20021907 Ver 1_COMPLETE FILE_20021213

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION Of:
February 19, 2003
Regulatory Division
Action ID No. 200300234 and State Permit No. 19-03
AR 03
Small Business Administration
6302 Fairview Road, Suite 300
Charlotte, North Carolina 28210
Dear Madams or Sirs:
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Reference your application for a Department of the Army permit to extend the Iron
Steamer Fishing Pier 520' with an access width of 20' and to construct a 120' x 20' "T-shaped"
platform at the waterward end, in the Atlantic Ocean, located at 345 Salter Path Road, in Pine
Knoll Shores, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure

Copies Furnished (without enclosure):
"Ir. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ted Tyndall, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
151-B Highway 24, Hestron Plaza II
Morehead City, North Carolina 28557
2
Michael F. Easley, Governor
'0? William G. Ross Jr., Secretary
? y William G. Ross Jr., Secretary
> C North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 6, 2003
Small Business Administration
c/o Gerald Barfield - Iron Steamer Pier
279 Bland Howell Road `
Kinston, NC 28504
ICT:
4- sak
Dear Mr. Barfield:
Approval of 401 Water Quality Certification
and Additional Conditions
Iron Steamer Pier
DWQ Project # 021907
Carteret County
You have our approval, in accordance with the attached conditions (WQC # 3351) to conduct the
following activity at your property located at 345 Salter Path Road in the Town of Pine Knoll Shores,
Carteret County. This approval allows you to:
1). Extend/Reconstruct the existing 365' pier an additional 520' long and 20' wide to a final total length
of 885'. Construct a 20' x 120' "T" shaped platform at the waterward end of the extension;
2). Construct four 10' x 26' open-sided sun shelters along the pier and platform.
This approval is only valid for the purpose and design that you described in your CAMA application
received by the Division of Water Quality (DWQ) on December 16, 2002. After reviewing your
application, we have determined that General Water Quality Certification Number 3351 covers this
activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal
Management issues it. Please keep in mind that there may be additional Federal, State or Local
regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your CAMA Major Permit
application received by the Division of Coastal Management on December 11, 2002. If you change or
modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1). The attached Certificate of Completion (COC) must be submitted to the Division upon final
construction of the site;
2). Turbidity levels must not exceed 25 NTUs outside of the project area during construction.
9 Jim
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service ---?. , ..,
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NC( ®
Page Two
Mr. Barfield
January 6, 2003
Please notify this Office at the number listed below if any problem arises during the construction of the
project that may affect water quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #021907 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E., Director
' Division of Water Quality
Attachments: GC # 3351
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Henry Wicker
WiRO - Noelle Lutheran
401/Wetland Unit, Central Office - Cyndi Karoly
CAMA - Ted Tyndall
CAMA Raleigh - Doug Huggett
Central Files
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
December 11, 2002
029„n
MEMORANDUM:
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review

Applicant: Small Business Administration (Iron Steamer Pier)
Project Location: Carteret County, Town of Pine Knoll Shores at 345 Salter Path Road, adjacent the
Atlantic Ocean.
Proposed Project: Proposes to extend (or reconstruct in the applicant's words) the Iron Steamer
Fishing Pier 520' with an access width of 20' and to construct a 120' X 20' "T-
shaped" platform at the waterward end.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
January 1, 2003. If you have any questions regarding the proposed project, please contact Ted Tyndall at
252) 808-2808. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
SIGNED Phone: [phone] FAX: [phone] kternet: http://dcm2.enr.staie.nc.us
An Equal Opportunity k Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
r`
DCM % DWQ %
Development Type FEE (143001601 435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial ,
development that does not involve $250 100%($250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:

it. Public or commercial development +r
that does not involve the filling or 5400 100%(S400) 0%($0)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B. C, or D
below applies:
III(A). For Private, noncommercial
development, If General water Quality 5250 100%(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality 5400 100%(S400) 0°0 (SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
/
?
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and
5400
0-%1. 240)
40% (5160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality

Certification No. 3301 (see attached)

5400

60%(S240)
0
40 /o (S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475 60%(S285) 40% (5190)
than one acre of wetlands and/or
open water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: SBA c/o Gerald Barfield - Iron Steamer Pier
2. LOCATION OF PROJECT SITE: Carteret County, Town of Pine Knoll Shores at 345 Salter Path
Road, adjacent the Atlantic Ocean
Photo Index - 2000 & 1995 no coverage; 1998: 19-437 (N, O, P, Q-10) 1989: 3 158 30 (Q, R-11, 12
& S-12); 1984: 32 1171 (S, T, U, V-12)
State Plane Coordinates - X: 2,647,800 Y: 349,600
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - December 3, 2002
Was Applicant Present - No
5
PROCESSING PROCEDURE: Application Received Complete - December 11, 20 14
Office - Morehead City
SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Pine Knoll Shores
,7
Land Classification From LUP - Conservation` ?.
(B) AEC(s) Involved: EW and PTA
(C) Water Dependent: Yes
(D) Intended Use: Public/Commercial Pier
(E) Wastewater Treatment: Existing - Septic System
Planned - None
(F) Type of Structures: Existing - Pierhouse, concrete patio and pool, motel, and asphalt parking
Planned - Pier extension
(G) Estimated Annual Rate of Erosion: 2'/year
Source - Annual Erosion Maps
6.
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
EW and PTA of the Atlantic Ocean Usurpation of
12,400 ft2
(C) Other
(D) Total Area Disturbed: 12,400 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes
8. PROJECT SUMMARY: The applicant proposes to extend (or reconstruct in the applicant's words) the
Iron Steamer Fishing Pier 520' with an access width of 20' and to construct a 120' X 20' "T-shaped"
platform at the waterward end.
FIELD INVESTIGATION REPORT:
GERALD BARFIELD - IRON STEAMER PIER/CARTERET COUNTY
PAGE #2
-------------------------------
9. NARRATIVE DESCRIPTION
Project Setting
The applicant has a contract with the Small Business Administration on the 2.71-acre ocean
front site of the Iron Steamer Motel and Pier. The Iron Steamer is located at 345 Salter Path
Road some five miles west of Atlantic Beach in the Town of Pine Knoll Shores, Carteret
County, North Carolina. A 49-room motel, pierhouse with deck, accessory building, asphalt
parking, existing septic system and a concrete bulkhead currently exists on the site in addition
to the remains of a storm damaged pier that now is some 365' long by 15' wide. According to
the applicant, the pier was originally some 1500 feet long but has become shortened over the
years due to damage by storms and the previous owner choosing not to re-built to the longer
length each time. 1984 aerial photographs indicate the pier was some 960' long in that year
but was only 760' in length in 1989 aerial photographs. 1998 photographs show a 710'
structure. All three photographs indicate a 120' long platform located some 300' from the
concrete bulkhead. This platform no longer exists. The property is some 300' in width along
the oceanfront. According to the applicant, water depth at the end of the shortened pier is
approximately -5' below Mean High Water (MHW) and is -15' below MHW some 900'
offshore.
Project Description
The applicant proposes to extend/reconstruct the old Iron Steamer fishing pier. The existing
365' pier would be repaired and extended/rebuilt some additional 520' to a final total length of
885'. The proposed extension would be 20' wide. In addition, a 20' X 120' "T"-shaped
platform would be constructed at the waterward end of the extension. Four 10' X 26' open-
sided sun shelters are also being proposed - two along the length of the pier and two on the
proposed platform. These open-sided shelters would have a center plywood wall to block the
wind and rain.
Anticipated Impacts
The pier extension would result in the usurpation of 12,400 fe of Estuarine and Public Trust
Areas of the Atlantic Ocean. The driving of the pilings would result in a short-term,
construction-related increase in turbidity, but given the sandy substrate, the impact should be
minimal. The extension and platform construction would have some affect on boaters and
swimmers/surfers in the immediate vicinity. The extension would probably create an increased
"buffer zone" perhaps compounding the impact to the boating public. It should be noted that
the proposed pier would out into the Atlantic less than it did in 1984 and only 150' farther than
what it did in 1998, thus it appears that there would be little "new" usurpation impact. The
fishing pier would provide a needed public site for fishermen as well as the general public.
The pier platform would be 20' from the adjacent riparian property owner to the west and
more than 160' from the adjacent riparian property owner to the east.
M. Ted Tyndall - Morehead City - December 11, 2002
Form DCNI-NIP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
/?j/VC /vvs L _Sh
1. APPLICANT
Landowner: Sr=i /err rK f}u0 L'i'TerL
Name S/Y I IJL'S;nc' 15' Address
City iii r ?o r ' State ?? -
Zip s? '? I O Day Ph0n?77 3V`Y-K5"E3
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? t-? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay)/J,/-//4A-;-/C- 4?24-C"/f/I%
3. DESCRIPTION AND PLANNED USE
Fax c 3 L/`f - 7E
b. Authorized Agent:
Name 6- r%ul'
Address ?-
City %? State
?z? z? shy-o763
Zip Day Phone
c, Project name (if any)
NOTE: Permit wit! be issued in name of(andowner(s), and/or
Project nano.
2. LOCATION OF PROPOSED
PROJECT
a. County
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
b. Is the proposed activity maintenance of an existing
I
project, new work, or both? _/21V 7/
c. Will the project be for public, private or commercial
use? P L
d. Give a brief description of purpose, use, metbods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. -77?2 i 'c wr? ('?•"s?i=(c-T/
li?L /iivi 7 C
Form DCM-NIP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract. 71 G -'L
b. Size of individual lot(s) w7 r--
c. "?
c. Approximate elevation of tract above MHW or
NW L d. Soil type(s) and texture(s) of tract
e. Vegetation on tract ?C'i?17 ?' G%1SS
f. Man-made features now on tract !//?iT
v Z C i= ?sG _ scan 5 s J
?, G
g. What is the CAMA Land Use Plan land
classification of the site? (consul! the local land use plan.)
_v-'- Conservation Transitional
?Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? Yes No
(Arrach zoning compliance eerrficare, ilapplicabte)
Has a professional archaeological assessment been
done for the tract? Yes _JC No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ?No
1. Are there wetlands on the site? Yes ?No
Coastal (marsh) Other
if yes, has a delineation been conducted?
(Attach doeumeniadon, if available)
m. Describe existing wastewater treatment facilities.
' i ?G Sys ?r.+?
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an S 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DChi-NIP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses or the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name T
Address/
Phone ( Z-
Name
Address
Phone
Name
Address/ v s -e>lera ?? ZS/c 'C
Phone _ 35 ? 3 3
L?U C /1'7 =-COAST /,z etzle?CMCX'T
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check made payable
Environment, Health,
(DEHNR) to cover the
application.
to the Department of
and Natural Resources
costs of processing the
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained ii the permit.
I certify that to the best of my knowledge, the proposed
activity-complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of C) , V7. ?1-
Print Name c ic
Signature -
(andow"r o Awho ' Ag"
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
_
DCM MP-3 Upland Development
-
_?DCM MP-4 Structures Information
DCM M9-5 Bridges and Culverts
DCM W-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCNI-MP-3
STRUCTURES.
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) ?Commercial _Co=unity _, Private
(2) Number
(3) Length V ?s? Ne,l3'zo'
(4) Width 9
Y.??? R f? New 20
(5) Finger Piers Yes ? No
(i) Number NA
(ii) Lene,.h /Y/I
(iii) width &,d
(6) Platform (s) ? Yes No
(i) Number
(ii) Len?--h
(iii) Width ?201
?
(%) Number of slips proposed
NA
(S) Proximity of strd:-.:-e to adjacent riparian
property lines
/64'-Egs-t
(9) Width of water body f/,V f: c
(10) Water depth at w%_::-ward end of pier at
MLW or N-W1 !.S"
Boadl case (including cote-5d lifts) /1/,4
(1) Co;mne--?Zl Private
(2) Leng-.h 114
(3) Width
c. Groin (e.g. wood, sheetpil!, etc.)
(1) Number NA
(2) Length(s) /((Q?
Breakwater (e.g. wood, sea-pile, etc.) NA
(1) Lea=h NB
(2) Average distance from 1vfHW, NWL or
wetlands AA
(3) bfa.Yimum distance beyond MHW, NV'l or
we"ands l1r?A
e. Mooring buoys /VA
(1) _ Cornmercial Communiry - Private
(2) Number NA
(3) Des.-iption of buoy
(Color inscription, size, anchor, etc.)
?,?1A
(4) Wic::h of water body N?
(5) Dis:zn.e buoy(s) to be placed beyond
Moorin sr,,%=,re (boatlin, mooring pilings, etc.) IVA
(1) _ Commercial Community - Private
(2) Nber
(3) Lea XAh lV
(=) V"
g. OT-he.- (G:.C C' .7CC(t de:Tp::on)
'1 '
r-O I r- . g'rt '5x t /y et/_r L-"l 0 Z6 ?
-Z7roi1 S-T'C'rr??sf
AppU1=, r Pno'Kt Name
Signature 1
Dace '
U. S. SMALL BUSINESS ADMINISTRATION
North Carolina District Office
t
6302 Fairview Road, Suite 300
1933 ?.o Charlotte NC 28210-2227
ISTRP 704-344-6563 9 704-344-6769 (.FAX) • 704-344-6640 (TDD)
November 8, 2002
Gerald Barfield N Vl ? I
279 Bland Howell Road
Kinston, NC 28504 CO?;STAC MANAGEMENT
Re: Iron Steamer COLPUR 26242340-02
Dear Mr. Barfield:
You have contacted the Small Business Administration to request authorization to initiate the permitting process
through Division of Coastal Management (C AMA) to eliminate delays in construction once the property has been
transferred from SBA to you. It is our understanding that as the owner of record, the Small Business
Administration must consent to this action.
This letter should serve as confirmation of the Small Business Administration approval to proceed with the
CAMA permitting process. It has been presented that the entity that is expected to purchase the Iron Steamer
property from SBA is a Limited Liability Company of which you are the 100% owner. This authorization will
thus extend to that Limited Liability Company.
It is understood that this authority does not prevent SBA from negotiating a sale of the Iron Steamer property
should you or the Limited Liability Company be unable to complete the purchase transaction.
1 welcome you and/or the CAMA officials to contact me with any questions or comments regarding this matter.
Sincerely,
/ /-/
Weylan D. (Lanny) Loftis
Loan Specialist
Portfolio Management Division
[phone] Ext. 1114
[e-mail]
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A4
AEC HAZARD NOTICE
Project Is In An:
Date Lot Was Platted:
Ocean Erodible Area ? High Hazard Flood Area Inlet Hazard Area
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dunealteration aredesigned to minimize,but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
erosion rate for the area where your property is located is
feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as feet landward in a major storm.
The flood waters in a major storm are predicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
"Applicant's Signature
/% - L-
Date
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the third year following; the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
Local Permit Officer
Address
Locality
Phone
Revised 11193
Pty NT W ryF United States Department of the Interior
c FISH AND WILDLIFE SERVICE
' s Raleigh Feld O ce
_ Post Office Box 3726
M4qCH 9 Raleigh, North Carolina 27636-3726
January 14, 2003
Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
JAN 82003
???r?;??os c?out?
?,;T?+t"8 ?iIIALffY SECTIO!.'
P. O. Box 1890
Wilmington, North Carolina 28402-1890 I
Subject: Action ID # 200300234, Small Business Administration, Iron Steamer Pier,
Carteret County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
application for a permit under the CAMA-Corps permit process. The applicant, the U. S. Small
Business Administration (SBA) in care of Gerald Barfield, proposes to extend, or reconstruct, the
Iron Steamer Fishing Pier in the Town of Pine Knoll Shores, Carteret County, North Carolina.
These comments are submitted in accordance with the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act (ESA)
of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of
compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR
320.4) as they relate to protection of fish and wildlife resources.
The pier, which extends into the Atlantic Ocean, has been reduced in length over the years due to
storm damage. The pier is now 365 feet long, and the applicant proposes to add 520 feet and add
a 20 foot by 120 foot T-shaped platform at the waterward end of the extended structure. The
environmental impacts are expected to be the usurpation (the conversion from unshaded to a
shaded condition) of 12,400 square feet (0.3 acre) of ocean water. Construction would require
the driving of piles.
The Service has reviewed available information on federally threatened or endangered species
known to occur in Carteret County. We have also reviewed information from the North Carolina
Natural Heritage Program (NCHNP) database on the reported occurrence of these species in the
project area. The NCNHP database shows that the federally endangered West Indian manatee
(Trichechus manatus) has been reported in the waters around Bogue Banks. Schwartz (1995)
reports several documented occurrences of the manatee in the coastal waters of Carteret County.
In August 1983 an adult manatee was seen in the ocean off Shackleford Banks (Schwartz 1995).

Manatees are seasonal transients in North Carolina, primarily from June through October. They
are aquatic mammals which may use freshwater, brackish, or marine habitats. The species can
move freely between salinity extremes. The species may be found in shallow coastal waters,
bays, lagoons, estuaries, rivers, and inland lakes. Manatees are commonly found in water three
to seven feet deep. Manatees spend much of their time underwater or partly submerged, and
this behavior often makes the species difficult to detect. These mobile animals may not inhabit
a given area for extended periods, and manatees may move into a given project site where the
species has never been reported previously. Therefore, the areas that may contain manatees
cannot be determined by visual surveys that are satisfactory for less mobile, year-round species.
To adequately protect this endangered species in North Carolina, reasonable precautions must
be implemented in areas that could be used by manatees during the warmer months of June
through October.
To address the issue of construction activities in water that could be used by the manatee, the
Service recommends that the proposed work at the Iron Steamer Pier be conducted during the
seven-month period from November 1 to May 31. Manatees are unlikely to be in the project
area during this period.
As an alternative to a seasonal work moratorium, the Service developed guidelines, entitled
"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina." A copy of these guidelines (updated in June 2002) is attached.
These guidelines are applicable for work only during the months of June through October.
These guidelines address all types of in-water construction, except blasting, and should produce
little, if any, additional expense. The guidelines are intended mainly to ensure that construction
personnel are informed that: manatees may occur in the work area; that work should cease if a
manatee approaches the work area; work should not resume until the manatee leaves the work
area on its own volition; and, of the procedures for reporting the death or injury of a manatee.
We believe that a permit condition prohibiting work during the June through October period or
including the precautions in our guidelines would result in a project that is not likely to
adversely affect the manatee. With these measures to protect the manatee, the Corps'
requirements under Section 7(a)(2) of the ESA would be satisfied. We remind you that
obligations under Section 7 consultation must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in a manner that was not
considered in this review; or, (3) a new species is listed or critical habitat determined that may
be affected by the identified action.
With a permit condition including a seasonal work moratorium or the Service's guidelines, we
support the issuance of a DA for this project. The Service appreciates the opportunity to
comment on this permit application. Please advise us of any action taken by the Wilmington
2

Corps District. If you have questions regarding these comments, please contact Howard Hall at
919-856-4520, ext. 27 or by e-mail at howard hall afws.gov.
Sincerely,
Garland B. Pardue, Ph.D.
Ecological Services Supervisor
Literature cited:
Schwartz, F. J. 1995. Florida manatees, Trichechus manatus (Sirenia: Trichechidae), in North
Carolina 1919-1994. Brimleyana 22: 53-60.
Attachment
cc: Kathy Matthews, US EPA, Athens, GA
Doug Huggett, NC Division of Coastal Management, Raleigh, NC
David McHenry, NC Wildlife Resources Commission, Washington, NC
111-1-r-lohn Dorney, NC Division of Water Quality, Raleigh, NC
3
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DONE BY COLLIER SURVEYING MAP
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IOK PAGE 57
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SON STEAMER PIER & MOTEL
I, DONALD A. NELMS, A PROFESSIONAL LAND SURVE VAL LAND SURVEYOR, CERTIFY TYPE OF SURVEY: PHYSICAL
NOTES; THAT THIS PLAT CONFORMS TO THE STANDARDS Of E STANDARDS OF PRACTICE FOR SCALE: I w 01 COUNTY: CARTERET
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LINE I $ BASE ON THE TRASH LINE PRECISION AS CALCULATED IS GREATER THAN 1:10, THE HIGH 1"JATER ATER THAN 1:10,000 AND THAT DATE: 10-28-2002 STATE: N. C.
~ R ON EAST, AND WEST PROPERTY LINES THE ANGULAR ERROR OF CLOSURE IS GREATER THI 04ERHEAD POWERLINES A E IS GREATER THAN 20 SECONDS NUMBER OF ANGLES TURNED. TwP: MOREHEAD FILE#: I RONSTEAM
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DONALD A. NE 5, P.L.S. L;~ 50.00 X0.00 a :Q L. S. L JOHN W. COLLIER & ASSOCIATES Q
NOT FOR RECORDING o ~S _ :4 THIS hliAP IS . w r 'a SEAL''
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