20051446 Ver 1_Complete File_20050801

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek; P.E., Director
Division OT Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

September 1, 2005

Nick Weaver
PO Box 10009
Goldsboro, NC 27532

SUBJECT:

Approval of 401 Water Quality Certification
and Additional Conditions
Sleepy Creek Farms, Inc.
1438 Harker's Island Road
DWQ Project # 051446
Carteret County

Dear Mr. Weaver:

You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity located on your 1.2 acre site located at 1438 Harker's Island Road adjacent to Back
Sound, on Harker's Island in Carteret County. This approval allows you to:

1. Place fill an average of 12' waterward of the existing escarpment in a 60' area on the east side of
the lot.
2. Grade the shoreline escarpment at NHW at the west side of the lot to the new backfill on the east
side.
3. Place filter cloth and rip rap an average of 10' in front of the sand material.

This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality (DWQ) Wilmington regional Office (WiRO) on
August 1,2005 and amended CAMA application dated June 22, 2005. After reviewing your application,
we have determined that General Water Quality Certification Number 3400 covers this activity. This
Certification can also be found on line at: http://h20.enr.state.nc.us/ncwetlands/certs.htmI.This
Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues
it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your
project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations, NPDES and Coastal Stormwater. In addition, this approval will expire when
the accompanying CAMA Permit expires unless otherwise specified in the General Certification.

Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the enclosed certification
and the additional conditions listed on the following page:

N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One .

An Equ~ Opportunny/AffifTl1ative Action Employer - 50% Recycledl10% Post Consumer Paper ~~a;;>>;a

Page Two
Nick Weaver
DWQ Project # 051446
September 1, 2005

1. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notice Applioation. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.

4. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to this office and a copy to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.

Please notify this Office at the number listed below if any problem arises during the construction
of the project that may affect water quality.

Please read the conditions associated with General Certification # 3400 (enclosed),and if you
do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days ofthe date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

This letter completes the review of the DWQ Permit #051446 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.

Sincerely,

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Alan W. Klimek, P.E., Director
Division of Water Quality

Attachments: GC # 3400
Certificate of Completion

cc: Corps of Engineers Wilmington Field Office - Hemy Wicker
DCM WiRO - Mark Hardeman
DCM Morehead - Doug Huggett
40 I Oversight/Express Review Permitting Unit - Ian McMillan
WiRO

THIS IS NOT
A CAMA PERMIT

THIS !S NOT
MIT

WQC #3400

CAMA PERMIT CERTIFICATION

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
GENERAL PERMIT NUMBER 198000291 ISSUED TO THE
COASTAL MANAGEMENT AND RIPARIAN AREA PROT

This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.

The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301,302,303,306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.

Conditions of Certification:

1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;

2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;

3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;

4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;

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SEP 9 2005 '-

DENR - w. ... ...
WE7'i.ANos ANo ,~~~~,~UALI T \'
..,4 I [R BRANCH

WQC #3400

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The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.

Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.

Effective date: March 2003

DIVISION OF WATER QUALITY
By

Alan W. Klimek

Director

WQC # 3400

3

Certification of Completion

DWQ Project No.:

County:

Applicant:

Project Name:

Date of Issuance of Isolated Wetland Permit:

Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401IWetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.

Applicant's Certification

I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.

Signature:

Date:

Agent's Certification

I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.

Signature:

Date:

If th is project was designed by a Certified Professional

I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.

Signature:

Registration No.

Date

401 permits

Subject: 401 permits
From: Patricia Collins <Patricia. Collins @ncmail.net>
Date: Wed, 07 Sep 2005 13:27: 19 -0400
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>,
Henry [e-mail], Doug Huggett <[e-mail]>

The following 401 permits have been issued:

Sleepy Creek Farms

Carteret Co.

DWQ# 20051446

Carteret Community College

Carteret Co.

DWQ# 20050589

patricia Collins
Administrative Assistant

N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water PrQtection Section
Wilmington, North Carolina

Phone: [phone]
Fax: [phone]

1 of 1 9/7 /2005 I :27 PM

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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission

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aJor eve opment 111 an rea 0 ., nVlronmenta 'f..' " n. . , 111"'1".'1.' ',', fIR!NCH
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pursuant to NCGS 113A-118 -'~. ,

l. Excavation and/qr filling pursuant to NCGS 113-229

Issued to Sleepy Creek Farms, Inc., PO Box 10009, Goldsboro, NC 27532
)f. Authorizing development in Carteret County at adj. Back Sound, 1438 Harkers Island Rd.,
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, 3) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, t
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~ (See attached sheet for Additional Conditions) ~

f This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the ~
..",::.' odther qAualified PI erso~s withinlt\~enty \20) days okf. t~~ issuing Chairman of the Coastal Resources Commission. ~,~
ate. n appea requires reso utlon prior to wor Initiation or :}
.; continuance as the case may be. f
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:f This permit must be accessible on-site to Department ~. J / / J~ J
~~ personnel when the project is inspected for compliance. V {7 ~ ~
t,: ~ _ arles S. Jones, Director ~
Any maintenance work or project modification not covered ~ *
:; hereunder requires further Division approval. Division of Coastal Management ~
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* All work must cease when the permit expires on This permit and its conditions are hereby accepted. ~
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~.; December 31, 2008 ~

:~ In issuing this permit, the State of North Carolina agrees f
f that your project is consistent with the North Carolina Coastal {
{ Management Program. Signature of Permittee f

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attached workplan drawings (2), 1 dated 3/10/05 & 1 dated amended 6/22/05

Barkers Island

, as requested in the permittee's application dated 3/10/05. including the

This permit, issued on Sp.ptp.mher B, 2005 , 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

Shoreline Stabilization

1)

All material resulting from the removal of the existing bulkhead shall be placed on an approved upland
disposal site.

2)

The alignment of the permitted rip rap shall be staked by the permittee and approved by a representative
of the Division of Coastal Management.

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The riprap material shall be free from loose dirt or any pollutant. It shall be of a siz.e sufficient to
prevent its movement from the approved alignment by wave or current action.

The backfill material shall be clean and free of any pollutants except in trace quantities.

All fill material shall be obtained from a high ground source and confined behind the permitted riprap. .

No fill materiaJ is to be.pl~c~d within 30 feet 9fthenormal high ~~~~!\~!p.e, ""ithoutpermlt ~odification.,,(r.I;'
except that which will be used to backfill the area behind the permitted riprap. I . ~t ,;;
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In accordance with commitments made by the permittee, a filter cloth shall be placed over the graded
slope prior Lo placement of the permitted riprap to prevent erosion of the backfill materials into adjacent
waters.

General

The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions I
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be .
made against the United States or the state of North Carolina on account of any such removal or x
alteration.

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1 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,

~ approvals or authorizations that may be required. I':

~ l';OTE: Future development of the permittee's property may require a modification ,of this permit.
.} Contact a representative of the Division at [phone] prior to the commencement of any ~
~ such activity for this determination. The permittee is further advised that many non-water .~
I dependent activities are not authorized within 30 feet of the normal high water level. I~
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I NOTE: ~;~4~6C. Division of Water Quality has assigned the proposed project DWQ Project No. II

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~ NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ld. No. ~
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No vegetated wetlands or submerged aquatic vegetation shall be excavated or filled even temporarily.

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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

September 13,2005

Regulatory Division

Action ID No. 200501080

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Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

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Dear Mr. Huggett:

Reference the application of Sleepy Creek Farms, Inc. for a Department of the Army
permit to remove a failed bulkhead and stabilize the shoreline with riprap extending to a
maximum of 22' offshore of the escarpment at your property located off Highway 70 East, on
Harkers Island, in 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:

I. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.

2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAAlNATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.

4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.

5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. 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 for reason other than safety.

7. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.

8. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.

9. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.

10. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).

2

11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.

13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 ofthe Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery ofthe violation.

14. 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 ifhe abandons the permitted activity without having it transferred to a third party.

Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field
Office, Regulatory Division, telephone [phone].

Sincerely,

Henry Wicker
Regulatory Project Manager

Copies Furnished:

Ms. Cyndi Karoly I
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

3

.

Mr. Wesley Crum, Chief
Coastal Section
61 Forsyth Street, SW
Atlanta, Georgia 30303

Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce A venue
Morehead City, North Carolina 28557

Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895

4

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NCDENR

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.. Secretary

July 26, 2005

20051448

MEMORANDUM:

TO:

Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality

m~@~DW~@

AUG 1 - 2005

FROM:

Doug Huggett
Major Permits Processing Coordinator

DENR - WATER QUALITY
WETlANDS AND STORMWATER BRANCH

SUBJECT: CAMAlDREDGE & FILL Permit Application Review

Applicant: Sleepy Creek Farms, Inc.

Project Location: Carteret County: Adjacent to Back Sound at 1438 Island Road, Harker's Island,
NC.

Proposed Project: The applicant proposes to remove a failed bulkhead as well as fill and grade from
the escarpment towards the sound then cover with granite riprap for shoreline
stabilization.

Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 16,2005. If you have any questions regarding the proposed project, please contact Mark Hardeman
at [phone]. When appropriate, in-depth comments with supporting data are requested.

REPLY:

_ This agency has no objection to the project as proposed.

_ This agency has no comment on the proposed project.

_ This agency approves of the project only if the recommended changes are
incorporated. See attached.

_ This agency objects to the project for reasons described in the attached comments.

SIGNED

DATE

400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Development Type

I. Private, non-commercia!
development thal doe~nvolve
the filling or excavatldn of any
wetlands or open water areas:

II. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open
water areas:

III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, 8, C, or 0
below applies:

III(A). For Private, non-commercial
development, I( General water Quality
CeI1ification NO.330 1 (see atlached)
can be applied:

111(8): For public or commercial
development, if General waler Quality
Certification NO.330 1 (see atlached)
can be applied:

III(C). If General Water Quality
Cer1ification No. 3301 (see attached)
could be applied, but OeM staff
determined that additional review and
writ:en OWQ concurrence is needed
because of concems related to water
quality or aquatic life:

111(0). If General Water/:iuality
Certification No. 3301 (see attached)
can not be applied: \ '.

IV. For development that involves
:he filling and/or excavation of more
:han one acre of wellands and/or
open water areas:

DCM%
(14300 1601 435100093 16256253

100% ($250)

100% ($400)

100% (S250)

100% (S~OO)

60% (S240)

60% (S2~0)

60% (S285)

'r

DWQ%
(24300 16024351000952341

0% (SO)

0% (SO)

0% (SO)

0% (SO)

40% ($160)

40% ($160)

40% (S190)

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

I. APPLICANT'S NAME: Sleepy Creek Farms, Inc.

2, LOCATION OF PROJECT SITE: In Carteret County, take Hwy 70 through Morehead City and Beaufort and
continue "downeast." Take a right off Hwy 70 to Harkers Island, stay on Island Road approximately two miles, 14381:
Island Road is on the right.

Photo Index. 2000: #604 grid 0.11
State Plane Coordinates. X: 2739062

1995:#585 grid J.7
Y: 351333 Rover # L072113B

3. INVESTIGATION TYPE: CAMAlD&F

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - May 10,2005, June 6, 2005, June 12, 2005
Was Applicant Present - No, Yes, No

5, PROCESSING PROCEDURE: Application Received - Complete June 22, 2005
Office - Morehead City

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Community/Conservation
(B) AEC(s) Involved: Estuarine Waters, Public Trust Waters
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - 2 septic systems
Planned - None
(F) Type of Structures: Existing - House, Two sheds, Old bulkhead
Planned - Rock Sill/ Riprap Combination
(G) Estimated Annual Rate of Erosion: 2'
Source - Aerial Photography

7. HABITAT DESCRIPTION:

DREDGED FILLED OTHER
(A) Shallow Bottom Habitat 1380sf rip-rap
720sf sand

(D) Total Area Disturbed: 2100sf
(E) Primary Nursery Area: No
(F) Water Classification: SA- ORW

Open: Yes

8. PROJECT SUMMARY:

Applicant proposes to remove a failed bulkhead, and stabilize the shoreline with riprap extending to a
maximum of 22' offshore of the escarpment.

Field Investigation Report
Sleepy Creek Farms, Inc.
July 26,2005
Page 2 of 2

9. NARRATIVE DESCRIPTION:

Project Setting

The applicant's property is off Hwy 70 East on Harkers Island, in Carteret County. Stay on the main road (Island
Rd.) approximately two miles and the site address is 1438 Island Road and is located on the right side of the road,
adjacent to Back Sound.

The site is approximately 1.2 acres in size. Applicant states that the elevation is 2' - 4' above NHW. The lot is
developed with a house, two sheds, and an old bulkhead. Vegetation on site consists of lawn grasses, Myrtle bushes,
and Live Oak trees. The soil is a sandy loam. The lot to the west has a stabilized shoreline consisting of a vertical
wood wall. The lot to the east is stabilized with a wood wall. The existing old wall previously connected to the corners
of the adjacent lots, however, after hurricane damage Back Sound has eroded the high ground anywhere from 5' to 25'
behind the now failing bulkhead, The NHW line now follows the base of the escarpment existing behind the old wall,
There are no Coastal Wetlands, SA Vs, or shellfish in the sand bottom between the escarpment and the old wall. Water
depths range from -3' at NHW at the failing wall to _5" at NHW at the escarpment.

The proposed development is in an area of Back Sound designated as SA-ORW by the Division of Water
Quality. It is not classified as a PNA by the Division of Marine fisheries. The waters adjacent to the site in Back Sound
are open to shellfishing. The site is classified as Community by the Carteret County Land Use Plan, with all AEC's
Conservation.

Project Description

Applicant proposes to fill an area with sand from the existing escarpment waterward an average of 12' in a 60'
area on the east side of the lot. The base of the riprap would be 10' in front of the sand fill material. Approximately
120cy of sand would be used as fill in this area. The shoreline would then be graded from the escarpment at NHW at
the west side of the lot to the new backfill on the east side to provide a slope for a granite riprap wall. Filter cloth would
be placed over the slope before placement of the riprap to prevent erosion. The riprap would connect to the existing
corners of the adjoining properties to prevent erosion of their sites. Once the site has been stabilized by the riprap, the
old existing wall would be removed. The length of the old wall between the existing bulkheads of the adjoining
properties is 129'. Approximately 2.1 tons of Class II granite rock would be installed per linear foot of shoreline (276
tons). The average base of the riprap would be 10', and the average height 4.5', or 2.5' above NHW.

10. ANTICIPATED IMPACTS

There would be approximately 720sf of shallow bottom area filled with sand and graded for the riprap slope.
The escarpment on the west side would be graded but not filled. An area 10' x 138' (1380sf of shallow bottom habitat)
would be filled with granite riprap. Some turbidity could be expected during construction, but could be minimized by
grading and filling at low tide. Some turbidity could be expected from the removal of the old wall, but should be short in
duration.

Mark Hardeman - Morehead City Office -July 26, 2005

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Jun 22 05
02:14p

----.

~IR\WltlID

JUN 2 2 2005

Form DCM-l'-lP-l

p.2

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A ~ A 1M. MJ::: ^' 'l> E" t:::>
0(g6(l b~

~~~. kJS~ .
~ ~v .
_ _ '."L/t'L/}\. TION

(To be completed by all applicants)

Zip ;;:i 7C3.,? Day Phone 3 ,"I '7 -(if 3 \:<; 0 h. Is the proposed acti ,it)' main".anoe .f an ,,;srin,
project, new work, or both? ~')C)Y# -

1. APPLICANT

a. Landowner:
Name C;:L..'Er::?'I C~~f.~ ~Rf1~'S ,~C.
Address YO~o" !DC>OOt
Cit)' G ., e-17.s.lS ,k D State 111 C
Zip ? ,~3.;2. Day phone Of 14 I,<t 31 "30
Fax ~ \ ~ ~ I '::t ~I \ \
b. Authorized .,.gent: / O;JNif'f:.
Name ^ (~ c.-. K tJE. ~ J E. 'Z..

AddressyD ~&y: 10000,

City (.,,0 L'DS'<50 ., r> Stare (11 L

Fax ~ I ~ -, ( 9{

illl
A/ / fA

. , ,

c. Project Dame (if any)

NoTE: Pt,."qf,.,w ~ lttUJ!d in".""e of~r(s). ~/or
PTOjtCf ~.

2. LOCATION OF PROPOSED
PROJECT

a. County _ C.i\~T~R e..-.:r

b. Ci~{!Dwn. commun.in:.,W: landmark
--1::J...A~ ~e:~. ~ ~~ t...~"/l':::.

c. Street address, 'P~ secondary road number
Jl.f:-:3'it ~Rr,.(F?:...5. Ul-~N~ ~.

d. Is proposed work within cit)' limits or planning
jurisdiction? ...,/" Yes _ No
-

e. Name of body of w~;arest p~ect (e..g. river,
creek, sound, bay) c.K ~J~LA,N'b

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3. DESCRJPTlON M'D PLAffi'I~D USE
OF PROPOSED PROJECT

c. Will ~~ oct he for public. pri ..te Ot co_erc\~
use'? -;;; v A~"E- -

d.

~LA .:;""'" '"" C,-"",- ? f G;"A^'''' n:

d. Soil m>e(s) :l9d texture(s) of tract o. ibe existing drinking water supply source.
S4 "I '::> I ~ (I.A.-'- l' -:; l'.l:T l L- L- \ \ c...:i""l'"
I ..- ~'f
e. ~;.t3ti~n on tra~"!CJ.J~s. I L-::-e: D~ _ ~
~~.~.~. I ~-- - .;JAS ~~~\?' ~ .
f. Man-made features now on tract 0 SE . i?-.~""
-:;;:1, S. i::"=>$. 5. ADDITIONAL INFORMATION

Jun 22 05 02: 14p

Form DCM-MP-l

4. LAA~ AND WATER
CHARACTERISTICS

a. Sue of entire tract

d. A c:..'RJE ~
1\/ IA

,

b. Sue of individual lot(s)

c. Approximate elevation of tract above MHW or
NWL ;{ - y.. ~~'lf"',

g. What is the CAMA Land Use Plan land
classification of the site? (CtwulJ IN IoCIJJ land UJ( plmt.)

_ Conservation
_ Developed
Rural

--:/",Transitional
-K- Community
Oth er

. h. H~ the tract zoned by local government?
~~~~~"!&" L.....

i.

Is the propose<1.,project consistent with the applicable
zoning? ~ Yes _ No
(A/14m torti", "''"PIionc:~ c~rrificau. If applic:ubk)

j.

Has a professional archaoological asses~nt been
done for the tract? _ Yes ~ No
If yes, by whom?

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or c;J.jgible property?
_Yes ~No

1. Are there wetlands on the site? Yes v1io
Coastal (marsh) _ Other
If yes, has a delineation been conducted?
(A",,"" dc~O'" 1/ awzilabk)

p.3

~fCID'IEIDJ

JUN 2 2 2005

M ~ Describe e:ds.ting wastewater treatmeot facilities.
oren . _ ~Y~"7'i' Il'-!:

n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, .wash
~ and ,,,,idential di,chug".)

~:r'W~ '-F~tAO:~:: (:::~~~.;

In addition to the completed application form, the
following items must be submitted:

. A copy or the deed (with state applicacion only) or
other instrUment under which the applicant claims title
to the affected properties. If the applicant is DOt
claiming to be the owner of said property, then
forward a copy of tbe deed or other instrument under
which the owner c1ain:s title, plus written permission
from the owner to carry out the project.

. An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink all an 8 \/2" by I1N white paper. (Refer to
Coastal Resources Ct'aunission Rule 71.0203 for a
detailed description.)

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adoquate number of quality copies are provided by
applicant. (Contact the U.S. Army Cotps of
Engineers regarding that ageocy's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the ar~ to the

Jun 22 05 02:14p

Form DCM-MP-l

site. Include highway or secondary road (SR)
numbers, landmarlcs, and the like.

. A Stormwater Certilication, if one is necessary.

p.4

~~~!~ID)

Morehead City OeM

6. CERTIFICATION AND PER1vllSSION
TO ENTER ON LA..l'I..'D

I understand that any permit issued in responst to this
app\ication will allow only the development described in
the application. Tbe project wilt be subject to conditions
and restrictions contained i, the permit.

. A list of the names and complete addresses or the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the appliOltion and plats
by ~ified mail. Such landowners must be advised
mat mey have 30 d,y' in which '0 ,ubOO' ""o"tents I certify that tD the best of my knowledge, the propo'ed
on me propo,ed project '0 the Division of eoasul acti,iry-<Omplies wim the S..." of No,", Cuolina',
Mm'gemen,. Upon ,igning mi' form, the applicanl approv;d ~oasul M""geo:enl "'Wam ",d will be
further certifies that such notice has been provided. conducted In a manner consIstent WIth such program.

Name ~~~ C ~!d=.;.. ./ 1 cenify that I am anmorlzol '0 1<''''', ",d do in fact,
Addr'" " "~ ~- - _ ' .M "~~I:'c...I<'~' permi,~ion (0 repres.....'iv" of ,tate ",d fed,,~ .
Phone ___- _~m _ ::S-Z \ reView agencies to enter on the aforecnentione4 lands in
~ ~\ connection with ,,~u"'ng info,,"ation rei"'" to this
~::es .US~~J-L_ ~=&:~i~ ~~~. application and foliow-up monitoring of the

Phonelv..'-J ~~~-=-_:lll-'1~~ !__ ~
, 'J '"
N "'i:::6~ ~V II!\ 6'- I fu,"," certify th" me information provided in this
^::es, ~ ~" I&:D f 'it is ~ I i:Jf:;, appl icalion i' trum fu I tD th, best of my knowl ed ge.

Phone 'f),sf). ~Z.s.3 I

. A list or previous slate or federal ~mits issued for
work on the project tract. Include permit numbers,
permitte.e14d issuing dates.

tV <~

,

. A check made payable to the Depa..rtment of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.

. A signed AEC hazard notice for projectS in
oceanfront and inlet areas.

. A statement or compliance with the N.C.
Environmental Policy Act (N.C.G.S. 1I3A - 1 l.o
lO) If the project involves the expenditure of public
funds or use of publ ic lands, attach a statement
documenting rompl iance with the North Carolina
Environmental Policy Act.

1Oi, I, the 10 "":l,y of k. .~

Print Name C-K.- l~J.c \..~ t:::. I~
/' 1

Signature
LAndo...""" or AlllMr.:.<d AgmI

please indiCate atUcbroeots pertaioing to your proposed
project.

./ DCM MP-2
_ DCM MP-3
_ DCM MP-4
_ DCM MP-5
_ DCM MP-6

Ex.cavatiOD and Filllnformation
Upland Development
Stn1ctu~es Information
Bridges and CulvertS
Marina Development

NOTE: Please sign and daIe each attachment in tM
space provided aJ the boitom of each form.

Jun 22 05 02:15p

Form DCM-MP-2

p.5

1'!~~~lE@)
MorSheact . .
City DCM

EXCAVATION
AND -FILL

(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Fonn DCM-MP-l. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.

Describe below the purpose of proposed excavation or
fill a,;tivicies. All values to be given in feet.

ungth \l,idth

Access
channel
(ML\l.l or (l'o"Vr1..)

Canal

Boat
basin

Boat
ramp

Rock
groin

Rock
breJ..lcwater

Other

(E:l.dudeng
shor:li:-,c
subil~tion)

^ verage
Exis tio.g
Depth

F"waJ
I'roj ect
Depth

j~lll ~~;jl

1. EXCAVATION

a. Amount of material to be excav~t~ ft.om below
MHW or N\VL in cubic yards ~
,
b. Type of material to be excavated IV I A
i

c. Does the areJ to be excavated include coastal
wetlands (marsh), submerged aquatic veg~ior.
(SA Vs) or other wetlands? _ Yes ~ No

d. Highground excavation in cubic yards

N/4

,,'

1.. DISPOSAL OF EXCAVATED
1\V\TERlAL

a. Location of disposJ.1 areJ

AI / k

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b. Dimensions of disposal areJ

j\f /;..

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c. 1.)0 you claim title to disposal are.:1?
Yes _ No
If no, attach a teeter granting permission from the
owner.

d. Will a disposal area be available for future
maintenance? _ Ye;;/ /. No
If yes, where? fJL/-~

Form DCM-MP-2

e. Does the disposal area include any coastal wetlands
(marsh), SA Vs or o.!Jler wetlands?
_Yes ~No

f. Does the disposal Li~e any area in the water?
_ Yes No

~. SHORELINE STABILIZATION

a. Type of,.shoreline stabilization
V Bulkhead Riprap

b. Length A~ D 'J. "

c. 'stance waterward of M
10"

e. . Shoreline erosion during preceding 12 months
_I-,,~ ~]
(Soum of information) l ;rs,L-l4 L-

f. Type of bulkhead or rip rap material u)~o't:::>

g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill ~tl'll" "'''0
c::.. VI. ,V'b oS ,
h. Type of fill material L~~,,'f"b

i. Source of fill material~~~~SEt>

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabi1i~tion)

a. Will fill material be brought to site?
_ Yes No

N!~

If yes,
(1)

(2)

be placed in the

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wetlands I

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a. How will excavated or fill materia! be kept on site
and erosion controlled? ~ L- r:);;) I

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(3) Purpose of fill

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b. Will fill material be placed in coastal
(marsh), SA Vs or otlJPr wetlands?
_Yes ~No
If yes,
(1)

Dimensions of fill area · 4 fA
/
Ni/A -
I

(2) Purpose of fill

s. GENERAL

b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dr~?
VLA ~V ~llc..f\ + ~L- A~:E..

c. Will wetlands be crjssed in transporting equipment
to project site? _ Yes _~o
If yes, explain steps that will be taken to lessen
environmental impacts.

J,
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United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 6, 2005

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Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

Subject: Action ID # 20050 1080; Sleepy Creek Farm, Harkers Island, Carteret County, NC

Dear Mr. Wicker:

This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public
Notice (PN), dated August 9, 2005. The applicant, Sleepy Creek Farm, Inc., has applied for a Department
of the ArnlY (DA) pernlit to remove a failed bulkhead and stabilize the shoreline with rip-rap. The
proposed work is being considered under Regional General Permit # 198000291, a permit/processing
agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act
(CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act
(FWCA) (48 Stat. 401, as amended; 16 U.S.c. 661-667d). Comments related to the FWCA are to be used
in your determination of compliance with 404(b)( I) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection offish and wildlife resources. Additional comments
are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.c. 1531-1543).

Project Area, Proposed Activities, and Anticipated Impacts

The project area, proposed work, and anticipated impacts area are discussed in the Field Investigation
Report (FIR), dated, ./uly 26, 2005, of the North Carolina Division of Coastal Management (NCDCM).
The project site is 1.2-acre lot between Highway 70 and Back Sound on Harkers Island. The existing
bulkhead experienced hurricane damage and the high ground behind the structure has receded 5-25 feet.
The water depth at the existing bulkhead is approximate three feet at normal high water.

The applicant proposes to fill an area 12 feet waterward of the escarpment on the eastern side of the lot
with 120 cubic yards of sand. The fill would be graded to provide a slope for a granite rip-rap wall. The
rip-rap would connect to the corners of adjoining properties to prevent erosion of these properties. After
the shoreline has been stabilized by rip-rap, the old existing wall would be removed. Filling would be
done at low tide to reduce turbidity.

The FIR states that 720 square feet (ft2) of shallow estuarine bottoms would be filled with sand. An
additional 1,380 ft2 of shallow bottoms would be filled by rip-rap. The FIR states that there are no coastal
wetlands, submerged aquatic vegetation, or shellfish in the sand bottoms between the current shoreline
and the old bulkhead.

"

2

Federally Protected Species

The Service has reviewed available inforn1ation on federally-threatened or endangered species known to
occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage
Program (NCNHP) database which contains excellent data on the special status species, both federal and
state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey
(USGS). Data from USGS quads provide the most project-specific information on species which should
be considered in permitting this project. The project area is located in the Harkers Island quad.
Occurrence data of special status species within these quads can be obtained on the internet at <
http://www.ncnhp.org/Pages/heritagedata.html> .

Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the
project area. Therefore, the Service would concur with a determination by the District Engineer that the
action is not likely to adversely affect species designated as threatened, endangered, or their designated
critical habitat. The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled.
However, the Corps must reconsider its obligations under section 7 of the ESA if: (I) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in a manner which was not considered in
this review; or, (3) a new species is listed or critical habitat determined that may be affected by the
identified action.

Service Concerns and Recommendations

While the Service seeks to prevent the loss of any shallow estuarine bottoms, it does appear that most, if
not all, of the area to fill was previously high ground. Overall, the Service does not believe the activities
described in the PN and FIR would have significant adverse and/or irreversible effects on fish and
wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife under
our jurisdiction, to the issuance of a DA permit for the proposed activities.

The Service appreciates the opportunity to comment on this PN. If you have questions regarding these
comments or wish to discuss the development of the coordinated federal position, please contact Howard
Hall at 919-856-4520, ext. 27 or bye-mail at < [e-mail] >. Please provide this office with a
copy of the coordinated federal position, if one is developed.

s~
fJ)~~~
Peter amin
Ecolog cal Services Supervisor

cc:

Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA
Ron Sechler, NOAA Fisheries, Beaufort, NC
Maria Tripp, NC Wildlife Resources Commission, Washington, NC
Ted Tyndall, NC Division of Coastal Management, MoreheadCity, NC
John Dorney, NC Division of Water Quality, Raleigh, NC

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

IN REPLY REFER TO

September 26, 2005

Regulatory Division

Action ID No. 200501080 and State Permit No. 138-05

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Sleepy Creek Farms, Inc.
Post Office Box 10009
Goldsboro, North Carolina 27532

Dear Madam or Sir:

Reference your application for a Department of the Army permit to remove a failed
bulkhead and stabilize the shoreline with riprap exrending to a maximum of22' offshore of the
escarpment at your property located off Highway 10 East, on Harkers Island, in Carteret County,
North Carolina.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process for construction activities that
receive authorization from the State of North Carolina. Therefore, you may commence
construction activity in strict accordance with applicable State authorization and the approved
plan (enclosed). Failure to comply with the State authorization or conditions of the Federal
permit could result in civil and/or administrative penalties.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.

Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].

Sincerely,

Henry Wicker, Project Manager
Wilmington Regulatory Field Office

,.

Enclosure

Copies Furnished (without enclosure):

Mr. John Dorney /'
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Doug Huggett c^
Division of Coastal :Management
North Carolina Department of Environment
and Natural Resources
400 Commerce A venue
Morehead City, North Carolina 28557

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal
Management
400 Commerce Avenue
Morehead City, North Carolina 28557

2

Certification of Completion

DWQ Project No.: o..s- ( Lf 4-- ~ County: G R '" ~R E V-
S,-- 'EE't>-y ;L '!5:!~:!~)' ~'RM. ~ I YNc...
Project Name: I Lf:S~ _~~~ YSLA^"> ~,
qLLl~

Applicant:

Date of Issuance of Isolated Wetland Permit:

Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.

Applicant's Certification

I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.

Signature:

Date:

Age~ Certifica~

I, :ce-K {U--A-~~

used in the observation of the construction such that the construction was observed to be built within substantial
compliance an . tent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supp 1 materials.

, hereby state that, to the best of my abilities, due care and diligence was

Signat

Date:

4~

If this project was designed by a Certified Professional

I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.

Signature:

Registration No.

Date

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AUG 1 6 2006

IAIrTI ~.~NR . WATER QUALITY
"'-' UV'fOS AND STORMWAT!R BRANr.1-I