19860068 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
April 17, 1987
SUBJECT: File No. SAWC087-N-048-0090
Mr. Scott Cottrell
Post Office Box 130
Ocracoke, North Carolina 27960
Dear Mr. Cottrell:
CF V F-0
AP R. ? ?- 1987
%\JE ???At?YYrSFCTIOi?
FkT4nn_5 ,.. .
UPr
Reference your application for a Department of the Army permit
to construct a pier with finger piers and pilings and a dock on
Silver Lake, off Pamlico Sound, Ocracoke, Hyde 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 Ms. Alison Arnold,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
e
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
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. 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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Lee Pelej
Ecological Review Branch
Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

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RECEIVED
1q

Permit Class
Ne STATE OF NORTH CAROLINA
Department of Natural Community Development
C ' eS8 r ion
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a Mai e 1 a in,
onmental
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0 Excavation t ?6r ` vpf?i* to NCGS 113-229
Permit Number
40-87
Issued to Scott Cottrell, P. 0. Box 130, Ocracoke, NC 27960
authorizing development in Hyde County at Silver Lake, adjacent to N. C. 12
as requested in the permittee's application dated 11/10/86 including
attached plats, 3, plan view, pier detail and location dated received 11/19/86.
This permit, issued ons?A , 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) All parts of the pier or attendant structures will be set back 15 feet
from the adjacent property owner's areas of riparian access. The dock
parallel to the shoreline must also be set back 15 feet from the adjacent
property line. The Maximum length of the proposed pier shall be 155',
measured from the bulkhead.
(2) The marina shall prominently post and enforce a no sewage discharge policy.
„ (3) The marina will d7 spJsign_ showing tie. location of _th.e. nearest. pumpo.ut . .. .
facility, listing the telephone numbers of local septic tank pumping services
and including other appropriate waste disposal information.
(4) All floating structures, other than boats, used for habitation or commerce
(as defined in 15 NCAC 7M.0602) shall be in conformance with local regulations
for onshore sewage treatment.
(5) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-related
discharge.
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. 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.
i
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
ADDITIONAL CONDITIONS
(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 having it transferred to a third party.
NOTE: The permittee must obtain approval from the Hyde County Health Department
for use of the existing septic tank system to serve the additional facilities.
NOTE: The permittee should contact the Division of Archives and History at
[phone] for assistance in developing a design for the gift shop
which would be appropriate for the historic character. of the Ocracoke
waterfront.

A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O, BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 28, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-048-0090

f= 21D,97
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 Mr. Scott Cottrell for a
Department of the Army permit to construct a pier with finger
piers and pilings and a dock on Silver Lake, off Pamlico Sound,
Ocracoke, Hyde 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. 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. Use of the permitted activity
must not interfere with the public's right to free navigation on
all navigable waters of the United States.
b. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of this
permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a
third party.
c. The authorized structure and associated activity will not
cause an unacceptable interference with navigation.

d. This permit does not grant any property rights or
exclusive privileges.
Questions or comments may be addressed to Mr. Hugh Heine,
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. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
rr
JAN 2 IAg7
Oct "I
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
Janies G. Martin, Governor
S. 'Fhomas Rhodes, Secretary
December 17, 1986
Mr. Stephen G. Conrad, Director
Division and ?c2ss
Rafe" North Carolina 27611
Dear Mr. Conrad:
The attached copy of an application submitted by:
SCOTT COTTRELL
Applicant's Name - --- ------------ ---- -----
David W. 0\vens
I )irector
Silver Lake at Ocracoke Hyde
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
X_. 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
Sincerely,
h R Parker, Jar4.i ef
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27087. Raleigh, North Carolina 27(11-7087 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concernYng an application for State Federal C Permit(s) from _5ce(f-
(J ; e. ISJL C C ?. / c?
aiA/lrt t ?1 1'J ?? XJK c? ' V^ c E ` ?GfL , ?t ?c e 11 .tom
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.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
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
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.
/ I
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

NKDATA D /t::AMA,•'401 REV DATE 12/19/86
AC
TION } ADD FILE } DFCAMA401 I°';s"WD )
FORMAT
} NRDFCAMA NEXT'
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ACTION = ADD, ENTER DATA, REC. ADDED IS 00163 FRD DATA
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PF;(:i..J O: 001 64 F'E;f:1..1 : t: OTTRAGL .. , ;'.•'COTT
ASSIGNED TO: WJM COUNTY
JOINT NOTICE : DARE: RE
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TYPE CERTIFICATION ' ? D A ? 1 I I'111 1,
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RECEIVING STREAM:
SILVER L
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CLAS FINAL REPOR T:, 8612l(.'
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COMMENTS: S: SC BASIN: TAR'.
SITE LOCATED ADJACENT TI::1 ,`.:'II...`•,'i..:R i...AK.E AT ;::1CRAC+::1KJ:::
PROPOSAL TO CONSTRUCT I S5 X h 1:.T WOODEN F`II..:!2 AND fi't' X ;::. WOODEN i:ii.::CK ADJACENT TO
AN EXISTING BULKHEAD
COPIES: L.{,'lRCi.._CE::NT'1= AL......M:E;...1...4'_•i,JOOD
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MEMORANDUM:

TO: BILL MOO RE
FROM: George H. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit
DATE: December 17, 1986
Attached is an application by SCOTT COTTRELL
which was received by me on 11/19/86 I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.

MEMORANDUM:

TO: BILL MOORE '
FROM: George N. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit
DATE: December 17, 1986
Attached is an application by SCOTT COTTRELL
which was received by me on 11/19/86 I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
' Or•FtCE OF COASTAL`MANACEMENT
FIF.Ln 7NVESTICATION REPORT
1. Applicant's name SCOTT COTTRELL
2. Location of project site Silver Lake at Ocracoke
84 series H-2
3. Investigation type: Dredge b Fill CAMA X
4. Investigative procedure: (A) Dates of site visit 10/8/86
(R) Was applicant present
. S. Processing procedure: -Application received 11/19/86 Office Elizabeth City
6. Site description: (A) Local Land Use Plan a Hyde
Land classification from LUP developed
Development constraints identified in LUP none
(R) AEC(a) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters X
Estuarine waters A Other
(C) Water dependent: Yes X No Other
(n) intended use: Public Private Commercial dock space for boats
I
(1:) Type of waste water trentment: Existing' septic tank and drain field
Plnnned
(F)- Type of structures: Fxisting house
Planned Retail shop
(C) Estimated annual rata of erosion none- Source bulkheaded
7. 11abitnt description: ARrA
(A) Vegetated wetlands: Dredged Filled other
(R) Non-vegetated) wetlands:
(C) other: disturbed
highground 500 sq. ft.
(D) Total area disturbed: 500 square feet.
A. Project summary The applicant proposes, to construct a retail and gift shop and a
185 foot long by 6 foot wide pier with a 30 foot long by 6 foot wide "T" head at
his property on Silver Lake in Ocracoke. Also proposed is a 97 foot long by 8
foot wide dock parallel to the existing bulkhead.
T' . •
SCOTT COTTRELL
BIO REPORT
PAGE 2
SITE DESCRIPTION:
The applicant owns two parcels of land on Silver Lake in Ocracoke. One of the
lots supports the Anchorage Inn and two commercial piers with waterfront improvements
which were authorized under LAMA permit #52-80 and have been constructed. The adjacent
piece of property is the subject of this request. This piece currently supports a
house on the western side of N.C. #12 which is serviced by a septic tank and drainfield.
On the eastern (or Silver Lake) side of N.C. #12, the shoreline has been bulkheaded
under general permit #1411-A. The shallow waters of Silver Lake extend up to a narrow
and sparse fringe of Juncus roemerianus in front of the bulkhead.
The applicant proposes to construct a retail and gift shop at the edge of the
bulkhead. This building will not constitute covering more than 30% of the AEC with
impervious surfaces. Also proposed is the construction of a dock parallel to the
bulkhead which will be 97 feet long by 8 feet wide. A six foot wide commercial dock
with finger piers will extend 185 feet into Silver Lake with a 30 foot X 6 foot "T".
This pier can accommodate seven commercial fishing boats.
ANTICIPATED IMPACTS:
The construction of the pier will result in some elevated turbidity levels which
should be temporary and localized. The number of boats which this project can accommo-
date would not constitute a marina under CAMA guidelines, however, this project in
conjunction with the existing piers for Anchorage Inn would allow more than 10 boats
to be moored in this area.
CAMA REVIEW:
This project site is classified as developed in the Hyde County LUP.
Submitted by: George H. Wood Date: December 17, 1986

APPLICATION
Iwov--9 "
FOR
??..,.
?
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION Lw:iiiiiiiiiiiiiiii
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Err; rs. WQmlrr{som Dlsttkt
(GS 113-229,143-215.3(a)(1), 143.21S.3(c), 113A-118 (33 CFR 209W,
U^ ?Cr0 ?`FO
Please type or print and fill in all blanks. If information is not applicable, so indicate by plaeinS N/A in Wank. Oje'%,
?? X980„
1. Applicant Information
A. Name Cottrell. Scott
l?cast First Middle
B. Address P • U • Box 130
Street, P. O. Box or Route
Ocracoke, N.C. 27960 919 928-1101
City or Town State Zip Code Phone
II. Location of Proposed Prroject:
A. County Hyde
B. 1. City, town, community or landmark Ocracoke
2. Is proposed work within city limits? Yes X No
C. Creak, river, sound or bay upon which project is boated or newest named body of water to project
Silver Lake off Pamlico Sound
III. Description of Project Building 12'x 36 -
A. 1. Maintenance of existing project 2. New work Pier W .fin er piles, tie off piles
B. Purpose of excavation or fill M ck paral `er to u e S
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes --No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in -
E. How will excavated material be entrapped and erosion controlled?
F. Type of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
DRF-B1
Rev. 10178

V. boubd Use of Project Ara (DearM)
A. 1. Private
2 Commercial oc space or s ng boats
3. Housing Development or Industrial ._ ,.
4. Other
95 x 270
e. I. Lot sue(s)
2. Elevation of lot(s) above mean high water 3 fee t
sandy
,3. Soil type and texture
4. Type of building facilities or structures house
S. Sewage disposal and/or waste water treatment A. Existing s e pt i. a tar> nod
6. Describe
6. Land Classification (circle one<
CONSERVAT
VI. Pertaining to Fill and Water Quality:
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
x ?
area following project completion? Yes-No
2. Type of discharge
3. Location of discharge
VII. hung rate of shoreline erosion (if known): unknown
VIII. List permit numbers and issue dates of
. work in xeject area if applicable:
Tv ou Sep ment o Army Cor .of Engineers or State permits for - 2- )080
f ? -
- IX Lw4ph of time required to complete project: 1 year
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 g% 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
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.
Anchorage Inn, Ocracoke, N.C. 27960
Albert Rose P.O.Box 2bt3j, Rocky yloun't, N.G. zyoul
TRANSITIONAL COMMUNITY RURAL
R (See CAMA Local Land Use Plan Synopsis)
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinas approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application.and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
11-10-86
Applicant's Signature
DAF42 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10178
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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
November 19, 1986
SUBJECT: File No. SAWC087-N-048-0090
Mr. Scott Cottrell
Post Office Box 130
Ocracoke, North Carolina 27960
Dear Mr. Cottrell:
RECEIVED
NOV 2.4 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWCO80-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 November 17, 1986, for a
Department of the Army permit to construct a pier with finger
piers and pilings and a dock on Silver Lake off Pamlico Sound,
Ocracoke, Hyde 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. SAWC087-N-048-0090 and will be
coordinated by Mr. Hugh Heine. He is available to address
questions or comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
" 'r
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
Elizabeth City, North Carolina 27909
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
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street