest n
k r r
111. Description of Project 2. New work
A. 1• "Maintenance Of .existing project
B. Purpose of excavation or fill width' depth
. It•nbth.?---•----
1. Access channel depth
width ------
Icngth .?? ? •d
2, Boat basin epth
length_ L?--i----width_.___sa -- .
3. I=ill area K_? c ?`" tea l width____S- depth ,
?? - length
distance waterward of tv1H`V (shoreline
4. Othcr ;
.?_-?Z--- 2,?
G. t. r3ulknesaler,gtn Average
2 Type of bulkhead construe lion (material)
D. Lxc ?vated material (total for proiect) 2• Type of material
1. Cubic yards
E. fill material to be Placed below Nil-1W (see alsu11 (Type of material
1. Cubic yards -
No - X----
IV. Land Type, Disposal Area, and Construction f qui{>ment:
marshland, swamps or other wetland? Yes _.-----••-X
A. Dues the area to be excavated include any
B. puts the dispu,al area include any marshland, swarnps or other wetland? Yes -No
ma
C. Disposal Area
Location
J
po you claim title co disposal ares'____ r? ' ?• 11 ,l J o ? Sr1 _._...---
t p, Fill material source if till is to be.truckldtand erosion controlled?
E;. 114)w will cxcavatrd material [)o cntrjppcj and erosion controlled?
r
! h. 't Vile rol c?(uipnn:nt 1.1 ho used x 1 tin _...._-•-
,ru :ct site. If yes, c• P
., 1 11 (`'I, Will ntanhland be crussrd•in tran?purting cquiprncnt to { k:ct site? If yes,
1
O
n.,, tM7a
Iritended Use of Project Arca (Ucscribe)
?.
A.• I. Private Ys? V..c-
2. Crntmcrce"al
I. Housing Development or Industrial
4. / ? ?)re6E:?' .,?•.,?G- Err ?- .
Other.
/
7 . t12 LIC,YeS I Z9?A?C?-?-tl
13. 1. Lot size(s)
un
2. Elevation of lot(s) above mean high water
3. Soil type -,nd texture
4. Type of building faeillties or structures
5. Sewage disposal jor waste water treatment A. Existing
-- -----
Planned
B. Describe =k--
6. 'Land Classification (circle one) DEVELOPED TRANSITIONAL CO See CA NIA l.ocaUlana is, P1_11 Synopsis)
CONSERVATION OTHER
Pertaining to I ill and Water QuAity:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes --No -
B. 1. Will any runoff or discharge canter adjacent waters asa result of project activity or planned use of the
area following project completion? Yes____No
2. Type of discharge y?
3. Location of discharge
1. Present rate of shoreline erosion (if known): Pe r- \le-d
1. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: - -----
K. Length of time required to complete project:
C. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the decal (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant-is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission frern the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on iii X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
- C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (C.S. 113-229 (d)) Enter date served
0. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
X1.
!Gill.
fE

Certificmiun requirement: I certify t!tat to the best of my knowledge, the prnpused activity complies
with the State of North Carolina's approved coastal management, program and will be conducted in a
manner consistent with such program.
Any Hermit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Apl,licants should therefore describe in the application and plat II incipateo devel-
opment activities, includlog construction, excavation, filling, and land clearing.
.........
_._____.__ .
Applicant's Signature

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•,SZ-,ALe 1,- loo' ?P?i?l 3•z?_-g t,
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 1, 1986
SUBJECT: File No. SAWC086-N-016-0252
The Lee Family Heirs
c/o Mr. James William Amspacher
Post Office Box 25
Harkers Island, North Carolina 28531
Gentlemen:
E C IV 7
MAY 05 1986
WATER QUALITY )tt,IION!
OPERAT?O!`t'c, PF?ANf .
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received April 23, 1986, for a
Department of the Army permit to construct and backfill a bulkhead
and construct a pier on Back Sound, Harkers Island, Carteret
County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal'Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-016-0252 and will be coordinated by
Mr. David Baker. He is available to address questions or comments
you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
' May 21, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO86-N-016-0252

`. ?
ION
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of the Lee Family Heirs, represented
by Mr. James W. Amspacher, for a Department of the Army permit to
construct and backfill a bulkhead and construct a pier on Back
Sound, Harkers Island, 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:
a. The bulkhead will be constructed on an alignment in strict
accordance with permit plans. It will not be positioned farther
than an average of 3 feet waterward from the normal water level
(NWL) elevation contour. To prevent an unintentional violation of
this authorization, representatives of the N.C. Division of
Coastal Management and the Corps of Engineers are available to
stake the alignment prior to construction.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. Vegetated wetlands will not be filled.
d. The fill material will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials, or
unsightly debris will not be used.
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e. 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.
f. 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 transferring it to a third
party.
g. 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 are not
considered significant.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
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r
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557