19860040 Ver 1_COMPLETE FILE_19860101

All
Permit Class
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Department of Natu
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OF NORTH CAROLINA
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utdJorihrngpesrsuan to NCGS 113-229
Permit Number
237-87
Issued to Charles M. & Charles B. Brooks, Star Route Box 190, Harkers Island, NC 28531
authorizing development in Carteret County at Eastmouth Bay at Harkers Island
as requested in the permittee's application dated 6/10/86 including
attached site map and equipment description dated 6/9/86 and revised project planview
dated received 10/15/87.
This permit, issued on f -Z_ Z is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and fin fish population, no excavation
or filling will be permitted betwenen April 1 and October 1 of any year
without the prior approval of the Div. of Coastal Management.
(2) Excavation will not exceed 2' below the mean low water level.
(3) Silt screens will be installed between the area to be excavated and the
existing canals, and a 24 hour period after completion of the excavation
will lapse prior to silt screen removal to prevent unnecessary siltation
from entering the adjacent waters.
(4) The temporary placement or double-handling of excavated or fill materials
within waters or wetlands is not authorized. In order to prevent spillover
of spoils into adjacent wetland areas,' the spoil material obtained from
the excavation of the new access channel must be placed on a truck or otherwise
conveyed to adjacent highground.
(5) All excavated materials will be confined above mean high water and landward
(See attached sheet for Additional Copditions)
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.
A11 work must cease when the permit expires on
December 31, 1990
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 Pennittee

Charles-M. b Charles B. Brooks Permit #237-87
Page 2 of 2
ADDITIONAL CONDITIONS
of regularly or irregularly flooded marsh behind adequate dikes--or other
retaining structures to prevent spillover of solids into any adjacent marsh
or surrounding waters.
(6) In order to minimize turbidity impacts, the bulk of the new channel and
basin shall be dredged prior to connecting to the existing channel.
(1) Resulting spoil material spread over adjacent highground should be provided
with ground cover sufficient to restrain accelerated or man-made erosion
within 30 days after completion of project.
(8) No excavated or fill materials will be placed at any time in any vegetated
wetlands or waters of the State.
NOTE: It is strongly recommended that the permittee contact representatives
of the Division of Coastal Management and/or U. S. Army Corps of Engineers
prior to undertaking any activity authorized by this permit. Because
of the complexity of this project, it is recommended that a pre-construction
conference be held at the site.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS E
WILMINGTON, NORTH CAROLINA 28402-1890 E -
December 29, 1987
IN REPLY REFER TO 1 IN 3 4 10198
I I'J
Regulatory Branch
Lit
SUBJECT: Files Nos. SAWC086-N-016-0498 and SAWC088-N-016-011
Mr. Charles M. Brooks and
Mr. Charles B. Brooks
Star Route, Box 190
Harkers Island, North Carolina 28531
Dear Messrs. Brooks:
Reference your application for Department of the Army
authorization to maintain and excavate a channel, canal and basin
off East Mouth Bay, Harkers Island, Carteret County, North
Carolina.
Your proposal has been reviewed and found 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
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Copies Furnished with enclosure:
Director, Atlantic Marine Center Mr. Charles Jones
National Ocean Service Morehead City Regional Office
ATTN: MOA 232X1 North Carolina Division of
439 West York Street Coastal Management
Norfolk, Virginia 23510-1114 Post Office Box 769
Morehead City, North Carolina 28557
Ms. Beverly Etheridge, Chief /
Wetlands Section J
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
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
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina
Ms. Ann Miller
State Property Section
North Carolina Department
Administration
116 West Jones Street
Raleigh, North Carolina
of
27611-7687
of
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO
Regulatory Branch
December 19, 1986
SUBJECT: File No. SAWC086-N-016-0498
Mr. Charles M. Brooks and
Mr. Charles B. Brooks
Star Route, Box 190
Harkers Island, North Carolina 28531
Dear Messrs. Brooks:
?
F A E zV
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"C" 2 9 1986

By copy of North Carolina Department of Natural Resources and
Community Development letter to you of December 9, 1986, we have
been informed that your application for State authorization to
maintain and excavate a channel, canal and basin off East Mouth
Bay, Harkers Island, Carteret County, North Carolina, has been
denied. Under the administrative rules of our regulatory program,
denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department
of the Army application is hereby denied, and your file has been
retired.
Mr. David Baker of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. He may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

1.
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--2-
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, NorLA Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post 0 4 ce 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. Nelson Paul
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
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 303.65
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 27611-7637

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
December 9, 1986
Certified Mail
Return Receipt Requested
Mr. Charles M. Brooks
Mr. Charles B. Brooks
Star Route, Box 190
Harkers Island, NC 28531
Gentlemen:
David W. Owens
Director
This letter is in responge to your request for a permit under the Coastal
Area Management Act (CAMA) and the state dredge and fill law to excavate a
boat channel and basin at your property on Eastmouth Bay at Harkers Island, in
Carteret County. Processing of your application, including onsite
investigation under a joint state and Federal review, is now complete. Based
on this review, this office has made the following findings:
(1) The project has been reduced in scope from an earlier design but, never-
theless, would cause to be excavated 2,000 square feet of undisturbed
shallow, estuarine habitat, 5,000 square feet of previously disturbed
area in a mosquito control ditch through coastal marsh and 6,700 square
feet of wetland at a higher elevation;
(2) The method by which you propose to accomplish the work, i.e., "Saver-
man" drag bucket, would require numerous passes over the bottom to-
achieve the desired depth, thus creating a longer time in which tur-
bidity would impact adjacent waters, and sea grass beds. The drag
bucket method of excavation is relatively inefficient and may be
impractical due to the length of the proposed channel excavation;
(3) The intended use of the project area has not been fully disclosed
nor has a less damaging alternative for water access, such as a pier,
been presented for review.
(4) Eastmouth Bay is shallow throughout, averaging about 2.5' in the
center at low water. This important estuarine area would be
adversely impacted by increased excavation or continuous propeller-
caused turbidity when navigation is attempted under design depth, at
low water;
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Ali?
:As
Mr. Charles M. Brooks
Mr. Charles B. Brookz
Page 2
December 9, 1986
(5) There is evidence that mosquito ditches, over time, provide a marine
nursery function when left undisturbed. The project would be pre-
cedent-setting and similar activity in the numerous marsh ditches
on the north side of Harkers Island would lead to_degradation of the
bay system found there;
(6) The proposed project would cause an adverse impact on estuarine and
marine resources defined in the dredge and fill law (G.S. 113-229
(e)(5));
(7) The project is found to be inconsistent with the following partial
listing of Rules of the Coastal Resources Commission:
a) NCAC 15 074.0206(c). The management objective of estuarine
waters is to give the highest priority to the conservation and
management of the important features of estuarine waters so as
to safeguard and perpetuate their biological and economic values;
b) 15 NCAC 7H.0208(a)(2)(A) requires that prior to granting a permit,
there must be a finding that the location and design of the pro-
ject is consistent with the management objective and 7H.0208
(a)(2)(B) requires a finding that no suitable alternative
exist for the project.
Given the foregoing findings, it is necessary that your request for a
permit be denied. This denial is pursuant to N.C.G.S. 113A-120(2) which
requires permit denial at any time the project would cause adverse impacts
described in the dredge and fill law and 113A-120(8) which requires permit
denial at any time the project is found inconsistent with Rules of the Coastal
Resources Commission.
If you wish to appeal this denial, your are entitled to a quasi-judicial
hearing to challenge the factual findings or legal conclusions regarding this
denial. A hearing is similar to a trial, involving appearing before a hearing
officer who listens to the evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. A decision
by the Commission, adverse to you, may be appealed in the courts. Your
request for such a hearing must be in the form of a written petition,
complying with the requirements of Chapter 150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings,
P. 0. Drawer 11666, Raleigh, NC 27604. The request for a hearing must be
submitted to the Office of Administrative Hearings within twenty days of your
receipt of this letter. A copy of this petition should be filed with this
office. Enclosed, please find a petition which may be used for your hearing
request.
If you request a hearing, you have a choice of hearing officers, either a
hearing officer of the Office of Administrative Hearings, or a hearing officer
selected by the CRC (usually a member of the CRC). Unless you waive your
right to a hearing before the Office of Administrative Hearings, the hearing
Ak 4
fit.
A 4%
r. Charles M. Brooks
Mr. Charles B. Brooks
Page 3
December 9, 1986
will be conducted by a hearing officer of that agency. If you prefer to have
your hearing before a hearing officer of the CRC, you must sign the "Waiver"
contained in the enclosed petition form.
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, (2) is necessary in the interest of national security, and thus, may be
federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral, Assistant Director at 919/733-2293, P. 0. Box 27687,
Raleigh, N. C. 27611.
Sincerely,
G? /
Javid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, N. C.
Enclosure

or,
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
October 6, 1986
M E M O R A N D U M
TO: John Parker FROM: Bill Mills 01-? SUBJECT: Application for CAMA Permit
Charles M. Brooks and Charles B. Brooks
Carteret County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
1. This project will not require a 401 Water Quality
Certification.
2. In order to minimize turbidity impacts, the bulk
of the new channel and basin should be dredged
prior to connecting to the existing channel.
Activity in the area outside of the channel should
cause the turbidity to exceed 25 NTU's.
3. The depth of dredging should be limited to 2 feet
below mean low water.
BM/dkb
cc: Preston Howard

IN HtYLY H"tH I U
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
September 18, 1986
SUBJECT: File No. SAWC086-N-016-0498
SE- °221956

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:
RECEIVED
WATER QUAUTY SECTION
OPERATIONS
Reference the application of Mr. Charles M. Brooks and
Mr. Charles B. Brooks for a .Department of the Army permit to
maintain and excavate a channel, canal and basin off East Mouth
Bay, 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. An earthen plug will be left between the basin and the
canal leading to East Mouth Bay until excavation landward of the
plug has been completed. To prevent unnecessary sediments from
reaching adjacent waters, 24 hours will be allowed to elapse
before the plug is removed.
b. No excavated or fill materials will be placed at any time
in any vegetated wetlands or waters of the State. .
c. The temporary placement or double handling of excavated or
fill materials within waters or vegetated wetlands is not
authorized.
d. All excavated materials will be confined landward of the
mean high water (MHW) elevation contour and any regularly or
irregularly flooded vegetated wetlands.
;,"* (' 4% 0

-2-
e. Excavation will not exceed 2 feet below the elevation of
mean low water (MLW).
f. This permit does not grant any property rights or
exclusive privileges.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
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
Region IV
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
A MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 25, 1986.
Bill Mills
Operations Branch
David. H. Cotton
Wilmington Regional Office
A. Preston Howard, Jr.
Wilmington Regional Office
R rE C FE Y
0 w

SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Charles M. Brooks & Charles B. Brooks - Harker's Island
Carteret County
The applicant proposes to maintain a mosquito control ditch for an
access channel and to excavate a channel and basin. The project is
adjacent to Eastmouth Bay in Bogue Sound, classified SA and open to
shellfishing.
The project has been reviewed to determine impacts to water quality.
The following comments are offered:
1. That the project will not require a 401 certification.
2. That the project should be conducted in a manner which minimizes
turbidity disturbances.
a. The bulk of the new channel and basin should be dredged prior
to connecting with the existing channel.
b. The increase in turbidity outside the channel should not
exceed 25 NTUs.
3. That the dredge depth should not exceed 2 feet BMLW as proposed.
This office has no objections provided that the above conditions are
met.
DHC:kc
cc: DCM - Nelson Paul
WiRO
CF
OFFICE OF COASTAL MANAGEMENT Long 76 32 18.
FIELD INVESTIGATION REPORT
1. Applicant's name CHARLES M. & 'CHAS. B. BROOnS .
2. Loca?ion .of project site EASTMOUTH. BAY OFF SR ,1335, HARKERS ISL., • CARTERET COUNT
Photo ref, 1985 38=122-0 P O 4.& 5
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 5-16-86
(B) Was applicant present yes
5. Processing procedure: Application received 7-30-86 Office Morehead City
6. Site description: (A) Local Land Use Plan Carteret
Land classification from LUP_,_gommunit ,JConservat ion
Development constraints identiried in LUP Conservation of sub-
merged grass beds is to be given a high priority according to this LUP Al ,
any eve opment•t at threatens . the integrity of the estuarine system should
.be given ow priority. `
r
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X t
Coastal wetlands Public trust waters X
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 n ?„ P
Planned septic tank
(F) Type of structures: Existing. none
• t
-Planned Residence
• i
(G) Estimated annual rate of erosion NNi/ Source N/A
z
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
Federal 404 type 6700 scr.ft.
(B). Non-vegetated wetlands:
Shallow saltwater inter-
i a :t ew 2000 sq. t.
nravi nil cl dredged
5000 sq-f-t-
(C) Other:
highground area
i Spoil disposal 12,950 sq.ft.
r
(D) ;Total area disturbed: 26,650 sq.ft.
8. Project summary Applicant proposes to maintain a mosquito control ditch for an access
channel and excavate a channel and basin at property adjacent to Eastmouth Bay off
SR 1335, Harkers island Carters o 1

9. Narrative Description
The co-applicants submitted a similar application last year and were
joined by Mr. Thomas Myers.whose property bounds this tract on the
east. Though the proposal at that time imvolved similar development,
various aspects of the project required denial of the permit by
this office. The applicants believe this current request will over-
come these objections and provide navigational access into their,
property.
The property consists of two 2 1/2 acre.lots which border Eastmouth
Bay. The lots stretch from Bayview Drive to the water and are more
or less equally divided between coastal wetlands, 404 type wetlands,
and high ground. The coastal wetlands are composed of black needle-
rush, smooth cordgrass, glasswort and sea lavender. These wetlands
are disected by approximately two ditches dug under the mosquito con-
trol program. These ditches are bordered by intermittent spoil piles
which are vegetated by intertidal salt meadow grass and in some cases
juvenile pine trees. A canal cut parallel to the existing shoreline
separates the coastal wetlands from the 404 type wetlands.
The 404 type wetlands are composed of gum, bay, myrtle, and maple.
Elevations grade up to the-back of the lot, and above the 404 line
the vegetation changes to pines and live oaks. Soils are thin over
the entire tract and have a sandy base.
Eastmouth Bay is a shallow body of water. Water depths in the center
of the bay are approximate 2 1/2' deep during low water at the deepest
point. Offshore this tract to the east are several large patches of
sea grass and some oyster rocks.
The applicants are proposing to construct a 200' long by 10' wide
access channel in Eastmouth Bay to the mouth of a mosquito control
ditch which will also be maintained. A new channel 20' wide in
line with the mosquito control ditch is proposed into the 404 wet-
lands and the channel would terminate in a 100' by 50' wide basin.
All excavation is proposed to be 2' deep below MLW and will be done
with a scraping bucket (see B.K.Pierce Permit No. 4-86) and spoild will
be deposited and spread over the adjacent high ground landward of
the 404 areas. The basin excavation is proposed tc be done by double-
handling the spoils'in the areas proposed to be excavated.
•10. Anticipated impacts
Conducting the project as proposed will result in'the excavation of
2000 sq.ft. of shallow, saltwater intertidal area, maintenance of 5000
sq.ft. of canal bottom, and excavation of 6,700 sq.ft. of 404 type
federal wetlands. Spoil will amount to approximately 1,760 cu.yds
of sand and silt. Eastmouth Bay supports various species of fish
and shellfish which can be impacted directly through excavation or in-
directly through the short term turbidity which can be expected from
this type of operations.
:Submitted by Nelson Paul Date Aug. 15, 1986
0 0
` y APPLICAIION t-olz`, 1 h ?... if
PERMIT TO EXCAVATE AND/Oft FILL WATF. ?CE.RT - 1?( t
EASEMLNT IN LANDS COVERED BY WAi LR CAMA PER I D?V WLJU
-------
Department of Administration State of North Carolina ,+??r• "Department of the Army
(GS 146.12) f)epartment of Natural Rcsourr.cs and Community Development Corps of Engineers, Wilmington Utstrict
(GS 113.229, 1.13.2153(x)(1), 143-215.3(c), 113A•118 (33 CFk 209.310.319) '
4.;
Please type or q.rint and fill in all blanks. If information is not applicable, so indicate by placing N./A in blank. }
N cy
1. Applicant Information ?,O D ??S cif ?? S a •
A. Name
Last First - Middle
E3, AddreSs Flo
Street, P. O. Box or Route
?-/ ?? _ 1.?1g it Q; , ? ? ? 5-3 / • ? -
City or Town State Zip Code Phone
11. 1.0catiort of I'ru ,used P)lC(_t: ;
A. County
B. 1. City, town, community of I.tndmark.?f?
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 fiR
ill. Description of Project - y
A. I. Maintenantc of existing; project 2. New work X
B. Purpose of exCav,1i1on or till
1. Aixecs c.1mr,nei _ h n};th_ "50 width._ _&___dcpttl
2. Boat basin ;lent;th-.2322- wid III aepth 02 ?., L. W#
3. ( ill area ?.. Iength width _tieptFt w »_...._,..?.
.4. Other-..Y length width depth ?._
C. 1. Bulkhead Ient;lh _ Avetage distance'waterw,ud of Mi IW (shorellne)
2. I ypc of hulkhead co strut Lion (material}
D. Lxeavated material (total for proie(t)
1. Cubic yards, J4,00- 2. 1 ypc of mawrial •
E. Fill material to be placed below Pd HW (see also Vf. A)
1. Cubic yards h/O IY N _? Type of material No !r
'IV. Land Type, Disposal Area, and Construction Equipment: YY
A. Dues the area to he exc.rvatcd include any marshland, swamps or other wetland? Yes No ._._?......
B. Ekes the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area '
1. Location??- j!L I/ "y 2, Do you claim title to di,,po:;a! area?
D). I ill material source if !ill is to be trucked in
I., HOW will rxt..IV,ttcd material ht, entrapped anti erosion controlled.) ° B /IY
I ypc o1.equipmoni to h: u',od _,,,_Aei ,t??`
C3 iVill nt.ttvhLrntl he t to•.st-0 if, tr.rn%poiting tytnl:rnent to pr lect site? If yes, c lain «.
,i f1
l)C( Ill ?? ?/ /!d
I:rV 1011A ?n??h'd?a?4•l?I??ahe•, j??A 4 r, r 0-q ry.C/
-
V.. Intended Ose of Project Area (Describe) • '
sA,.."1. Private
• 2. Commercial _
3. Housing Development or Industrial
4. Other
?.
.? a / 3 /o /, S X 7 9Q
B. 1. Lot size(s) Q
2. Elevation of lot(s) above mean high water ?O
3. Soil type and texture !Y --- _ --
4, Type of building facilities or structures -----,---=-?'
5, Sewage disposal and/or waste water treatment A. Existing. Planned
B. Describe -s Z2 C k
6. 'Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTIIER a MA Local Lanti Use Plan Synopsis)
VI. Pertaining to Fill and Plater Quality: V A. Does the proposed projet t involve the placement of fill materials below rnc%tn high water? Yea No...o?._
B..1. Will any runoff or discharge enter adjacent waters a?s/a result of project activity or planner, u;,e tithe
area following project completion? Yesr...Nu_.,Q__ -'
AIIA
2. Type of discharge
3.. Location of discharge
Vil. Present rate of shoreline erosion (if known):
Vill. List permit numbers and issue dates of previous Department of Army Corps of.Engincers or State permits for
work in project area, if applicable:
IX, Length of time required to complete project:
X. In addition to the completed application form, the following items must be provid d:
A. Attach a copy of the deed (with State application tro(y) 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 812.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 jdjaceat riparian Ian owner 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 comments to agencies listed below.. 7
-JAL. V.
---y It A . , r--t) < <• O!A 7-2) qA V ZAS /4
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XI. Certification requirement: I Certify that to the best of my knowledge, the proposed activity complies
with the State cif North Carolina's approved coastal management program and will be conducted in a
manner consistent with mah program.
XI1: Any lierntit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Appli:•ants .horrld thete(ore describe in the application and plat all anticipated deJel-
?hpment activities, includinr• construction, excavation, filling, and land clearing.
DATE' 1I.? t,.:? _ I ?p ? Ct!L sa./ '/Y' ____-----
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Appli.:ant's Signature
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OFFICE OF COASTAL MANAGEMENT Long 76 32 18
Fyn. FIELD IWIESTIGATION REPORT
1. Applicant's name CHARLES M. & CHAS. B. , BROOI?',,S .
2.. Location of project site EASTMOUTH BAY OFF SR .1335, HARKERS ISL.,- CARTERET COUNT
Photo ref. 1985 38-122-0 ?<2 4 & 5
3. Investigation type: Dredge & Fill X CAMA x
4. Investigative procedure: (A) Dates of site visit 5-16-86
(B) Was applicant present yes
5. Processing.procedure: Application received 7-30-86 Office orehead city
s
6.. Site description: (A) Local Land Use Plan Carteret Land classification from LUP__,Community/Conservation
Development constraints identified in LUP Conservation of sub-
merged qrass beds is to be given a high priorit according to this LUP. Al ,
any eve onment•t at t_reatens the integrity of the estuar_in_esystem should
be given ow priority.
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters X .
Estuarine waters X Other
(?,) Vater dependent: Yes. X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing
Planned septic tank i
(F) Type of structures: Existing. none
-Planned Residence
(G) Estimated annual rate of erosion N' A Source N/A t
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
Federal 404 type 6700 sq.ft.
(B) Non-vegetated wetlands:
Shallow saltwater.inter-
i a :l New 2000 sq. t.
pre-1mr,s dredged
(C) $000 sq-ft-
Other:
highground area `
Spoil disposal 12,950 sq.ft.
< <
(D) ;Total. area disturbed: 26,650 sq.ft.
8. Project summary Applicant proposes to maintain a mosquito control ditch for an access
channel and excavate a channel and basin at property adjacent to Eastmouth Bay off
SR 1335, Harkers Bland Carteret County

9. Narrative Description
The co-applicants submitted a similar application last year and were
joined by Mr. Thomas Myers.whose property bounds this tract on the
east. Though the proposal at that time imvolved similar development,
various aspects of the project required denial of the permit by
this office. The applicants believe this current request will over-
come these objections and provide navigational access into their
property.
The property consists of two 2 1/2 acre.lots which border Eastmouth
Bay. The lots stretch from Bayview Drive to the water and are more
or less equally divided between coastal wetlands, 404 type wetlands,
and high ground. The coastal wetlands are composed of black needle-
rush, smooth cordgrass, glasswort and sea lavender. These wetlands
are disectod by approximately two ditches dug under the mosquito con-
trol program. These ditches are bordered by intermittent spoil piles
which are vegetated by intertidal salt meadow grass and in some cases
juvenile pine trees. A canal cut parallel to the existing shoreline
separates the coastal.wetlands from the 404 type wetlands.
The 404 type wetlands are composed of gum, bay; myrtle, and maple.
Elevations grade up to the back of the lot, and above the 404 line
the vegetation changes to pines and live oaks. Soils are thin over
the entire tract and have a sandy base. -
Eastmouth Bay is ashallow body of water. Water depths in the center
of the bay are approximate 2 1/2' deep during low water at the deepest
point. offshore this tract to the east are several large patches of
sea grass and some oyster rocks. ,
The applicants are proposing to construct a 200' long by 10' wide
access channel in Eastmouth Bay to the mouth of a mosquito control
ditch which will also be maintained. A new channel 20' wide in
line with the mosquito control ditch is proposed into the 404 wet-
lands and the channel would terminate in a 100' by 50' wide basin.
All excavation is.proposed to be 2' deep below MLW and will be done
with a scraping bucket (see B.K.Pierce Permit No. 4-86) and spoild will
be deposited and spread over the adjacent high ground landward of
the 404 areas. The basin excavation is proposed to be done by double-
handling the spoils'in the areas proposed'to be excavated.
10.• Anticipated impacts
Conducting.the project as proposed will result in the excavation of
200D sq.ft. of shallow, saltwater intertidal area, maintenance of 5000
sq.ft. of canal bottom, and excavation of 6,700 sq.ft. of 404 type
federal wetlands. Spoil will amount to approximately 1,760 cu.yds
of sand and silt. Eastmouth Bay supports various species of fish
and shellfish which can be impacted directly through excavation or in-
directly through the short term turbidity which can be expected from
this type of operations.
itiSubmitted by Nelson Paul Date Aug. 15,:1986
. y OU
APPLICAf ION
FUR
PERMIT TO EXCAVATE AND/OR FILL WAT
EASEMENI' IN LANDS COVERED BY WAI ER CAMA PE
V U `r ------ --
Department of Administration State of North Carolina -??+•- 'Oepartment or the Army
(GS 146.12) Department of NaluG+l Rcsouri-cs and Community Development Corps of Engineers, Wilmington Ulstriet
(65 113.229, 111-215.1(x)(1), 143-215.3(c), 113A•118 (33CFk 209.320.329)
Please type or grist and fill. in all blanks. If information is not applicable, so indicate by placing WA in blank.
?f'O o ?`sS ?h 07 ?e . ? •
L App{icant Information G /??. I? S >•
A.. Name
Last First Middle ,
B. Adclre%s S?iq?Z Ov7"cC'. 4 O f?
Street, 1'. O. Box or Route
/22
City or I owt, State Zip Code PI?©ne
11. Location of Pro >osed P ojett:
A. County e t ?_
z.......:,,
_.._1_Z!?_~3 /Y
B. 1. City, town, community or landmark
2. Is proposed wort, within city limits? Yes. No
C. Cnxl.; river, sound or bay upon which project is located or nearest named body of water to Project
Ill. Description of Project y
A. 1_ Maintenance of existing project 2 New work x ..
13. Purpose of V.KC.rv,1t1un or fill I] M
. Sa _ ?la'?• •
l f .Access channel , Ie nl lh _ Q ..L`! wi"Ilh _&Z-depth
2. -Boat basin Icngth?24?? width depth
02
1 ill area # _ length width --depth
X Other._.. length width depth ..-
C. {, Bulkhead Irngth _ /V/A Ase -age cfiaance watcrw,+r t1 of Ml l'vV (shoreline)
2. Type of bulkhcad co cuu+ rion (material)
AIA
(}• Lxeavaled material (total for project) i )
{. Cubic y.rrc?s ??Q _2. Type of material IJ' l? .?! L
E. fill material it, be placed below M HW (,cc also Vt. A)
1. Cubic yards0 /Y r _2 Type of material ?? `? E°
I.V. Land Type, Disnosal Area, and Construction Equipment:
A. Dues the area to he exc.rvated include any marshland, swamps or other wetland?. Yes No
-7,' 13. Dues the disposal area include any marshland, swamps of other wetland? Yes No _
C. Disposal Area /
??JC?----?./.L?_v/?"
1. Location
2, Do you claim titla~ to cfi,fr+.rsa! area? -? 7V C S A114
D. I ill nt.rtcri.tl source if !ill is to be trucked in
I,. Ilow will exc.+vated material tit, entrapped and erasion controlled?,„ 0/;? C S jai,,A?? B /N
?4 IN
. i (ypc of c,luipnu n1 to ! : u•o•,iym
_...? ..-
m.+t.hLrnil Ire err ,gee' n+ Uan,portira; tcitt Ir% pr lest site? If yes, e lain
(,, Will
ur 13t C.hc?/Y?I'c° ?i/Y 1?1?I
a p O-q rY
Rev 1 n,•,,j
„V Intended Use of Project Area (Describe) • - "
V00A. 1. Private ?d a? i?1 S / ??
2. Commercial _ '
3. Housing Development or Industrial
4. Other
ti
B. 1. ,Lot size(s)
'z 990 2. Elevation of lot(s) above mean high water ?O Feet
3. Soil type and texture .S A N cl
y- --
4. Type of building laeilides or structures
t `
S. Sewage disposal an.d/or waste water treatment A. Existing . Planned
B. Describe
6. 'Land Classification'(circle onc) DEVELOPED TRANSITIONAL., COMMUNITY RURAL
CONSERVATION OTHER - e MA Local Lanai Use Plan Synopsis)
VI. Pertaining to Fill and Plater Quality:
A. Does the proposed project involve the placement of fill materials below rnean high water? Yes_.._..No...LL._
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned u;c o4the
area following project completion? Yes No
2. Type of discharge AIIA
R
3. Location of discharge "
VII. Present rate of shoreline erosion (if known): . .
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: NZA
Y IX. Length of time required to complete project:
X. In addition to the completed application form, tl-re following items must be provid d:
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 8yz X 11" white gaper (sec 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 Itn ns ncr by registered of
certified mail or by publication (G.S. 113-229 (d))knter date served
D. List names and comp lme addresses of the riparian landowners with property adjoining applicant's. •
Such owners have 30 days in which to submit comments to agencies listed below., 7 #1
W 01 l'4Nt 1). 6/00 ' _ ?'v? ?s7`' C' i ire ?e S y" .t! ?• A?i -_IA . V.
t
XI. Certification requirement: I certify that to the best of my knowledge, the propowd activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with arch progrunt.
Xli. Any perntit inured pur.u.rnt to this application will allow only the development described in this appli-
cation and plat. Apph,.-amts %hoiuld therefore describe in the application and plat all anticipated dcJel-
pment activities, including construction, excavation, filling, and land cleating.
-4? 00 ?4'L1 ? ?? ?r.
DAT E:
J Applicant's Signature
per n
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
August 20, 1986
Mr. John S rland, Chief
WatXiiggghh, anning ection
Divof Wat Reso rtes
Rai North Car ina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
CHAS. M. AND CHAS. B. BROOKS
Applicant's Name
Eastmouth Bay, Hark Isl. Carteret
Location of Project County
X_ for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
..* is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 9/10/86
Sincerely,
Joh R. Parker, Jr., thief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
k,.r
I
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 21, 1986
SUBJECT: File No. SAWC086-N-016-0498
Mr. Charles M. Brooks and
Mr. Charles B. Brooks
Star Route, Box 190
Harkers Island, North Carolina 28531
Dear Messrs. Brooks:
RE EIVEr
AUG 2 5 1986
ftl t+, YOAUTY SECTION
OPERATIONS SPAIVCH
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 August 18, 1986, for a
Department of the Army permit to maintain and excavate a channel,
canal and basin off East Mouth Bay, 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, has been assigned No. SAWC086-N-016-0498 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

..rr
-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
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 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. Charles Jones Mr. Nelson Paul
Morehead City Regional Office Morehead City Regional Office
North Carolina Division of North Carolina Division
Coastal Management of Coastal Management
Post Office Box 769 Post Office Box 769
Morehead City, North Carolina 28557 Morehead City, North Carolina 28557