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HomeMy WebLinkAbout19860094 Ver 1_COMPLETE FILE_19860101'fl IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 27, 1986 SUBJECT: File No. SAWC086-N-048-0153 Mr. Carl R. Doerter Route 1, Box 71 Scranton, North Carolina 27875 Dear Mr. Doerter: RECEIVED . I l 1 N 3 0 1986 WATU QUALITY SECTION OPERATIONS BRANCH Reference your application for a Department of the Army permit to extend a pier and construct and backfill a bulkhead on Germantown Bay, near Germantown, 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 th&-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. Ken Jolly, telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure r I/ -2- Copies Furnished with enclosure: 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 Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, Virginia 23510 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 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. David Gossett Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 1507 Washington, North Carolina k_ 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 27889 Aeoa,s.?o -a/? -s I I 73uc.rt?A? ?.uos /rCACKH?Ab -y <`CX?S7iN6 HU[RyF?1DEN05 74 sere. It. ? ?f bAQQ?s ? u -- ? 3A Tau-? -fiy V ?? PkorV:t?.qtr ! rr?,y^., •; ? ? 4.Yi5TiN? rtLI P,Y.fQ. ENC of f 4577,y6 p/i,(• ?'/57it,Cs 'Bu[t,v1??90 -L R% ? /mar 7/ .6e1111, ITOAll A/, C. 7 7 S'2 E' PacA.ae?? may: NoTC?% /-/3u4t-,?reAO w?cc tibT ?-?t•1E.?1.o ???o?e TiS?.V 3' /3e`k?r/A ihu?? Z' ?(IN?/M?5 inAq? /fT NRO.?rAL WA7?.f1 LE?G1 /J/ /9Pf7=/CA/fr ?-. •?. L/. I?. L?, ? , 3- ov.?V '2 'CCL? 7a s6 UL,ED .•?: /°?1C.G`i/[. /r??..P/AL ?//Lt"fN?/CL? NC, Q 7 S5/ SCAB ? / " ?' boo' I MAP \ - - - C 7A•eEN /?? N. C. Go u?/Ta? irw A N? n A 1 -? 1 -DELE7 E -- ?T To -if[G ' I L 0 f (o rE.e?a o? / O?/?E2 'yYr-?15 J??uNcy 6"x 6" `UuMF _ ??? WL "CT 7-0 f Permit Class,,.., w New STATE OF NORTH CAROLINA Department of Natural "` ?ond.Community Development Q Majcif Oelt ?. ?.w ?X Excavation'+su f60f ` ypA6suatit to NCGS 113-229 Issued to Carl R. Doerter, Route 1, Box 71, Scranton, NC 27875 Permit Number 117-Rf authorizing development in Hyde County at Germantown Bay, near Germantown as requested in the permittee's application dated 2/14/86 including attached plats,'2, plan view and cross section, modified by DCM, dated 6/10/86. This permit, issued on t 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) The proposed pier extension would not be consistent with 15 NCAC 07H,0208(b) (6)(E) which requires piers along the same shoreline to be within the estab- lished lengths. Therefore, the pier extension is hereby deleted. (2)_ The bulkhead will not extend waterward more than 3 feet from the normal water level at any point along its alignment at the time of construction. (3) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead, (4) The fill material will be clean and free of any pollutants except in trace quan- tities. Metal products, organic materials, or unsightly debris will not be used. (5) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. I (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31 1989 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program, Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. / David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee i ? Carl R. Doerter Permit #117-86 Page 2 of 2 ADDITIONAL CONDITIONS (6) 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. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. i APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION 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 Engineers, Wilmington District (GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information A. Name ?074M ('s4?LL R. Last First Middle B. Address IQ40f47' / POX 71 Street, P. O. Box or Route A G. 7875 Av? -/? ?/ SCre. Ton/ ,. City or Town .? State Zip Code Phone 11. Location of Proposed Project: A. County B. 1. City, town, community or landmarZ 64§lO_W _... 2, Is proposed work within city limits? Yes C, Creek, river, sound or bay upon which project is located or nearest named body of water to project III. Description of Project. A. 1. Maintenance of existing project 2. New work AMS CXTEdr^v,1'_ aulzo646 B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin . length width depth 3. Fill area length width depth 4. Other Eca length width ' -depth C. 1. Bulkhead length 167• - Average distance waterward of MHW (shoreline)- 2., Type of bulkhead construction (material)-? COQ D. Excavated material (total for project) 1. Cubic yards ^ NO946 2. Type of material N!? E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards ifs' t 2. Type of material , d y676 .3NElL5 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? Igr,,,?!t1f4d F. Type of equipment to be used./ AT&A G. Will marshland be crossed in transporting equipment to project site? If yes, explain ?d D& F-81 Rev. 10/78 t a i, V. Intended Use of Project Area (Describe) A. I. Private 2. Commercial. fld? &w ICA ?E,` !?'L5 • STI4/3/G?L 5.S/MEL?Itil& 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) . q L Ace 2. Elevation of lot(s) above mean high water -5r 3. Soil type and texture SAwDU LOA,'I it CIAY .?..,,? 4. Type of building facilities or structures A/»E S. Sewage disposal and/or waste water treatment A. Existing..' XTfC- Planned /V,6w/B B. Describe 6. (Land Classification'(circle one) DEVELOPE TRANSITIONAL COMMUNITY RURAL CONSERVA OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes ? No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project co pletion? Yes_._..No ? 2. Type of discharge N At 3. Location of discharge .VII. Present rate of shoreline erosion (if known): T-"R- ?_,.?, ._..?... VI.11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: 40440074 N•0?183o0a IX. Length of time required to complete project: t_mQL1mg-_ ?. X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'h 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 Z./7.. 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. ESTAMPS OF A :b. f3.4.P?2l.'aelf XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. 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 applica ' n and plat all a ipated devel- opment activities, including construction, excavation, filling, and I clearing. DATE 1W (?? Applica is Signature D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rav. 10/78 [ % Ac?,OPoS.ep -''?%F -S I ljutr?A? avo? APO?oapq i f'?KKN?'Ap -4 - ? % ?T,1 flT 74- 1 w.ui } ' ?yi. -6 `-`? axrs7iN6 AUlR NfRP FNVS -9 -4 -s ?^ G1Rt ? ? -' r- bS ? u -9 -6 V r 5 . . ' ? .CXrSTir,S M?NQ.14f.Q 6-Ifl "fib X157MKs Bu[K N?c,?p alflU 4641274S& A ?i too 4?1 12 R/I A/T'l All IV, C. j / 77€7' ??"- S 2' %/ nRcl?.sP.ED fay NoTE< i-/?rveAA wr?c FQfT /?.1'7E.?1.0 ?r,cY.'e 7RnN 3' ?)bMp i/,cvc a' 6044,01A& j-, rdADC AT NePn?AL CUA?l1 GF?LC /JiJ/ ANr 3- av67ZiZ cuo T ?? a=•EO r ? .rsaa ?r .ri.?? /?iFEN?i' INC. SCAM ? /" •?oo' V/ cwl- z,/ mop 00 \i X l 1_.. --._.- ._ -' - -- - -d - _ Tip Kfw hR?in N. C.. Cau?lTyp . _ra ?- -T ----- - - i???? T x ? f,T?eavS?es - rl. l ? I ->LF-7C - - - -Y-6-7- TD xietG I ?- b /Y1Nf. ---'i I • • ' b"X b" ? uA2? p?.?,vh • • ?"X6" ,?7L??caf.25 • % ? ?_. _ ..1.E ?EF i i i 5.4fE7" Z 6A 7 - NoT T `xAl- I+tyty ilia DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an A. PERMIT: t(s) from f 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 be increased by more than 50 NI"LJ's as a -' result -of the proposed ;activity af ter a reaso ieb .e opportunity f,or 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. No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT A. PERMIT: This office cannot comment on this project until after the close of,the Section, 401 Certification Public Comments`P:eriod This office: has no objection' to the issuance of. the permit(s) for the proposed project with the following condi.tions:: 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 2'5 NTU's_ or,less are not considered .si nificant) D-1LLll.y;:`Xt! V C15, 1L1: t-,i b more than 10.111U s as a result o _ t e propose ac y'"a er "a re" so"Ti abl+ee 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. k 251 No. 1272 issued on November 100 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. 166,15 issued on September 15, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland:dispo.sal. construction. areas. WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT RE CE IV ED MAR 12 1986 WATER QUALITY SECTION OPERA ;•!(;,.?r'33 , x?i??-it:;r::,P'tr::,:':;j:?-i r,}::.?? ,.:r?,i ::. ';;..a;' ?'.:?;':;?.':; ,., t. .,; ,-r: Lt:i•a .,..l;.t .'.....L.. 'l:;-i°: ::. ::??; (°`;?t:.i:ti (=?t:1F?:'ii?,•- i-':':I?;?;i??'t.:r.:,i-'i't i•ti:::?"i? Ft??ti t:i'::,':':::..... ! . . 1 3 ,• (1 1: f't ! t .. : i.....: t.. } }`'•..) : ! I'D T. l.. ,.:; .i. i r l I° I t to ..; i f 'i ; ' ; • , .... a .;:: is:: i ' „I„ (::: = : , :; :' I. ; t:i i..! N.-If ..r `rT ' "A I. j m 1t'i°`,:_ .t.. ,.:,.Tl:.:.. 404 F,iN 0 NI...`Y (1(:: f::.i: 11t ;`, L.. i : k: i'' t I ?•{ t" : .:::, Gi .:; '; i;; :-1::...'r ! (': .:r ,,: I '•.i:..,°,!"r• ::. r',t'!.,°,f, i r : 1.:,... ,,:,• - I4 .. k,r.''•. 3-: A (...x:...,.. t.3.f:lar 1: l...ttJ:.?,•(.:. (j .1,{3} t,.11,7i.j{.??..i?. I' .(:(::.!", 1°t-;l1? lE.tt..i?.?}::.iB ?.+?_li...}:•L.{ {". 1:a t l..il+;i !'j,'';% i:t.:t.?:.:: t.l(:: l...i"fi'+k k:' }...t.1t1 4::: F; Tilok:i:.3 0 F:' h,:i ,F..,0F,t.l "S, ()-L. I 0 F I::.i•. I I::.I'??' :3:;....... .I:I::.(i ? l:; °?...1° I (' ;. .:yi i _i j:°..i f•tP1J:::' t..t1i,1, i 't.!t., T (: ,: ,.. i°. !"? ; L .. i.. ? i..±t.!,. t.: 0 1 'a E:;' : IW ( i' i;; C.) .... t:: i : iN..i.. R r' L., ...• i :I: L.. L. -" t:Y 0S, ;:r i::: _t...i' 4 F: I::: 1 ° I::: is; f ; E: Memorandum To: Jim Mulligan From: David L. Gossett Subj: Application for CAMA Major Permit and/or Dredge & Fill Permit Carl R. Doerter Hyde County Date: 4 March 1986 FG Attached is an application for a CAMA Major and a Dredge & Fill Permit which was received by me on 19 February 1986. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Carl R. Doerter 2. Location of project site Hyde County,'Gennantown, Germantown Bay photo # 89-1067 S-10, T-11, T-12 12-19-84 3. Investigation type: Dredge & Fill' X CAMA X 4. Investigative procedure: W Dates pf site visit 2-27-86 (B) Was applicant present No 5. Processing procedure: Application received 2-19-86 Office Washincrton 6. Site description: (A) Local Land Use Plan Hyde County Land classification from LUP Conservation Development constraints identified in LUP None (B) AEC(s) involved: (C) (D) (E) Water dependent: Ocean Hazard Coastal wetlands Estuarine waters X Yes X No Estuarine shoreline Public trust waters Other Other Intended use: Public Private X Commercial Type of waste water treatment: Existing 'Septic tank Planned None (F) Type of structures: Existing Mobile home, fishhouse, pier,.bulkhead Planned Pier extension, bulkhead extension (G) Estimated annual rate of erosion ± 2' Source DCM staff observation 7. Habitat description: AREA 8. (A) Vegetated wetlands: Dredged Filled Other None N/A N/A (B) Non-vegetated wetlands: (C) Other: Open water + 167 sq.ft. Pier 1175 sq.ft. (D) Total area disturbed:. + 167 sq.ft. 1175 sq.ft. Project summary The applicant is proposing to extend a 65' ions pier fn a length of 300', and extend an existing bulkhead 167' in length. Environmental settin The applicant leases a 0.92 acre tract of land at the end of SR 1139 on Germantown Bay in Hyde County. Located on the property is a mobile home and a fishhouse which consists of a building with decks, bulkhead and a 65' long pier. Most of the property is utilized as a parking area on which is located numerous oyster shells. The portion of the shoreline which is not bulkheaded is covered with oyster shells also. No marsh is present at the site. Project proposal The applicant is proposing the following: (1) To extend the existing 65' long pier an additional 235' which will result in a new pier of 300' in length. The pier will be constructed parallel to the adjacent property line and will be placed 15' from that line. (2) To construct 167' of bulkhead and backfill the confined area with oyster shells. The bulkhead will average 1' beyond the NWL and will be placed 3' beyond the NWL at the furthest point. Envir mental impact If the project is conducted as proposed, no wetlands will be excavated and/or filled. Concerns which should be reviewed are those associated with what effects, if any, will additional boat mooring sites have on the Germantown Bay primary nursery area, and what effects, if any, will the proposed pier have on navigation within the bay. David L. Gossett - Washington Office - 4 March 1986 4 A EAST CAROLINA UNIVERSITY REGIONAL DEVELOPMENT INSTITUTE Willis Building - Corner First and Reade Streets Greenville, North Carolina 27834-4353 Phone 919-757-6650 February 13, 1986 District Engineer Wilmington District Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 Dear Sir: Enclosed please find an application to dredge and/or fill submitted by Carl Doerter of Capt'n Carl's Seafood, Inc. The project site is located at the end of S.R. 1139 near Germantown, N.C. Mr. Doerter would like to extend an existing pier by 2351, thereby making the.pier 3001 long from the shore. This will enhance mooring capabilities of vessels, which, at present are limited. The extention will be constructed as per the existing pier. Trawlers will only moor on the east side of the pier. In addition, he would like to construct a treated wood bulkhead from the end of the existing bulkhead to the property line (bee-drawing).. This bulkhead would extend no more than 3'.from the existing shoreline and would be backfilled with oyster shells. No excavation or destruction of marsh is associated with the proposal. Attached is a letter of consent from the property owners, a copy of the lease, and acopy of the deed. Thank you for your favorable consideration. of this 'request: ;?. ?? ....... ?...?__ _ . ... -_......._..o _._._...?, _,...?.. Sincerely, Bill 1 Development Specialist BP/wer Enclosure East Carolina University isa constituent institution of The University of North Carolina An Equal Opportunity/Affirmative Action Employer EAST CAROLINA UNIVERSITY REGIONAL DEVELOPMENT INSTITUTE Willis Building - Corner First and Reade Streets Greenville, North Carolina 27834-4353 Phone 919-757-6650 February 18, 1986 Davis & Davis Attorney's at Law Swanquarter, NC 27885 Dear Sirs: Enclosed please find an application to dredge and/or fill submitted in behalf of Carl Doerter. It is my understanding that you represent the estate of A. D. Garrish, the riparian landowner of Mr. Doerter. Since you have the names and addresses of the heirs of the estate, the 12 copies enclosed are to be distributed as appropriate. A seperate copy has been sent to Mr. Roy Garrish for his review. I am forwarding these copies to you upon request from David Gossett, Field Consultant, N.C. Dept of N.R.C.D. Thank you for your cooperation. Sincerely, B well Environmen Management nlt East Carolina University isa constituent institution of The University of North Carolina An Equal Opportunity/Affirmative Action Employer t' APPLICATION FOR v PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION 1?- o? EASEMENT IN LANDSCOVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMEti-M, Department of Administration State of North Carolina Department of the Army (GS 14612) Department of Natural Resources and Community Development Corps of Enoneers, wilmington District (GS 113.229,143.215.3(a)(1), 143.21S.3(c), 113A-118 (33 CFR 209.320-329) Please'type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. J, Applicant-Information A. Name biAF?TE2 r.4?L R. Last First Middle' B. Address 6' Street, P. O. Box or Route C+eA+?To?l A/ G X7875' ?1.t6-/b 1f/ City or Town State Zip Code Phone 11. Location of Proposed Project: A. County 14YAE B. 1.;,City, town. caimmunity or landmark 2. Is proposed work within city limits? Yes l„L C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 111. Description of Project A. 1. Maintenance of existing project 2. New work pMAK E ffAITAVI- ROX-0"d B. Purpose of excavation or fill. 1:.. Access channel length width depth 2. Boatbasin length width depth 3. Fill area length----,width- depth 4. Other/? length AAX" widd Vdepth / ? (-4 0.02 ANIMUO rl C. 1. Bulkhead length '/G91, Average distance watetward of MHW (shoreline) 2 Type of_bulkhead:construction (materW) ' A /, ` 0 D. Excavated material (total for project) 1. Cubic yards J1A0A/US 2 Type of material Nf? E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards !VS t 2. Type of material DS/ST`'+2 .SwlEl1,5 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?- JPV D. Fill material source if fill is to be trucked in _Ala E. How will excavated material be entrapped and erosion controlled? AkAf &"AQ . F. Type of equipment to be used .f CA Q #IP G. Will marshland be crossed in transporting equipment to project site? If yes, explain NA D& F-81 Rev. 10/78 iM " . Y. Intended Use of Project Area (Describe) A. 1- Private 2. Commercial PJ-69 A1d/JbB mAA& t4 dF ?95A&l6 STi'4AVLIZ ?ZZINE 3. Housing Development or Industrial 4. Other, B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 31 3. Soil type and texture -'59rVQr,/ LOAM J- OtAY 4. Type of building facilities or structures 4166142 A61nX C/.'mod W16LBSE S. Sewage disposal and/or waste water treatment A. Existing Sir/C Planned IV,6AM B. Describe _ •JV /& 6• (i-and ClassifKation'(circle one) DEVELOPE TRANSITIONAL COMMUNITY RURAL ' CONSERVA OTHER '(See LAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes ""' No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No ? 2. Type of discharge. 3. Location of discharge .VII. Present rate of shoreline erosion (If known): /4' VII I. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if aPPliable:54M?le7Lv1/•? /.23-?07;?4utCO7Q-N-UPS=00I?D :?l?t!(.`071P-A/•OSIB-?di3?: IX. Length of time required to complete project: - do Me?TXdS 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 8Y2 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 7--17- 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 l isted below. ESTATh OF .4.6:= f; ?Q/adiF XI.. Certification requirement: 1 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. 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 applica ' n and plat all a ipated devel- opment activities, Including construction, excavation, filling, and I clearing. DATE W (?OID Applica 's Signature D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/78 + /juurtk?AG CiVD3 F1001?031'd - y •. y v ? j A.?.rxar?if0 -6 ?'f -1Ya ST.1.47? I r A07,?+ -7yi. -7 ?Y nWL -5 ? ?Cx?sTiN6 BULKYfy1D?Nps -,A pe. D f ?'' -r - _r ? ' ? ? PrRrrhSEO.gAp Exr£n(?i?o+d I Cl- ?ATN -4 E1?L?_-AV `? AYis7?N? , R ENa OF EXL57IiyG o/EQ '. 'aw qty ; i v b?? -' KiST,vwrB??crcpl?Ap AT 404k Z ? g?s-• , OVA- L1E?EG: 5 Nd'ff -& WN&4,b wac AHr. 047Z4D .pore 7R?1 /, nWD ~L .?.u,R.D,Z. 2. 3oawa?.? ,,vac ,,? . NsR??AL wA71<Lr [E?6L fsy i!d°.?ncAM' l - i 3-ayart2 GLLS 76 i5E 4GE0 A3 i°.?tGrferL- A .e/AL .;Z7?ENve,4 IC, N.C.... 40". ?_?p -711 PI c.9? n.E2 ?ossECi??! ROLAND C. sRASW2LL GEORGE F. TAYLOR BRASWELL ?L TAYLOR ATTORNEYS AT LAW P. O. Box 1337 O0LUl913OR0. NORTH CAROLINA 275334357 112 NORT11 WILLIAM STREET February 7, 1985 TELEPHONE (919) 734-3361 Mr. ,Carl Doerter Route 1, Box, 71 Scranton, NC 27875 Dear Mr. ` Doerter: This}-will confirm my' telephone` conversation and: conference with you relating to the property owned by Linda Heekin,and Donna Knight upon which is now .located Capt'n Carl's Seafood, Inc.,:and which.you are renting from them.?.I have been iastructed_by:the- owawre of<_the real pr® r r to a v .ae that you may ' put in 'such``. bulkhead extension as. -s needed and a SOO-foot pier at.-"this site on the following conditions: (1) It is your duty and responsibility to obtain all permits and authorizations that;are necessary from the Corp of Engineers. If a formal application is needed to get this dose, either. they will sign it or I am authorized. to sign it as their . attorney. (2) Any and all improvements trade by you under' this authorization become past of the real, property and at the termination of, the rental agreement will become the property of - the 'owXe rs . (3) No authority or authorization to charge anything or, incur: ny ?bligad with any, expectation or represen anon that the owners will pay or will be responsible to pay is authorized. If there are any questions concerning this or if any repre- sentative of the Corp of Engineers has any questions, -please feel free ltd. call me concerning it. You may, present this letter to represntatives of the Corp of Engineers as your authority to proceed and I will verify it if called. Sincerel yours, BRAS & TAYL09 ATTORNEYS RCB: elg B cc: Ms. Linda Heekin Mrs. Donna Knight IN REPLY REFER TO Regulatory Branch DEPARTMENT OF HE ARMY WILMINGTON DISTRICT, CQR S.OF ENGINEERS P.O. BOX 1189b' WILMINGTON, NORTH CAROLINA 28402-1890 February 27, 1986 SUBJECT: File No. SAWC086-N-048-00153 RECEIVED Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box.,27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: FEB 2 8 1986 WATER QUALITY SECTION OPERATIONS BRANCH Enclosed is the application of Mr. Carl R.. Daetter for a Department of the Army permit and a State Water Quality Certification to extend a pier and construct and backfill a bulkhead on Germantown Bay, near Germantown, Hyde County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by April 25, 1986, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. Sincerely, /ga . 'j -Z? Charles W. Hollis Chief, Regulatory Branch Enclosure r 5Awoo I?b M? o ° 4 EAST CAROLINA UNIVERSITY REGIONAL DEVELOPMENT INSTITUTE Willis Building - Corner First and Reade Streets Greenville, North Carolina 27834-4353 Phone 919-757-6650 February 13, 1986 District Engineer Wilmington District Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 Dear Sir: REC. Enclosed please find an application to dredge and/or fill submitted by Carl Doerter of Capt'n Carl's Seafood, Inc. The project site is located at the end of S.R. 1139 near Germantown, N.C. Mr. Doerter would like to extend an existing pier by 2351, thereby making the.pier 300' long from the shore. This will enhance mooring capabilities of vessels, which, at present are limited. The extention will be constructed as per the existing pier. Trawlers will only moor on the"east side of the pier. In addition, he would like to construct a treated wood bulkhead from the end of the existing bulkhead to the property line (see drawing).. This bulkhead would extend no more than 3'.from the existing shoreline and would be backfilled with oyster shells. No excavation or destruction of marsh is associated with the proposal. Attached is a letter of consent from the property owners, a copy of the lease, and a copy of the deed. Thank you for your favorable consideration of this request. Sincerely, Bill- 1 Development Specialist BP/wer Enclosure .3 East Carolina University isa constituent instittitionut The University of North Carolina An Equal Opportunity/Affirmative Action Employer i CAPT'N CARL'S CRAB HOUSE A DIVISION OF CAPT'N CARL'S SEAFOOD 3493 RT. 1, BOX 71 SCRANTON,' 27873 PAY 3 QG'"- OB-7t72!?631 To "M ORDER OF / AM s : _M ?. ii F 1•'? L Il. ?+ L j .rr... 11 f 'J w q !` '? a u 5 E A F Q U `41 ?+?? ?... ..?C...._ _. . 1? ??111 I r 1r/ DOLLARS ?[6NAViN, N,C. t7?10 FOR 1100000349311' 1:25300281: 120372030611' i I r 1* P 274 922 513 P 2.74922 512 RECEIPT FOR CERTIFIED MAIL NO INSURANCE C011ERAOE PROVIDED RECEIPT FOR CERTIFIED MAIL NOT IN W"WATO" MAR NO NISUNANCE COVERAGE PN fto (See Reverse) NOT FOR INTERNATIONAL MAIL (See Reverse) Sent I Street and` O Pty Zt d Postage tl 5? v i 41 Certified Fee rI . Special Delivery. Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered co Return Receipt showing to whom. and Address of Delivery .°= Date . d TOTAL PO s? s3- 1 g Postma ate Is G 0 986 U. GS O P ti a nom'. vi in m ar d c 0 U. N a Sent to ??. Street and o. P0.- late and ZIP Code S X -Nqu Postage 5 7-3 Certified Fee 7 Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Dale Delivered whom. Return Rec Dale. an ` y? TOTA g eff y w (/ ?y SI D ? o nm .I Post r D 86 Us p0 APPLICATION FQR. PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFI 'EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DE ?j Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143.215.3(a)(1), 143-215.3(c), 113A-118 (33 GFR9 091.320-329) 'FED o 6, 6 Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information A. Name DoeV g- Gr4+2L /Q. Last First Middle B. Address QDU7E / 60X 7/ Street, P. O. Box or Route 5t:,e n/ A/ G. -7175" Q-16 - // 1f / City or Town State Zip Code Phone II. Location of Proposed Project: A. County /?Y2E B. 1. City, town, community or landmark E7E?P/r?au?nl 2. Is proposed work within city limits? Yes-, . 1$, .. ? C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 111. Description of Project A. 1. Maintenance of existing project 2. New work P11% aLz_dzA_VV- a? .45 w2, B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area lengthwidth depth 4. Other P= length width 5?-depth C. 1. Bulkhead length /67" Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) 7k4FAZAM 1'W6Q D. Excavated material (total for project) 1. Cubic`yards A4610 2. Type of material NAf E. Fill material to be placed below MHW (see also VI. A) .SNEl1„5 1. Cubic yards # 2. Type of material 41'1374.4e 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 IV it 2, Do you claim title to disposal area? D. Fill-material source if fill is to be trucked in --T- E. How will excavated material be entrapped and erosion controlled? - QUUYQ'4Q F. Type of equipment to be used„( JATEQ PUAO G. Will marshland be crossed in transporting equipment to project site? If yes, explain L1(4 D& F-81 Rev. 10/78 mmiucu use OT rrolect Area (Describe) I` A. 1. Private 2. Commercial file Ahaba eh 1111Jia 3. Housing Development or Industrial 4. Other y, ? ? I I B- 1. Lot size(s) - q L 4= 2. Elevation of lot(s) above mean high water- 3. Soil type and texture _5&ti D4 LOfM1 d- CLAY 4. Type of building facilities or structures rYtn/ / 1"E ^ F16AA A1QL1_1%E' 5. Sewage disposal and/or wastewater treatment A. Existing 64ATrc Planned AhAB B. Describe __A1 1A_ 6. Land Classification! (circle one) TRANSITIONAL. COMMUNITY RURAL CONSERV?DIEVELOPE ON OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes ? No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project corppletion? Yes, No V 2. Type of discharge....! 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: Ee7G»M-D?f -/.23/abT,?jAuaC07?-N-UPS-0 4 d)*d 07P -O1f?-?,,T3 pip3S IX. Length of timerequired to complete project: _(oy!'jop?f 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 8Y2 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 Z-! 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. STATc OF A -0. ?42r2/5 ' ,D/5Y2//.3422 70 /,!E/25. S?,Ji' / ?oPY /oaf t ? SCl M<a11?? XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the applica ' nand plat all an ' ipated devel- opment activities, including construction, excavation, filling, and I n clearing. DATE Applica is Signature RevF 0/78 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS r, BRASWEr E & TAYLOR ATTORNEYS AT LAW yi P. O. BOX 1337 . GOLI)SBORO. NORTH CAROLINA 87533-1357 ROLAND C. BRASWELL GEORGE F. TAYLOR February 7, 1985 112 NORTH WILLIAM STREET TELCPHONE (919) 731-3361 Mr. Carl Doerter Route :1, Box 71 Scranton, NC 27875 Dear Mr. Doerter: This will confirm my telephone conversation and conference with you relating to the property owned by Linda Heekin and Donna Knight upon which is now.located Capt'n Carl's Seafood, Inc., and which you are renting from them. I have been instructed by the owners of the real property to advise that you may put in such bulkhead extension as is needed and a 300-foot pier at this site on the following conditions: (1) It is your duty and responsibility to obtain all permits and authorizations that are necessary from the Corp of Engineers. If a formal application is needed to get this done, either they will sign it or I am authorized to sign it as their attorney. (2) Any and all improvements made by you under this authorization become part of the real property and at the termination of the rental agreement will become the property of the owners. (3) No authority or authorization to charge anything or incur any obligation with any expectation or representation that the owners will pay or will be responsible to pay is authorized. If there are any questions concerning this or if any repre- sentative of the Corp of Engineers has any questions, please feel free to call me concerning it. You may present this letter to representatives of the Corp of Engineers as your authority to proceed and I will verify it if called. S incerel yours, BRASW & TAYLOA. ATTORNEYS cc: Ms. Linda Heekin Mrs. Donna Knight a? ?ry -- - I z"zP" oecrv? , i 8` P/4NEj4 50 1 ?7"`/A/ C?9z /3u??Ap C!?a S?CTionl I--z;,w. ----I AEi1l??An/ , (O ?EiecAPPGD, n OVgL' L S-Y6415 b"xb" ,SquNtE piaNa? 5"xb" b772/N67LQS AeoPoSCV -3'/L -S 111hN?_B a4ACt' Leo CAPA E F1eoPo?ei? _y ,? r.?xKNEA? ' 8 i /6p?' mW4 ?_ I "9?i. -9 EX/S7/N6 fSULKi{lE'ADfNPi -S'h- 'X3 1P i 49P7 N _9 r 10 11t.>" '` 1 a R ?STi?v? /rH?YCQ I P ENO OF EXAS71yS G/EQ u u -G O DO AT / Afar ?7912 • ••' 113A r3iac. pu,,E?? ??EL, 5 P,?ei.4uS/ NOTE% -/ .vets wac AtI7 A MAID M6?e THAN $' 1300 ND Awl, Z' }04NC/M?7 AC AT NOAM4 LU47Z/2 G.f?G! l?+f? /7tP.?G/C?9?I? I? C, Ll.l2. D? Z 3-.ay?TE2 ?/L«S T Fge t/GEO /!O /3tG?/tL /!,i{TGP//IL -7/ EN?KtE NC. I ? 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 February 27, 1986 SUBJECT: File No. SAWC086-N-048-0153 Mr. Carl R. Doerter Route 1, Box 71 Scranton, North Carolina 27875 Dear Mr. Doerter: RECEIVED MAR 0 3 1986 WATER QUALITY SECTION OPERATIONS BRANCH On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received February 20, 1986, for a Department of the Army permit to extend a pier and construct and backfill a bulkhead on Germantown Bay, near Germantown, 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 and Section 404 of the Clean Water Act, has been assigned No. SAWC086-N-048-0153 and will be coordinated by Mr. Ken Jolly, telephone (919) 343-4632. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure .T -2- 0, • "4,v 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 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Mr. David Gossett Morehead City Regional Office Washington Regional Office North Carolina Division of North Carolina Division of . Coastal Management Coastal Management Post Office Box 769 Post Office Box 1507 Morehead City, North Carolina 28557 Washington, North Carolina 27889 Mr. Bill Powell East Carolina University Regional Development Institute Willis Building - Corner First and Reade Streets Greenville, North Carolina 27834-4353 J DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 1, 1986 IN HLMY H"t:H IV Regulatory Branch SUBJECT: File No. SAWC086-N-048-0153 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 APR 0 7 1986 WATER QUALITY SECTION OPERATIONS BRANCH Reference the application of Mr. Carl R. Doerter for a Department of the Army permit to extend a pier and construct and backfill a bulkhead on Germantown Bay, near Germantown, 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. The bulkhead will not be positioned farther than 3 feet waterward from the normal water level (NWL) elevation contour at any point along its alignment. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. No wetland vegetation will be excavated or filled. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters on the United States. I -2- f. The permittee will maintain the pier and bulkhead in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without transferring it to a third party. Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. 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 Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 1507 Washington, North Carolina, 27889 IN REPLY REFER TO Regulatory Branch DEPARTMENT'b THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 March 25, 1985 SUBJECT: File No. SAWC085-N-048-0145 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: RECEIVED MAR I;?a WATER QUALITY SECTION OPERATIONS BRANCH Enclosed is the application of M. Carl R. Darter for a Department of the Army permit and a State Water Quality Certification to construct and backfill a bulkhead and construct a pier on Germantown Bay, Germantown, Hyde County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering pursuant to Section 404 determined that a water under the provisions of of the Army permit will been obtained or waived authorization of the proposed activity of the Clean Water Act, and we have quality certification may be required Section 401 of the same law. A Department not be granted until the certification has In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by May 20, 1985, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. Sincerely, har W. Ho is Chief, Regulatory Branch Enclosure Copies Furnished: 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,. David Gossett '1."-*Sshingtbri?ional Office North:Garolina Division of Coastal Management .15.02 North Market Street Washington, North Carolina 27889 ROLAND C. BRASWELL GEORGE F. TAYLOR Mr. Carl Doerter Route 1, Box 71 Scranton, NC 27875 Dear Mr. Doerter: BRAS W ELL & TAYLOR ATTORNEYS AT LAW P. O. BOX 1337 GOLDSBORO. NORTH CAROLINA 27533-1357 February 7, 1985 112 NORTH WILLIAM STREET TELEPHONE (919) 734-3361 W. 4; 90 gfu g fu This will confirm my telephone conversation and conference with you relating to the property owned by Linda Heekin and Donna Knight upon which is now located Capt'n Carl's Seafood, Inc., and which you are renting from them. I have been instructed by the owners of the real property to advise that you may put in such bulkhead extension as is needed and a 300-foot pier at this site on the following conditions: (1) It is your duty and responsibility to obtain all permits and authorizations that are necessary from the Corp of Engineers. If a formal application is needed to get this done, either they will sign it or I am authorized to sign it as their attorney. (2) Any and all improvements made by you under this authorization become part of the real property and at the termination of the rental agreement will become the property of the owners. (3) No authority or authorization to charge anything or incur any obligation with any expectation or representation that the owners will pay or will be responsible to pay is authorized. If there are any questions concerning this or if any repre- sentative of the Corp of Engineers has any questions, please feel free to call me concerning it. You may present this letter to representatives of the Corp of Engineers as your authority to proceed and I will verify it if called. Sincerel yours, BRASW & TAYLU ATTORNEYS RCB:elg B cc: Ms. Linda Heekin Mrs. Donna Knight APPLICATION 2 MAR FOR 1985 PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT ... Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information ?0CR,T?_2 J A. Name `? J l R C d -2 Last ?j First Middle B. Address I !?/?TO Street, P. 0. Box or Route C /V ( b l City or Town State Zip Code Phone 11. Location of Proposed A. County Pff B. 1. City, town, community or landmark-G-- 2. 2. Is proposed work within city limits? Yes No X C. Creek, river, sound or bay upon ich project is located or nearest named body of water to project `Rz > A III. Description of Project 0 0/J nA) Atl-6? A. 1. Maintenance of existing project 2. New work ??" ??? UIDc?S ?ER/I? 1'TT71 CJ 6/2l1 B. Purpose of excavation or fill 1. Access channel _ **? length width depth 2. Boat basin length width depth 3. Fill area A) length width depth 4. Other I C? length ;300' width r depth C. 1. Bulkhead length 7 Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) '+W04Tf= D. Excavated material (total forpr ject) 1. Cubic yards -Al / q" 2. Type of material E. Fill material to be placed below V-1W (see also VI. A) 1. Cubic yards 2. Type of material d ??5i'Z72 r-IH4:2t S 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 4JA70e Lc11 ? G. Will marshland be crossed in transporting equipment to project site? If yes, explain D& F-B 1 Rev. 10/78 Al. Intended Use of Project Area (Describe) A. 1. Private Get 5L 2. Commercial iLy6k 3. Housing Development or Industrial ar' . 4. Wher B. 1. Lot size(s) '' q a 2. Elevation of lot(s) above mean high water 3. Soil type and texture In /2 C• 4. Type of building facilities or structures 1?L???/LL 5. Sewage disposal^d/or waste water treatment A. EAting A Planned B. Describe ?/-l 7- V 6. !Land Classification' (circle on _M CONSERVATION 1 r- Y- --TRANSITIONAL COMMUNITY RURAL OTHER .(See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes 2?,._ No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No _?(_ 2. Type of discharge 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 o En ineers or State permits for work in project area, if applicable i9WC'O?Iro `Al /J4'?c??i ?_v?£? IX. Length of time required to complete project: X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%2 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 r stered 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. XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the app ' anion and plat all anticipated devel- opment activities, including construction, excavation, filling, a d 'and clearing. b' ? I 1 !V ?^.i? I J? DATE Applicant's Signature D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/78 . 4r o ?-- FAD Gnr?a???N ? ;Tfi rt P, -D $F/13i C'APT w CM Re's ,EAFOOD ?'KO PO?E? i3 uL L 14C'6? Cx I - .,T- . r3 'D O I