19930517 Ver 1_COMPLETE FILE_19930719

April 11, 1994
DIVISION OF ENVIRONMENTAL MANAGEMENT
i=
MEMORANDUM
To: Charles Pigott
Division of Coastal Management
From: Jim
Through: Dave
Subject: Carlos Viand Donald Barnum
CAMA Major Permit Number 89-93
Carteret County
Per our wlier telephone conversation, condition #4 of 401 Certification #2834 issued
to Carlos Earvin and Donald Barnum on July 21, 1993 was a result of the applicant's
proposal to increase the total number of slips from 27 to 39. If the existing docks are rebuilt
without increasing the current number of slips, we would not require a pumpout facility. It
is recommended that the applicant's lease agreement with individual boat owners contain a
condition prohibiting the overboard discharge of sewage and giving the applicants the right to
inspect vessels they suspect may be in violation of condition 9 in the CAMA Permit.
cc: Wilmington Regional Office Files
John Parker (DCM Raleigh)
John Dorney

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? RETURN WITH MORE DETAILS Cl FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
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I-1 TAKE APPROPRIATE ACTION LI INVESTIGATE AND REPORT
COMMENTS:

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4 1994
JAN
N. C. i' TTIORNEY GENERAL
Cn,ircnmaotal RrataLjioa Section
Carlos B . Ervin
Star Rt. Box 648
Harkers Island, N.C.
28531
Donald Barnum
P.O.Box 313
Harkers Island, N.C.
28531
The Honorable Thomas R. West
Administrative Law Judge
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, N. C. 27611-7447
JAN 2 0 199
WETLANDS ORO I F"
Re: Carlos B. Ervin and Donald Barnum vs DEHNR File No.
93 EHR 0948, Carteret County. Project #93517
Dear Judge West:
As petitioners in this case we have recieved your notice
of hearing G.S. '150B-23(b).
We,the undersigned do hereby request that you dismiss this
case.
Copy to:
Kathryn Jones Cooper
Special Deputy Attorney General
N,C,Dept.of Justice
P.O.Box 629
Raleigh, N.C.
27602-0629
Sincerely,
Carlos B.Ervin
Donald Barnum
E A S T
CAROLINA
UNIVERSITY
Regional Development
Institute
Willis Building
Corner First
and Reade Streets
919-757-6650
919-757-4356 Fax
Greenville,
North Carolina
27858-4353
? i
July 14, 1993
Regulatory Branch
Action ID No. 199302874
Wilmington District, Corps of Engineers
PO Box 1890
Wilmington NC 28402-1890
np?t' 4K,
Dear Sirs:
&, .3
This will respond to your recent letter dated July 6, 1993, to Mr. Carols B. Ervin and
Mr. Donald Barnum, PO Box 313, Harkers Island, NC, 28531. The following will
address concerns relative to your February 6, 1990 M.O.A.
A. (Least environmentally damaging, practicable alternative) The existing
access channel and boat basin have silted in over the years. It needs to be
excavated to "receiving waters" (4) depth in order to function as intended.
At present, some of the boats using the marina are scrapping bottom, both in
the basin and along the channel. While there are wetlands on the property,
the applicants have chosen to apply for the excavated material to be placed
only on high ground. This upland alternative was suggested by the NC
Division of Coastal Management. In addition, the two small basins proposed
are to be excavated from high ground. Bulkheads are to be constructed at the
water line with minimum backfill.
B. (Practical steps to minimize wetland losses) All spoil from excavations will
be placed on high ground and silt fences will be installed during construction
to prohibit encroachment of the fill onto adjacent coastal wetlands. No
wetlands will be disturbed by equipment during excavations or the spreading
of spoil material. Except for approximately 205 sq. ft. of land at the end of
the access (formerly high ground lost to storms), bulkheading and backfill
will not encompass wetland areas. This project has been designed to take all
appropriate and practical steps to minimize wetland losses.
C. Mitigation) No mitigation is proposed nor should be required because of
preceding steps taken to avoid wetland impacts.
A copy of this information has been sent to the NC Division of Environmental
Management. If there are questions concerning this application, please feel free to
call me at 919-757-6650.
Sincerely yours,
Bill Powe
Development Specialist
Copy to: Donald Barnum
NC Division of Environmental Management
East Carolina University is a constituent institution of The University of North Carolina.
An Equal Opportunity/Affirmative Action Employer.

JAN 0 4 1994
N. C. AT-T(--)RN Y-aE-NERAL
CnOrcnmanil Pentaciion Section
Carlos B. Ervin
Star Rt. Box 648
Harkers Island, N.C.
28531
Donald Barnum
P.O.Box 313
Harkers Island, N.C.
28531
The Honorable Thomas R. West
Administrative Law Judge
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, N. C. 27611-7447
Re: Carlos B. Ervin and Donald Barnum vs DEHNR File No.
93 EHR 0948, Carteret County. Project #93517
Dear Judge West:
As petitioners in this case we have recieved your notice
of hearing G.S. 150B-23(b).
We,the undersigned do hereby request that you dismiss this
case.
Copy to:
Kathryn Jones Cooper
Special Deputy Attorney General
N,C,Dept.of Justice
P.O.Box 629
Raleigh, N.C.
27602-0629
Sincerely,
Gj
Carlos B.Ervin Donald Barnum
OFFICE OF THE ATTORNEY GENERAL
DATE
1/4/94
TRANSMITTAL SLIP
TO: ?y ?, ?y Y
V ?Vtj REF. NO. OP ROOM. BLDG.
FROM: REF. NO. OR ROOM. BLDG.
p
KAM COOPM
ACTION
? NOTE AND FILE ? PER OUR CONVERMTION
0 NOTE AND RETURN TO ME ? 'PER YOUR REQUEST
? RETURN WITH MORE'-DETAILS t3. FOR YOUR APPROVAL-
[3 NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ?FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
CI TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:

-151994
WETLANDS GROUP

UftLITY
WATER SECTION
I
St to of North Carolina
p partment of Environment,
H alth and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Directo
Nov
Mr. Carlos B. Ervin
P. O. Box 313
Harkers Island, NC 28531
Dear Mr. Ervin:
Subject: Request to modify Water Quality Certification conditions
DEM Project # 93517
Carteret County
NF1
Your request to modify the subject certification which was sent to Mr. Jim Gregson of
the Wilmington Regional Office has been reviewed. Condition number 2 was a
recommendation only, therefore there is no requirement to construct the last 100 feet of the
bulkhead as a breakwater. You may construct the bulkhead as described in your application.
However, I have determined that condition number 4 must be retained if the total number of
boat slips is increased as indicated in your application.
If you have any questions concerning this matter please contact Mr. John Dorney at
9191733-1786.
Sincerely,
cc: Mr. Don Barnum
Mr. Charles Jones, DCM
Mr. Jim Gregson, WiRO
ref-7/ervinswt.let
Al -
Steve W. Tedder, Chief
Water Quality Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
OFFICE OF THE AT'1tORNEY GENERAL
OATS
12/27/93
TRANSMITTAL SL1
TO: J A l Dorm REF. NO. OF ROOM. BLDG.
FROM: REF. NO. OR ROOM. BLDG.
Kathy Cooper
ACTION
? NOTE AND FILE ? PER OUR CONVERSATION
? NOTE AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ?_ FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION -
? PLEASE ANSWER ? FOR YOUR COMMENTS
-? PREPARE REPLY FOR. MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE' AND REPORT
COM M LNTS:

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efi STAB
State of North Carolina
MICHAEL F. EASLEY Department of Justice REPLY TO: Kathryn Jones Cooper.
A17011NEY GENERAL- P. O. BOX 629 Environmental Division
RALEIGH [phone]
27602-0629
December 23, 1993
X'
The Honorable Thomas R. West cW
Administrative Law Judge -
Office of Administrative Hearings N
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
RE: Carlos B. Ervin and Donald Barnum v. DEHNR, 93 EHR"0948,
Carteret County
Dear Judge West:
Attached for filing in the above-referenced matter are is the original and
one copy of RESPONDENT'S MOTION TO DISMLSS.
Sincerely,
Kathryn Jones Co Ltorney Special Deputy General
KJC/klj
Attachments
cc: Carlos B. Ervin
Donald Barnum
John Dorney
An Equal Opportunity / Affirmative Action Employer

11
STATE OF NORTH CAROLINA FILED. IN THE OFFICE OF
ADMIN. EFL„ RIN ? ADMINISTRATIVE HEARINGS
COUNTY OF CARTERET 93 EHR 0948
i
CARLOS B. ERVIN,
DONALD BARNUM,
Petitioners,
V.
RESPONDENT'S MOTION
TO DISMISS
DEHNR,
Respondent
Respondent, North Carolina Department of Environment, Health
and Natural Resources (DEHNR or the Department), by and through
the undersigned Special Deputy Attorney General, moves the Admin-
istrative Law Judge pursuant to Rule 41(b) of the Rules of Civil
Procedure and 26 NCAC 3.0015 to dismiss the above-captioned con-
tested case proceeding for failure of the Petitioners to prose-
cute or comply with an order of the Administrative Law Judge.
The facts showing such failure on the Petitioners' part are as
follows:
1. This is an appeal of a conditional 401 Water Quality
Certification issued to Petitioners on July 21, 1993.
2. The contested case petition was filed on September 7,
1993.
3. The Order for Prehearing Statements was filed on Sep-
tember 13, 1993.
4. To date Petitioners have not filed a Prehearing
Statement.
A
t
-2-
5. Pursuant to G.S. 150B-36(c)(3), the Administrative Law
Judge can issue a final decision pursuant to a written prehearing
motion to dismiss the contested case hearing for failure of the
petitioner to prosecute.
WHEREFORE, Respondent prays for the following relief:
1. That the Administrative Law Judge enter an order dis-
missing the contested case;
2. that said order be a final decision pursuant to G.S.
150B-36(c)(3).
This the 23rd day of December, 1993.
MICHAEL F. EASLEY
Attorney General
By
Kathryn Jo ooper
Special Depu Attorney General
N. C. Department of Justice
P. 0. Box 629
Raleigh, NC 27602-0629
[phone]

-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the
foregoing RESPONDENT'S MOTION TO DISMISS on the Petitioners by
depositing the copy in the United States Mail, first class, post-
age prepaid, addressed as follows:
Carlos B. Ervin
Star Route, Box 648
Harkers Island, North Carolina 28531
Donald Barnum
Star Route, Box 648
Harkers Island, North Carolina 28531
This the 23rd day of December, 1993.
MICHAEL F. EASLEY
Attorney General
By
'6W't -
Jo s C oper
Special Dep Attorney General
N. C. Department of Justice
P. 0. Box 629
Raleigh, NC 27602-0629
[phone]
OCT-21-1993 11:29 FROM EHNR WILM REG OFFICE TO 8-919-733-133Li N.01
Post-it- brand fax transmittal memo 7671 # °i pages
o. CO'
C (7
Dept- pn°nO # J'im Greason Fax# 'S9? ,
127 Cardinal 7`rive Fax tl
Wilmington,
28405-3845 »w. w.w?w..ww....w.?w.
Dear Mr. Gregson:
Subject: Certification pursuant to section 401 of the
Federal Clean Water Act, proposed bulkhead,
basin excavalion and boat basin creation
pra jest ;q 93517 Carteret County, Certification
,: 2834 7-21-93
Fir. Gregson, in reference to our telephone conversation
on 10-6-93 I am requesting a modification of the certification
to the following extent-. condition #2 the portion- that
reads (It is also recommended that the last 100 ft. of
bulkhead on the northeast side of the canal, near the
mouth of the canal, be constructed as a breakwater, with
no backfill.)
Condition "4 't'hat a sewage ?umpout facility be installed
and maintained through out the life of the niarina and that
signs be L?osted notifying boaters of the pumpout location.)
,ie are requesting; th:ls r1jodificatior, for the following reasons:
Condition ;! -: Nr. Barnum's intention was to reclaim the
banks that have washed down and ms.1ce room for thF excavating
equipment to access the channel. :To marshland or wetland
will be affected.
!condition "4• 7,1r. Barnum and i own our land and stave no
ncor or2ti on. Mir. Poger 1`relvil:.e of the
;retention of
`nvironmenta.l 'iealth Division, ? .zrs,Aa;nt to alzr conversatxori
10-5-93, says that there would be a lot of red tare involved
to rrocure easments and incorporation in order to apply,. for
sewage dispose) at the site. Mr. -9arnunm and 1- own separ<^te
l1:G.riri?z.v c,i?d llc.t'r -no in- teiitioal ,i 1nC:>r') %rct1J11 or ')tncr jJint
venture~. "'he i:_r this 6Uint venture was to save;
Money jnd avoid dup:licati,)n since the basin and channel is
common to b,>t:-, of as. W 'e fee= that scewagc aura station on
e:i ther or bot;; Sides would 'j.-jot be in the best interest of
anyone. }ae hereby request that the pernit be modifiedtc?
remove this requ? cement for either party.
consideration.
Sincerely,
Carlos B. Ervin
cc : mr. Pon )3arnum
Nor. Charles Tones
TOTOL P.01
ADMIN. FILED OF::- On
f ....h'yRi l• t7v
State of North Ca QI ina (?}j
MICHAEL F. EASLEY Department of Just dE22Yi71 ?&hryn Jones Cooper
ATTORNEY GENERAL P. O. BOX 629 Environmental Division
RALEIGH [phone]
27602-0629
October 15, 1993
The Honorable Thomas R. West
Administrative Law Judge
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
RE: Carlos B. Ervin and Donald Barnum v. DEHNR, File No. 93 EHR
0948, Carteret County
Dear Judge West:
Attached are two copies of the document constituting agency action which,
to the best of my knowledge, caused the filing of the Petition in the above
referenced matter.
Also attached is the original and one copy of RESPONDENT'S
PREIIEARING STATEMENTS for filing in this matter.
Finally, please note my appearance as counsel for the Respondent.
Sincerely,
Kathryn Jones ooper
Special Deputy Attorney General
KJC/klj
Attachments
cc: Carlos B. Ervin
Donald Barnum
Colleen Sullins
µ?s
ww?
+, ?- r
An Equal Opportunity / Affirmative Action Employer
Yare oT ivorrn t,aronna
Department of Environment,
Health and Natural Resources • FILED 0 •
Division of Environmental Mana eme: It DMIvj °' =
<v
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary E FE H N F I
A. Preston Howard, Jr., P.E., Director OCT 15 ?- 22 i° '93
July 21, 1993
Carlos Ervin and Donald Barnum
P.O. Box 313
Harkers Island, N.C. 28531
Dear Mr. Ervin and Barnum:
Subject: Certification Pursuant to Section 401 of the Federal Clean
Water Act,
Proposed bulkhead, basin excavation and boat basin creation
Project # 93517
Carteret County
Attached hereto is a copy of Certification No. 2834 issued to
Carlos Ervin and Donald Barnum dated July 21, 1993.
If we can be,of further assistance, do not hesitate to contact us.
Sincerely,
reston Howard, J f P.E.
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
NORTH CAROLINA
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post-consumer paper
11 _.V
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500
to Carlos Ervin and Donald Barnum in Carteret County pursuant to an
application filed on the 14th day of June,1993 to bulkhead an existing
basin and channel, maintain dredge the basin and canal and excavate
two new boat basins.
The Application provides adequate assurance that the discharge of
fill material into the waters of Eastmount Bay in conjunction with
the proposed basin fill in Carteret County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted.in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
- as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are
not considered significant)'.
2. That earthen dikes, and silt fences be in place prior to any
excavation or placement spoil material. Due the narrow
strip of land available for spoil disposal, it is
recommended that silt fences be constructed along the entire
length of the disposal area. It is also recommended that
the last 100 ft. of bulkhead on the northeast side of the
canal, near the mouth of the canal, be constructed as a
breakwater; with no backfill. This would eliminate the
filling of saltmarsh and open water at the end of the canal
and reduce the possibility of spoil material reentering
surface waters.
3. That the spoil disposal area be stabilized with vegetation
as soon as possible to prevent erosion.
4. That a sewage pumpout facility be installed and maintained
through out the life of the marina and that signs be posted
notifying boaters of the pumpout location.
Violations of any condition herein set forth shall result in
revocation of this Certification. This Certification shall.become null
and void unless the above conditions are made conditions of the
Federal or Coastal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days.following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with.the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
.This the 21st day of July, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eston trd, J P.E.
or
Prec
t
L
wQC# 2834

FILED GuFi
ADM I :. ? ?A
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
22 P N .93 EHR 0948
COUNTY OF CARTERET OCT
15 '93 -
CARLOS B. ERVIN, )
DONALD BARNUM, )
Petitioners; )
V. ) RESPONDENT'S PREHEARING
STATEMENTS'
DEHNR, )
Respondent. )
NOW COMES the Respondent, North Carolina Department of Envi-
ronment, Health and Natural Resources (DEHNR or the Department),
pursuant to G.S. 150B-33(b)(4) and 26 NCAC 3.0004, and files this
Prehearing Statement in the above-captioned matter in accordance
with the Order of September 13, 1993.
l:: The issue to be resolved in this contested case is _
whether the conditional 401 Water Quality Certification-issued to
Petitioners on July 21, 19.93 was properly issued. Controlling
statutes, rules, etc. are:
a. Article 21 of Chapter 143 of the General Statutes
(G.S.);
b. Chapter 150B of the General Statutes;
C. Title 15A, Chapter 2 of the North Carolina Administra-
tive Code (NCAC);
d. Title 26, Chapter 3 of the North Carolina Administra-
tive Code; and
e. the Federal Water Pollution Control Act ("Clean Water
Act"), 33 United States Code (U.S.C.) §§ 1251-1387.
2. A brief statement of the facts and Respondent's conten-
tions are provided below. On May 18, 1993, the Petitioners filed
s
-2-
an application with the Respondent for a permit from the Division
of Coastal Management to develop in an Area of Environmental Con-
cern, and for a certification, pursuant to Section 401 of the
Clean 'Water Act, from the Division of Environmental Management
(DEM), that a discharge of fill material in project wetlands
would not violate applicable water quality standards. According
to the application, Petitioners proposed to maintenance excavate
a boat basin and access channel, excavate two new boat basins and
construct new piers and bulkheads at their existing marina facil-
ity off State Road 1419 and Bayview Drive, on Eastmouth Bay,
Harkers Island, Carteret County, North Carolina.
The permit application was reviewed and the site was
inspected on July. 8, 1993 by Respondent's DEM staff in the
Wilmington Regional Office. On July 9, 1993, Respondent's DEM
staff in the Wilmington Regional Office recommended issuance of
the 401 water quality certification with conditions. On July 21,
1993, Respondent's Division of Environmental Management issued a
conditional water quality certification to the Petitioners.
Petitioners are contesting part of the second and all of the
fourth conditions (as set forth in the July 21, 1993 conditional
401 water quality certification). Respondent contends that Sec-
tion 401(a), (b) and (d) of the Clean Water Act and 15A NCAC
2H.0504(c) allow Respondent to place conditions on any 401 water
quality certification issued by the DEM to insure compliance with
Sections 301, 302, 303, 306 and 307 of the Clean Water Act.
11 IVL
=3-
Thus, the conditional 401 water quality certification was
properly issued and should be upheld.
3. Witnesses for the Respondent include, but are not lim-
ited 'to, the following Division of Environmental Management
employees:
a. John Dorney, Supervisor
Wetlands and Technical Review Group
Division of Environmental Management
b. Dave Adkins, Water Quality Supervisor,
Division of Environmental Management,
Wilmington Regional Office
C. Jim Gregson
Environmental Specialist
Division of Environmental Management,
Wilmington Regional Office
d. All witnesses called by the Petitioner.
4. Respondent, wishes to pursue discovery. Discovery is
estimated to take at least ninety (90) days.
5. Respondent requests that the hearing be held in Wake
County.
6. The estimated length of the hearing is one (1) day.
7. Not applicable.
8. Respondent will be ready.to have a hearing in this.case
after February 1, 1994.
9. Respondent knows of no other matter of special concern.
-4-
Respectfully submitted this the 15th day of October,-19-93-.-
MICHAEL F. EASLEY
Attorney General
By
Kathryn J e ooper
Special Depu Attorney General
N.C. Departm nt of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
Y %.
-5-
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the
foregoing RESPONDENT'S PREHEARING STATEMENTS on the Petitioners
by depositing the copies in the United States Mail, first class,
postage prepaid, addressed as follows:
Carlos B. Ervin
Star Route, Box 64.8
Harkers Island, North Carolina 28531
Donald Barnum
Star Route, Box 6.48
Harkers Island, North Carolina 28531
Respectfully submitted this the 15th day of October,.1993.
MICHAEL F. EASLEY
Attorney General
By c
Kathryn Jo s C open =>.
Special Deputy-/Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh,.NC 27602-0629
[phone]
ep:ervinphs.kc
OFFICE OF WE ATTORNEY GENERAL
DATE
TRANSMITTAL SLIP 10/25/93
TOe JOHN D O R N E Y EF. NO. ooM. BLDG.
Q.
FROM: REF. NO. OR ROOM. BLDG.
KATHY COOPER
ACTION
? NOTE AND FILE ? PER OUR CONVERSATION
? NOTE AND RETURN TO ME - ? PER YOUR REQUEST
? RETURN WITH MOREDETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMMYS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:

OCT 2 6 X93,
IWETLANDS GROUP
WATER UALITY SECTION

? Are
!-11 7
State of NortbP-eTq4ro?i j '93
MICHAEL F. EASLEY Department of Justice REPLY TO: Kathryn Jones Cooper
ATTORNEY GENERAL P. O. BOX 629 Environmental Division
RALEIGH [phone]
27602-0629
October 15, 1993
The Honorable Thomas R. West
Administrative Law Judge
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
RE: Carlos B. Ervin and Donald Barnum v. DEHNR, File No. 93 EHR
0948, Carteret County
Dear Judge West:
Attached are two copies of the document constituting agency action which,
to the best of my knowledge, caused the filing of the Petition in the above
referenced matter.
Also attached is the original and one copy of RESPONDENT'S
PREIIEARING STATEMENTS for filing in this matter. .
Finally, please note my appearance as counsel for the Respondent.
Sincerely,
Kathryn Jones ooper
Special Deputy Attorney General
KJC/klj
Attachments
cc: Carlos B. Ervin
Donald Barnum
r-AeE---S s
An Equal Opportunity / Affirmative action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources FILE[) OF 74*A
Division of Environmental Management AMU. ir, I
A AM IL
James B. Hunt, Jr.; Governor.
N
Jonathan B. Howes, Secretary
1?iFj"
A. Preston Howard, Jr., P.E., Director " OCT 15
July 21, 1993
Carlos Ervin and Donald Barnum
P.O. Box 313
Harkers Island,"'N.C. 28531
Dear Mr. Ervin and Barnum:
Subj.ect: Certification Pursuant to section 401 of the Federal Clean
Water Act,
Proposed bulkhead, basin excavation and boat basin creation
Project # 93517
w
Carteret County,
Attached hereto is a copy of Certification No. 2834 issued to
Carlos Ervin and Donald Barnum dated July 21, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
` reston Howard, J P.E.
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal' Management
Central Files
NORTH CAROLINA
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500
to Carlos Ervin and Donald Barnum in Carteret County pursuant to an
application filed on the 14th'day of June,1993 to bulkhead an existing
basin and channel, maintain dredge the basin and canal and excavate
two new boat basins.
The Application provides adequate assurance that the discharge of
fill material into the waters of Eastmount Bay in conjunction with
the proposed basin fill in Carteret County will not result in a
violation of applicable Water.Quality Standards and discharge
guidelines. Therefore, the_State_.of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted.in accordance with the application
and conditions hereinafter set forth -
Condition(s) of Certification:
1. That the_\activity be conducted in such a manner
as--to prevent significant increase in-turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is. 25 NTU's or less are
not considered significant).
2. That earthen dikes, and silt fences be in place prior to any
excavation or placement spoil material. Due the narrow
strip of land available for spoil disposal, it is
recommended that silt fences be constructed along the entire
length of the disposal area. It is also recommended that
the last 100 ft. of bulkhead on the northeast side of the
canal, near the mouth of the canal, be constructed as a
breakwater, with no backfili. This would eliminate the
filling of saltmarsh and open water at the end of the canal
and-reduce the possibility of spoil material reentering
surface waters. -
3. That the spoil disposal area be stabilized with vegetation
as soon as possible to prevent erosion.
4. That a sewage pumpout facility be installed and maintained
through out the life of the marina and that signs be posted
notifying boaters of the pumpout location.
Violations of any condition herein set forth shall result in
revocation of this Certification. This Certification shall become null
and void unless the above conditions are made conditions of the
- Federal.. or Coastal Area Management-Act Permit
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within.thirty (30)
days.following receipt of this Certification. This request must be in
the form of a written.petition conforming„to Chapter 150B of the North
Carolina General Statutes and filed with.the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
.This the 21st day of July, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
reston oward, J P.E.
rector
L
WQC# 2834
J I
FILED OF-j" 0"
ADMIN. Hi EA WIGS
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CARTERET OCT 15 5 z3 P '93 93 EHR 0948
CARLOS B. ERVIN,
DONALD BARNUM,
Petitioners,
V.
STATEMENTS
RESPONDENT'S PREHEARING
DEHNR,
Respondent.
NOW COMES the Respondent, North Carolina Department of Envi-
ronment, Health and Natural Resources_(DEHNR or the Department),
pursuant to G.S. 150B-33(b)(4) and 26 NCAC 3.0004, and files this
Prehearing Statement in the above-captioned matter in accordance
with the Order of September 13, 1993
1. The issue to be resolved in this contested case is
whether the conditional- 401 Water Quality Certification issued to
Petitioners on July 21, 1993 was properly issued. Controlling
statutes, rules,-etc. are:
a. Article 21 of Chapter 143 of the General Statutes
(G.S.);
b. Chapter 150B of the General Statutes;
C. Title 15A, Chapter 2 of the North Carolina Administra-
tive Code (NCAC);
d. Title 26, Chapter 3 of the North Carolina Administra-
tive Code; and
e. the Federal Water Pollution Control Act ("Clean Water
Act"), 33 United States Code (U.S.C.) §§ 1251-1387.
2 A brief statement of the facts and Respondent's conten-
tions are provided below. On May 18, 1993, the Petitioners filed
% t,
-2-
an application with the Respondent for a permit from the Division
of Coastal Management to develop in an Area of Environmental Con-
cern, and for a certification, pursuant to Section 401 of the
Clean Water Act, from the Division of Environmental Management
(DEM), that a discharge of fill material in project wetlands
would not violate applicable water quality standards. According
to the application, Petitioners proposed to maintenance excavate
a boat basin and access channel, excavate two new boat basins and
construct new piers and bulkheads at their existing marina facil-
ity off StateRoad' 1419 and Bayview Drive, oh- Eastmouth Bay,'
Harkers Island, Carteret County, North Carolina.
The permit application was reviewed and the site was
inspected on .July 8, 1993 by Respondent's .DEM staff in the
Wilmington Regional Office. On July 9, 1993, Respondent's DEM
staff in the Wilmington Regional Office recommended issuance of
the 401 water quality certification with conditions. On July 21,
1993, Respondennt's Division of Environmental- Management issued a
conditional water quality certification to the Petitioners.
Petitioners are contesting part of the.second and all of the
fourth conditions (as set forth in the July 21, 1993 conditional
401 water quality certification). Respondent contends that Sec-
tion 401(a), (b) and (d) of the Clean Water Act and 15A NCAC
2H.0504(c) allow Respondent, to place conditions on any 401 water
quality certification issued by the DEM to insure compliance with
Sections 301, 302, 303, 306 and 307 of the Clean Water Act.

-3-
Thus, the conditional 401 water quality certification was
properly issued and should be upheld.
3. Witnesses for the Respondent include, but are not lim-
ited to, the following Division of Environmental Management
employees:
a. John Dorney, Supervisor
Wetlands and Technical Review Group
Division of Environmental Management
b. Dave Adkins, Water Quality Supervisor,
Division of Environmental Management,
Wilmington Regional Office
C. Jim Gregson
Environmental Specialist
Division of Environmental Management,
-Wilmington Regional Office
d. All witnesses called by the Petitioner.
4. Respondent, wishes to pursue discovery.Discovery is
estimated to take at least ninety (90) days.
5. Respondent requests that the hearing be held in Wake
County.
6. The estimated length of the hearing is one (1) day.
7.- Not applicable.
8`. Respondent will be ready to have a hearing in this case
after February 1, 1994.
9. Respondent knows of no other matter of special concern.

-4-
Respectfully submitted this the 15th day of October, 1993.
e -4
-5-
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the
foregoing RESPONDENT'S PREHEARING STATEMENTS on the Petitioners
by depositing the copies in the United States Mail, first class,
postage prepaid, addressed as follows:
Carlos B. Ervin
Star Route, Box 648
Harkers Island, North Carolina 28,531
Donald Barnum
Star Route, Box 6:48..
Harkers Island, North Carolina 28531
Respectfully submitted this the 15th day of October, 1993.
MICHAEL F. EASLEY
- Attorney General
By ?---
Kathryn Jo s C oper
Special Deput Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
ep:-ervinphs.kc
IMPORTANT
To ?
Date Time
RILE YOU WERE OUT
M
of Q
Phone F°i)C ??3 -?? l
AREA CODE NUMBER EXTENSION
C TELEPHONED PLEASE CALL
(A.
Message
, ?j?
?
co D
V
Signed( -
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
ODI

DIVISION OF ENVIRONMENTAL MANAG
WATER QUALITY SECTION
MEMORANDUM
TO: Steve Tedder
THROUGH: Greg Thorpe ,?
Boyd DeVane 154----
FROM: John Dorne*w
DATE: October 12, 1993
SUBJECT: Contested. Case Hearing
Carlos B. Ervin and Donald Barnum
DEM # 93517
Carteret County
The subject applicants have filed a petition for a contested case hearing concerning
conditions we included in a 401 Water Quality Certification (attached). Condition 2, as
requested by the Wilmington Regional Office, recommended but did not require the
construction of a breakwater instead of a bulkhead. The Wilmington Regional Office, per Jim
Gregson, does not oppose the removal of this condition. Therefore, condition 2 can be
withdrawn. Condition 4 requires the installation of a sewage pumpout facility and has also
been included as a condition of the CAMA permit. This marina expansion would result in a
total of 39 slips at this site which presently has no pumpout facility available. I concur with
the Wilmington Regional Office concerning the need for this condition.
The hearing is scheduled for January 17, 1994. Please advise if you need additional
information or would like to discuss this matter.
cc: Jim Gregson
ref-7/conhear.mem
WIL

PLEASE PRINT CLEARLY OR TYPE • , ?? 7_'4?
STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF (1) C'far?rL<f'Ei \i1\I .AT HEARINGS T
(2) C (i e, L o 5 B, Et? u' l Al DOAJ 4 GD ?FI/,A) (t /n
Petitioner,
(Your Name)
(3) L f7' 4/ i?'
Respondent.
• ? The State Agency or Board about which you are
complaining)
DIV. OF ENVIRONMENTAL MGMNT
DIRECTORS OFFICE.
I hereby ask for a contested case hearing as provided for by G.S. 1508-23 because the:
(a) has:
(name of agency)
(Briefly state facts showing how you believe you have been harmed by the state agency or board.)
A 4D D 4.0 /-? o mot/ D i %l Qz I To 6 Gu rz r'i T/7//i
SG--w/1 167 67 F61 /7-7/- U (.c 7' 57`/??i4?J r S ALE-(0 LA .?G-0 i? 6'y%
0) 7 T11fa7` '-,H,=
AI,,/•?Tt?r=.4c7-
Coi?,vc',e o / 13uL/<?? 0 13€ (7 o,-- s y'rvc 7'a 0 4-s A ?3.ecff =/9/-<k
(J more space is needed, use additional sheets and attach)
(5) (Check all that' apply) Because of these facts, the agency has: ..
-deprived me of property; acted erroneously;
-ordered me to pay a fine or civil penalty; -
1-ailed to use proper procedure;
-otherwise substantially prejudiced my I! acted arbitrarily or capriciously; or
rights; and based on these facts the agency _failed to act as required by law or rule.
has exceeded its authority or jurisdiction;

(6) Date: 7 - j -'F3 (7) Your telephone number: (9/? 7 Z [?? 53 7
(8) Print your address: 57`r'°1;? R o w7`c p-tL (o ?? ?a/? e?/?e5 ?.SLANp /1/r ZB? f
(9) Print your name
(10) Your signature:
You must mail or deliver a COPY to the State Agency named on line (3) of this form. Please indicate below.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State Agency named below by depositing a copy of it with the Unked States
Postal Service with sufficient postage OR by delivering it to the named agency.
Served on: i
JV•
FRS s7`0nJ /?IawA2y PE - (12) 1Z)Gi??ll?' _
(name) (agency)
(13) 0. ?v?L 2'7 6 87 /?11 Z.'-- * .c/ 27(x//- T6 7
(address)
(14) This the _.L_ day of 19 I .
(15)
When you have completed this form you i%41;ST mail or deliver the ORIGINAL and one COPY to the Office of .Adminis-
trative Hearings, P.O. Drawer 27447, Raleigh, NC 276 1 1-7447.
t??
-egg
^
PETITION r^
a
FORA CONTESTED CASE HEARI\'C 'T
scr,
H-06 (11/91)
.
S-LATE
f<W? ?a•. Pi.
.4?
9rS - 8'19 ?93
L t?Eta?
State of North Carolina V'P.T
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3441 Arendell Street • Morehead City, North Carolina 28557
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
September 3, 1993
Mr. Carlos Ervin
P.O. Box 313
Harkers Island, N.C. 28531
RE: CAMA Permit x#89-93
Dear Mr. Erwin:
cam/
Roger N. Schecter
Director
This is in reference to your letter of August 17, 1993 requesting that your permit
application be placed on 'hold' pending your appeal of the Water Quality Certification which
was issued to you on July 21, 1993 by the NC Division of Environmental Management. As you
know, we received your letter on August 20, 1993 but the permit had already been issued to you
on August 4, 1993.
While you may wish to appeal the Water Quality Certification, a favorable outcome will
not relieve you of the permit conditions contained in the CAMA permit. Specifically, Condition
#i8 requires that a pump-out facility be installed prior to the occupancy of the additional slips
which were authorized by the permit. Since the deadline for appealing the CAMA permit has
passed, there are only a few options available to you. First, you could elect to adhere with the
permit conditions and install a pump-out facility. Your second option could be to perform the
maintenance excavation and bulkheading work authorized by your CAMA Permit but not
conduct any basin expansion or new slip installation. The third option would be to request a
variance from the Coastal Resources Commission. While this is an option, the variance criteria
are typically very difficult to meet. If you elect to pursue either the second or third option, that
would still not eliminate the pump-out condition imposed on the Water Quality Certification.
P.O. Box 769 Morehead City, N.C. 28557 • Telephone [phone] * Fax [phone]
An Equal Opportunity Affirmative Action Employer
I .{ y

September 3, 1993
Page #2
I hope this has adequately explained the status of your CAMA permit and the options
which you may pursue. If you have any questions concerning this, please contact Mr. Charles
Pigott or myself at our Morehead City office.
Sincerely,
Charles S. Jones
District Manager
cc: Preston Pate
Charles Pigott
John Parker
John Dorney, DEM
Cliff Winefordner, COE
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director,
July 21, 1993
Carlos Ervin and Donald Barnum
P.O. Box 313
Harkers Island, N.C. 28531
Dear Mr. Ervin and Barnum:
fflX.;WAWOO
?EHNR
Subject: Certification Pursuant to Section 401 of the Federal Clean
Water Act,
Proposed bulkhead, basin excavation and boat basin creation
Project # 93517
Carteret County
Attached hereto is a copy of Certification No. 2834 issued to
Carlos Ervin and Donald Barnum dated July 21, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
reston Howard, J . P.E.
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
NORTH CAROLINA
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
.?. w
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500
to Carlos Ervin and Donald Barnum in Carteret County pursuant to an
application filed on the 14th day of June,1993 to bulkhead an existing
basin and channel, maintain dredge the basin and canal and excavate
two new boat basins.
The Application provides adequate assurance that the discharge of
fill material into the waters of Eastmount Bay in conjunction with
the proposed basin fill in Carteret County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are
not considered significant).
2. That earthen dikes, and silt fences be in place prior to any
excavation or placement spoil material. Due the narrow
strip of land available for spoil disposal, it is
recommended that silt fences be constructed along the entire
length of the disposal area. It is also recommended that
the last 100 ft. of bulkhead on the northeast side of the
canal, near the mouth of the canal, be constructed as a
breakwater, with no backfill. This would eliminate the
filling of saltmarsh and open water at the end of the canal
and reduce the possibility of spoil material reentering
surface waters.
3. That the spoil disposal area be stabilized with vegetation
as soon as possible to prevent erosion.
4. That a sewage pumpout facility be installed and maintained
through out the life of the marina and that signs be posted
notifying boaters of-the pumpout location.
Violations of any condition herein set forth shall result in
revocation of this Certification. This Certification shall become null
and void unless the above conditions are made conditions of the
Federal or Coastal Area Management Act Permit.

If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with.the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
This the 21st day of July, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
L
eston oward, J . P.E.
or
Prec
t
WQC# 2834
V To: John Dorney p
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMEN
V
i!.!! 141993
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON
WQ SUPERVISOR: ADKINS
DATE: July 9, 1993
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 93 PERMIT NO.: 93517 COUNTY: Carteret
PROJECT NAME: Carlos B. Ervin & Donald Barnum
PROJECT TYPE: Marina PERMIT TYPE: GAMAr-°°'°...... '"
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: June 14, 1993
REG OFFICE: WiRO RIVER AND SUB BASIN#:
*STREAM OR ADJACENT WATER BODY: Eastmouth Bay
CLASS: SA STREAM INDEX #:
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: SM
WL REQUESTED:.007 WL ACR EST: Yes
HYDRO CNECT?: N/A WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: No
RECOMMENDATION: Condition
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to bulkhead a portion of an existing
basin and access channel, maintenance excavate the basin and access channel, excavate two
new boat basins and construct seven additional boat slips.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: Individual Certification for the backfilling of the bulkhead.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Existing septic tank system
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: 3,230 sq. ft. WETLAND: 300 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? No
w .
93517. Tun
-Page Two
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? See comments below
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: No MARINA SERVICES: Yes
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: Yes
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMNMNDED CONDITIONS OR PERMIT RESTRICTIONS: A site visit was
conducted on July 8, 1993.
The project will require a 401 Certification and that Certification should contain the
following conditions for the construction of the bulkhead.
Z That earthen dikes, and silt fences be in place prior to any excavation or placement
spoil material. Due the narrow strip of land available for spoil disposal, it is
recommended that silt fences be constructed along the entire: length of the disposal
area. It is also recommended that the last 100 ft. of bulkhead-.on the northeast side of
the canal, near the mouth of the canal, be constructed as- a breakwater, with no
backfill. This would eliminate the filling of saltmarsh and open water at the end of
the canal and reduce the possibility of spoil material reentering. surface waters.
3 I. That the spoil disposal area be stabilized with vegetation as soon as possible to
prevent erosion.
? K That a sewage pumpout facility be installed and maintained through out the life of the
marina and that signs be posted notifying boaters of the pumpout location.
4 That the project be done in such a-m4i _p so as .to not cause turbidity outside the
l imxfedii to construction area to exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Charles Pigott
John Parker
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Carlos B. Ervin & Donald Barnum
2. LOCATION OF PROJECT SITE: SR1419, Bayview Dr., Eastmouth Bay, Harkers Is., Carteret Co.
Photo Index- 1989: 156-4, 4-G,H,I,J 1984: 38-1213, 15-M,N,O,P
State Plane Coordinates - X: 2736400 Y: 354000
E
3. 'INVESTIGATION TYPE: CAMA/Dredge & Fill D---"°'
JUN 2 1 1993 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/10/93 & 6/3/93
Was Applicant Present - YES p 7wtRAvDs ,pQ ,f -!
5. PROCESSING PROCEDURE: Application Received - May 18, 1993
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: ES, PT, EW, CW
(C) Water Dependent: YES
(D) Intended Use: Public
(E) Wastewater Treatment: Existing -.Septic tank
Planned - NONE
(F) Type of Structures: Existing - 4 buildings, 2 residences, 27 slips
Planned - 7 additional slips, new piers, bulkhead
(G) Estimated Annual Rate of Erosion: 1'
Source - Observed
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Coastal Wetlands Bulkhead
300 sq. ft.
(B) Non-Vegetated Wetlands
Shallow Bottom - Access Channel 28,200 sq. ft. } (Backfill)
it - Basin 12,500 sq. ft. } 3,230 sq. ft.
(C) Other
Highground - 2 new basins 2,585 sq. ft. (Footprint)
Open-water - Dock 2,875 sq. ft.
Highground - spoil disposal 100,100 sq. ft.
(D) Total Area Disturbed: 149,790 sq. ft.
(E) Primary Nursery Area: NO
(F) Water Classification: 'SA' Open: NO
8. PROJECT SUMMARY: The applicants are proposing to maintenance excavate a boat basin and
access channel, excavate two new boat basins and construct new piers and bulkheads at their existing
marina facility.
FIELD INVESTIGATION REPORT:
CARLOS B. ERVIN & DONALD BARNUM
PAGE #2
9. NARRATIVE DESCRIPTION: The applicants property is located on 9 acres of land
adjacent to Eastmouth and Westmouth Bay, off Bayview Drive (SR1419), on Harkers
Island, Carteret County. Presently on the site, there are 4 buildings used for storage
and a shop, plus 2 residences owned by the joint applicants. The applicants have 27
wetslips which are rented out to the public. Typical boat lengths range from 20-35'.
The applicants do not allow any live-aboards in the marina and there is no pump-out
facility available at the site. The applicants have fuel available for the customers.
The existing access channel and basin area appear to have been excavated through
coastal wetlands many years ago prior to permit requirements. The channel was dug
by dragline and the. spoils placed on either side of the channel and later spread out to
leave an area of highground ranging in width from 30-50' wide. This access channel
runs approximately 1,000' in length and connects to Eastmouth Bay. Along the
shoreline there exist an approximately 0 to 10' wide border of Black needlerush,
Spartina alterniflora, SSpartina patens, red cedar, Salicornia, Iva frutescens, Baccharis
halimifolia and wild cherry are growing along the edge and on top the bank. The
majority of these wetlands are above MHW and are not subject to state or federal
wetland jurisdiction. At the mouth of the access channel a border of Spartina
alterniflora exist which ranges from 5' to 20'in width. The majority of the canal's
bank has begun to slough off and has fallen into the access channel. Water depths
within the canal and boat basin range from -1 to -4'MLW deep and the bottom
sediments are mostly silty in composition.
Waters at the project site are classified as' 'SA' by the Division of Environmental
Management and are closed to shellfishing.
The applicants propose to maintenance excavate the access channel and boat basin.
The boat access channel measures approximately 940' in length x 30' in width while
the boat basin is approximately 125' long x 100' wide. The applicants also propose to
expand their docking areas by excavating two highground boat basins. One of the
basins would measure approximately 70' long x 28' wide and the other one would be
approximately 25' long x 25' wide. All excavation is proposed to a depth of -4' MLW
and will be accomplished by the use of a dragline. Because of the limited spoil area the
applicants will take a bulldozer and push up a berm along the old spoils area and place
the excavated material inside the berm. Some of the spoil will also have to be trucked
off the site.
All existing docks would be removed and replaced with new ones. New docks would
also be constructed in the 2 new upland basins. This would allow an additional 7 slips
which would give a total of 39 wetslips available at the marina facility.
FIELD INVESTIGATION REPORT:
CARLOS B. ERVIN & DONALD BARNUM
PAGE #3
The applicant also propose to construct approximately 1,350 In. ft. of bulkhead along
portions of the basin and canal shoreline. The bulkhead will be positioned from 0 to
12' beyond the MHW line with the furthest point being at the mouth of the access
channel. On the west side of the access channel it is estimated that the proposed
bulkhead would fill approximately 80 sq. ft. of coastal wetlands and approximately
1210 sq. ft. of area below the MHW line. On the east side of the channel it is
estimated that approximately 220 sq. ft. of wetland areas and 2020 sq. ft. of water area
would be impacted.
10. ANTICIPATED IMPACTS: The project as proposed will result in approximately 300
sq. ft. of coastal wetlands and 3230 sq. ft. of area below the MHW line being filled in
conjunction with the bulkhead installation. Approximately 120 cu. yds. of fill material
would be placed below the MHW line and confined by the proposed bulkhead.
Approximately 3014 cu. yds. of muddy substrate would be excavated from the
maintenance of the existing access channel and boat basin. The applicant has indicated
that approximately 3700 cu. yds. of spoils material could be placed in 2 the two
narrow spoil disposal sites which are located on both sides of the access channel. In
order to contain the material the applicant is proposing to construct a berm to contain
the material. The remaining spoil (approximately 800 cu. yds.) is to be trucked off the
site. Approximately 670 cu. yds. and 2,500 sq. ft. of high ground would also be
excavated in order to provide additional docking areas for seven boats (total of 34 slips
available). During excavation activities ,it can be anticipated that increased levels of
turbidity will be present. These impacts can be lessened if turbidity screens are
installed at the entrance of the canal. The spoil disposal area is limited and extreme
care must be exercised to prevent excavated material from entering adjacent wetland
and water areas.
PREPARED BY: CHARLES O. PIGOTT
June 10, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name GA of., t. EWj4- -poll o? nRnlwm
Address f.0. 19950x 31*??
Citym4P_a-es )5L_44v State K1.6,
Zips95S") Dayphone-'fAf(-5?,7+
? Landowner or Authorized agent
b. Project name (if any) ERJW- F,42 J uM
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
QJ2 l+J??TALL 1JeO pe(J-5
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
UM4
c. Will the project be for community, private, or
commercial use?
earn m G fZ,L.f ,g-v
d. Describe the planned use of the project.
Pc4r21.,)11Jr• fzs
4 `LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 3 oo' x f 3?0'
b. Size of individual lot(s) - L0 c,` X r3, '
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d.
Soil type(s) and texture(s) of tract
6A-4DY1,n4md- L4,4ycL1 Pjf 96 rglJD muu, cal
WCTO#JD7
Vegetation on tractp . GkDb ??r-cs? rr,an?,?}
_ gf?Ash
Z ?L'?lP?Nvr s
Man-made features now on tract 4 f3?4 r L b; JJ6s(SP d-
5ic;Z4 bL
a. Street address or secondary road number
- 555 ,ItfW DRA (S,Q. )4ici) e.
b. City, town, community, or landmark
i-1A12rti; S i2o*1D -
c. County CAZ;1 f rc;
d. Is proposed work within city limits or planning
jurisdiction? `(a= ,
e. Name of body of water nearest project
?'u ?JcTi a/.l ?aYmcrl A ?b W c STrnc u-r11
V3.4Yi
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed ? Community
Rural Other
h. How is the tract zoned by local government?
i. How arc adjacent waters classified?
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier).-Peo•Jfpt; 17 4r)r>ticr.JA ,monf?rN4
6 r - 'Tim LLr.11,1
ruT Y?hSr?.l???r5? ?c ? ?,f
?-c.c r?? !'?F?AtlN'f`. , • J?i?sr-?-r.?, p?c ? ?- ???,,?.y.?:? t
12/89
Has a professional archaeological survey been
carried out for the tract? Kit-> If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed rdf ,9-
b. Number of lots or parcels tJ111:_
c. Density (Give the number of residential units and the
units per acre.) IJ JA-
d. Size of area to be graded or disturbed
A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? No
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
or, lie,
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
hk` 3F,
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? ?J .14-
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
+,1 ),A
j. Have these facilities received state or local approval?
?J
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). SUP_FA f- 1Zurll'Ar-
Ir
MAY 1 8 1993
- ----------------------
m. Water supply source H A04 k,5 1?!(6-t4> SYS i ?,r?
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
J,+
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?_ J
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(ML or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp, A UAs
rock jetty) , (v)
?ePcACr PCUC$
,7)'W/dq yx.INcIS
F11 placed in
wetland or below
MHW
Upland fill
areas
'AJr. tj
Sri`
?Fo
l•5'To r"3s
-S.V AJ6.
Isq, too' ?'-ro eE
-70 ` -k g, -,4-'
may' ZS' _4.

a
lei ??t• ,. AT
x•a
?•ry?:<?'<??<
pp .7 OP- cr?X/' .

c :d
ex caJ.

b. Amount of material to be excavated from below
water level in cubic yards 45?-q-
c. Type of material h a,1? a,j;, pquti
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
00
e. High ground excavation, in cubic yards
-z So 6- . Y.
f. Dimensions of spoil disposal area
I fl-n mo -ja. cr
g. Location of spoil disposal area 6 -Aupl- " Tb
F_ f w+l n-?04
h. Do you claim title to the disposal area? Y&5
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? Yct b
If so, where? c d S r ; r,
J. Does the disposal area include any marshland,
swamps, or water areas?
00
k. Will the fill material be placed below mean high
water? Yr'
1. Amount of fill in cubic yards 8 y 7e)
in. 'T'ype of fill material 1294n 4- muv
n. Source of fill material E-V,4114TI©IIl
o. Will fill material be placed on marsh or other
wetlands? 00
p. Dimensions of the wetland to be filled
N
q. How will excavated or fill material be kept on site
and erosion controlled?
C-,ii.T F[flG£ pue1NG? Go?lciiRNG?IOn1
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? JyRA b, w rlt; ?24ccl" r, "f1Zu m , 7leACMz
s. Will wetlands be crossed in transporting equipment
to project site? __t::? If yes, explain steps that will
be taken to lessen environmental impacts.
r,J I A-
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level n'- Z'
c. Shoreline erosion during preceding 12 months, in
feet I2' 4T T J b Of A (. X 6!2 L1A96L9 (,
d. Type of bulkhead material wvcy ,)P- Pic
e. Amount of fill, in cubic yards, to be placed below
mean high water _ 46
f. Type of fill material hmtj Ad-p muD
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.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 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
ould be advised by the applicant of
tth ?r 1
MAY I
UC.11: 1
u=..J
Name (iG'>wr_ 2. kC5,C
Address Sr?R tzr WX & jy
L.Iq vrPS /'7G--Jp n/ r s31
Name
?-r2 N'XA/?bL"O
Address p o. gp y? 8
?-?1'-,E125 l?,r ah?/? of ,?' ,? $S?i
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for$W made payable to the Department
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-I to 10).
4

9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the 3 day of 4pp2it,
X,
Landowner or Authorized agent
1289
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities.must be included in application and work
plats.
1, MARINA CHARACTERISTICS
b
d.
Check below the type of marina proposed.
? Commercial Public
Residential
Will the marina be open to the general public?
If there is residential development associated
with the marina, how many units or lots are
planned? rJ + W
Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies cxibro1
Dockage ("wet slips") only 34 -70iAL
Number of slips 2762rz01?b% 4bp/,J6 '7 S?-rph)
Dry storage
Number of boats- _
Boat ramp(s) r_xv5)-im6
Other (describe)
f.
9.
h.
i.
Check below the proposed type of siting.
Land cut and access channel -F_XIST1t46
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
Describe the typical boats to be served (for ex-
ample, open runabout,. charter boats, sail boats,
or mixed types). mixer) TyPfh
Typical boat length 1- i `
Maximum boat length'
Are any floating buildings planned? +-10
If so, describe.
M:
41
c
lU'
?::2 MARINA ??PERATIOI?IS -?t i? a
a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location M It 4-
b. Describe treatment type and location for all
sanitary wastewater. M 14
c. Describe solid waste, fish offal, and trash
disposal. t j 1 A-
d. How will overboard discharge of sewage from
boats be controlled?_ t.iordF A u.owj-f D
e. Give the location and number of "No Sewage
Discharge" signs proposed. otl-: oJ k-4 tL
122:1 OP 9!9?2ul
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts. d 11 A
g. Where will residue be disposed of? t4 Jh-
h. Give the number of channel markers and "No
Wake" signs proposed. -TV O
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
4
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. 61A5_Iarrt4 C.R-JbW AT
IA-AM12 ?-fib iArtL
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts. ExiSTiN&, GFiArJNLL 0zctj
3A'(
TO
k. What will be the marina policy on overnight
and live-board dockage? ncJG AUJ,0002
1. Is the proposed marina located near any
shellfish leases?_1,Jo If so, give the name and
address of.the leaseholder.
m. If this project is an expansion of an existing
marina, what types of services are currently
provided? P;OAT hL.12h 9tJD WLT 1?iokh6t--,
n. How many slips are now available? 021
5
Jtc,101 i Y MA?
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' DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Carlos B. Ervin & Donald Barnum
2. LOCATION OF PROJECT SITE: SR1419, Bayview Dr., Eastmouth Bay, Harkers Is., Carteret Co.
Photo Index - 1989: 156-4, 4-G,H,I,J 1984: 38-1213, 15-M,N,O,P
State Plane Coordinates - X: 2736400 Y: 354000
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/10/93 & 6/3/93
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received - May 18, 1993
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Trans; tion/Conservation
(B) AEC(s) Involved: ES, PT, EW, CW
(C) Water Dependent: YES
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - Septic tank
Planned - NONE
(F) Type of Structures: Existing - 4 buildings, 2 residences, 27 slips
Planned - 7 additional slips, new piers, bulkhead
(G) Estimated Annual Rate of Erosion: V
Source - Observed
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Coastal Wetlands Bulkhead
300 sq. ft.
(B) Non-Vegetated Wetlands
Shallow Bottom - Access Channel 28,200 sq. ft. } (Backfill)
" - Basin 12,500 sq. ft. } 3,230 sq. ft.
(C) Other
Highground - 2 new basins 2,585 sq. ft. (Footprint)
Open-water - Dock 2,875 sq. ft.
Highground - spoil disposal 100,100 sq. ft.
(D) Total Area Disturbed: 149,790 sq. ft.
(E) Primary Nursery Area: NO
(F) Water Classification: 'SA' Open: NO
8. PROJECT SUMMARY: The applicants are proposing to maintenance excavate a boat basin and
access channel, excavate two new boat basins and construct new piers and bulkheads at their existing
marina facility.

FIELD INVESTIGATION REPORT:
CARLOS B. ERVIN & DONALD BARNUM
PAGE #2
9. NARRATIVE DESCRIPTION: The applicants property is located on 9 acres of land
adjacent to Eastmouth and Westmouth Bay, off Bayview Drive (SR1419), on Harkers
Island, Carteret County. Presently on the site, there are 4 buildings used for storage
and a shop, plus 2 residences owned by the joint applicants. The applicants have 27
wetslips which are rented out to the public. Typical boat lengths range from 20-35'.
The applicants do not allow any live-aboards in the marina and there is no pump-out
facility available at the site. The applicants have fuel available for the customers.
The existing access channel and basin area appear to have been excavated through ?,-
coastal wetlands many years ago prior to permit requirements. The channel was dug
by dragline and the spoils placed on either side of the channel and later spread out to
leave an area of highground ranging in width from 30-50' wide. This annel i
runs approximately 1,000' in length and connects to Eastrnout ii_'Bay. Along the
shoreline there exist an approximately 0 to 10'_vide bborder of Black needlerush,
SSpartina alterniflora, Spartina ap tens, dear, Salicornia, Iva frutescens, Bacchari
halimifolia and wild c rowing along the edge and on to
at jority o? these etland a above an are not su sect to state or ede
wetland jurisdiction. mout of the access channel a border o S?artina
alterni ora exist w ich ranges from 5' to 20'in width. The majority of the canal's
bank has begun to slough off and has fallen into the access channel. Water depths
within the canal and boat basin range from -1 to -4'MLW deep and the bottom
sediments are mostly silty in composition.
Waters at the project site are classified as 'SA' by the Division of Environmental
Management and are closed to shellfishing.
The applicants propose to maintenance excavate the access channel and boat basin.
The boat access channel measures approximately 940' in length x 30' in width while
the boat basin is approximately 125' long x 100' wide. The applicants also propose to
expand their docking areas by excavating two highground boat basins. One of the
basins would measure approximately 70' long x 28' wide and the other one would be
approximately 25' long x 25' wide. All excavation is proposed to a depth of -4' MLW
and will be accomplished by the use of a dragline. Because of the limited spoil area the
applicants will take a bulldozer and push up a berm along the old spoils area and place
the excavated material inside the berm. Some of the spoil will also have to be trucked
off the site.
All existing docks would be removed and replaced with new ones. New docks would
also be constructed in the 2 new upland basins. This would allow an additional 7 slips
which would give a total of 39 wetslips available at the marina facility.

FIELD INVESTIGATION REPORT:
CARLOS B. ERVIN & DONALD BARNUM
PAGE #3
The applicant also propose to construct approximately 1,350 In. ft. of bulkhead along
portions of the basin and canal shoreline. The bulkhead will be positioned from 0 to
12' beyond the MHW line with the furthest point being at the mouth of the access
channel. On the west side of the access channel it is estimated that the proposed
bulkhead would fill approximately 80 sq. ft. of coastal wetlands and approximately
1210 sq. ft. of area below the MHW line. On the east side of the channel it is
estimated that approximately 220 sq. ft. of wetland areas and 2020 sq. ft. of water area
would be impacted.
10. ANTICIPATED IMPACTS: The project as proposed will result in approximately 300
sq. ft. of coastal wetlands and 3230 sq. ft. of area below the MHW line being filled in
conjunction with the bulkhead installation. Approximately 120 cu. yds. of fill material
would be placed below the MHW line and confined by the proposed bulkhead.
Approximately 3014 cu. yds. of muddy substrate would be excavated from the
maintenance of the existing access channel and boat basin. The applicant has indicated
that approximately 3700 cu. yds. of spoils material could be placed in 2 the two
narrow spoil disposal sites which are located on both sides of the access channel. In
order to contain the material the applicant is proposing to construct a berm to contain
the material. The remaining spoil (approximately 800 cu. yds.) is to be trucked off the
site. Approximately 670 cu. yds. and 2,500 sq. ft. of high ground would also be
excavated in order to provide additional docking areas for seven boats (total of 34 slips
available). During excavation activities it can be anticipated that increased levels of
turbidity will be present. These impacts can be lessened if turbidity screens are
installed at the entrance of the canal. The spoil disposal area is limited and extreme
care must be exercised to prevent excavated material from entering adjacent wetland
and water areas.
PREPARED BY: CHARLES O. PIGOTT
June 10, 1993
. , % .
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. NamecA Pm9 8, egJj4- vo4A1,D 9A 12094M
Address _ f o . 00k 313
02 rw,TALA- ,JCVJ DOLL-6
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
-5=14
c. Will the project be for community, private, or
commercial use?
comtr?2Gr?
CityHAeaes 1"L_4 r, state
?t.c.
Zip„ 5`x,1 Day phone W7 - 5 74-
Landowner or Authorized agent
b. Project name (if any) ER%1j4- P?A20'VM
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
d. Describe the planned use of the project.
:?kDJ ilx mfr-_r,>- rW T ?Tc??? P_ 1:?V
;bC'LITrWJ JF. 6
r -
t'
4 `LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _S oo' y f 35"0'
b. Size of individual lot(s) w e,' k 1350'
c, Elevation of tract above mean sea level or
National Geodetic Vertical Datum
P -W A Pao ft, m Awl 5 1 ??f t,
d.
Soil type(s) and texture(s) of tract
a. Street address or secondary road number
95-l t,L J DF-A ( 5. t?. 14 lei) e.
b. City, town, community, or landmark
?latz? -P t?i?sJD f.
c. County CA R;7j e Er ;r
d. Is proposed work within city limits or planning
jurisdiction? 4r*
e. Name of body of water nearest project
-o,4 4 cT, t,.J or, r ,,?mc,WM A01? Ok ST o uaH
PAYS
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
t.r.xr?d ldAV rid..- l?uh7D Mu y r,J
WCrtR 0i D 5
Vegetation on tract t • LED
.? t2 Ahh
Z ecS,??NtS
Man-made features now on tract g i w ???(,S (srtc, e
`?j?.2AtL
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed ? Community
Rural Other
h. How is the tract zoned by local government?
A-
i. How are adjacent waters classified?
S.
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract.
or pier)12u4 rDt; 7 ADDr 5cJA? ,monp-,n? ?Ir, If so, by whom.
-?^-.
(7) M
4(rPh • Tim -1,eAd rUT f3A'12 q Cxi-r t
,1 s ! ec__ Et
'7?.?irhJ !'_N ArI N'EG •r 1t1fM .t.?v /i1r ?r?y ti,? J, E
P
tR a 0
12/89

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed rJ k
b. Number of lots or parcels ;014-
c. Density (Give the number of residential units and the
units per acre.)- I&
d. Size of area to be graded or disturbed
IL 111,4
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation.control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources?_ No
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
tisydf
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
wt;r,
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Q I&
J. Describe proposed sewage disposal and/or waste
water treatment facilities.
J. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
on r.'+r,
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). ->yama RudrPr
.! s MAY
181993
1
- - --------------------
m. Water supply source 0A2ue25 15i,4-MD SySi"err?
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
. ") .4
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
`._J,ss or(NWL)
Boat basin
Other (break-NEW
water, pier, -,,,f7
boat ramp, AREAS
?L
rock jetty) rzw, nc:xs
"hael2mki P)wNtii
Fill placed in
wetland or below
MHW
Upland fill
areas
.5' AJE. N
3G
Z.z' AJE.
1 Z7 100 ' l,$'Tb 5F

7.5' 15' -4'
5'73' 5t _
t (7)
Les .a- A

100,100 Q. Cl. A a? F'"-:<

•:J
ix C 4.1.
c:d
ExCAd
,y _
Aq
b. Amount of material to be excavated from below
water level in cubic yards g5S5`q- L, .
c. Type of material -4,p Aa5 rhur,
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
T So c .'e.

L Dimensions of spoil disposal area
g. Location of spoil disposal area ODTAC_.r41 I
5XC#l d"n
h. Do you claim title to the disposal area? YV;,
if not, attach a letter granting permission from the
owner.
I
i. Will a disposal area be available for future
maintenance? YES
If so, where? o 0 6 i 1n.,
j. Does the disposal area include any marshland,
swamps, or water areas?
?Jo
k. Will the fill material be placed below mean high
water? Y' S
1. Amount of fill in cubic yards 4$Y_-P&w 5 7c,)
m. Type of fill material 59*t a 4- mur,
n. Source of fill material EXtAV 1Mjv#!
o. Will fill material be placed on marsh or other
wetlands? 00
p. Dimensions of the wetland to be filled
14.14
q. How will excavated or fill material be kept on site
and erosion controlled?
titer FtNG_ nueo& Gc,, y-TP MC,1J
[A'Ra NEfJ T7-,m
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? VMAjht rtti f5A Akjr, -MHGIG g-MAc7Z
s. Will wetlands be crossed in transporting equipment
to project site? 00 If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap t ?zs'
b. Average distance waterward of mean high water or
normal water level n'- L'
c. Shoreline erosion during preceding 12 months, in
feet 1V AT Fop rF AW,5t? (,Y,4x r*G
d. Type of bulkhead material -Mrro NvrD ea_ Pvc
e. Amount of fill, in cubic yards, to be placed below
mean high water _ 46
f. Type of fill material 6A#Jb APIn mur)
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to cant' out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 I white paper. (Refer to Coastal Resources
Commission Rule 710203 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 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
stwuld be advised by the applicant of
thhf!rtiJUf!
flu
? usJ t.1 I
Name t-r_S(.)r_ Q. Qe??
Address "i. 12- 2 7 P?Dx ?y
Name2r I -1z N?xar/D£p
Address ?.o,
.£125 f'?Lglf??^iL
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for ??? payable to the Environmentth & Natural Resourrccesot cover th
costs of processing the application. the
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-I to 10).
y
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to0this pen-nit application and follow-up monitoring of
projcct.
This is the 3 day of____?1'tzi?,
X
o
vmeer oorr Authorized agent
7
1 7 ton
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities.must be included in application and work
plats.
1 1RIN 'CHARACTERISTICS
a. Check below the type of marina proposed.
_V Commercial Public
Residential
b. Will the marina be open to the general public?
too
c. If there is residential development associated
with the marina, how many units or lots are
planned? ?.J14:
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies Exitraj1 ?
_y Dockage ("wet slips") only ?51 ToTAt.
Number of slips 27 UInR6r5 ADDj,-J6 7 swky)
Dry storage
Number of boats-
i Boat ramp(s) .r_xejn.,i ,
Other (describe)
e. Check below the proposed type of siting.
V Land cut and access channel - ex,ST,tJ6
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types). ?nrxtn TYPth
g. Typical boat length Z I'
h. Maximum boat length 32'
i. Are any floating buildings planned? +4t-
If so, describe.

a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location M i 4-
b. Describe treatment type and location for all
sanitary wastewater. n1 1.6
c. Describe solid waste, fish offal, and trash
disposal. N 14
d. How will overboard discharge of sewage from
boats be controlled? ntonlF Auowr D
e. Give the location and number of "No Sewage
Discharge" signs proposed. otJa ntJ tg
X21 ViF- nG pLA gj
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts. d I A
g. Where will residue be disposed of? tit f +
h. Give the number of channel markers and "No
Wake" signs proposed. TW o
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
4
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. 6A5 (.4rw CVTor-f AT
J? Amf A-?Jb i-Mr,
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts. Uj5liiN61. 04-94ara QzCA
?b BAY -
k. What will be the marina policy on overnight
and live-board dockage? ?.?nrJG ALAkWeR
1. Is the proposed marina located near any
shellfish leases? ?Jr) If so, give the name and
address of the leaseholder.
m. If this project is an expansion of an existing
marina, what types of services are currently
provided? E061 hUPh AOD vJCT ?,rnpehE.
ruFi VOCr-
n. How many slips are now available?-.2.7
G. ?, -?` ? \ ? \\ \\. MATcNM BEET T V
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POT
5f??ET 4 oF.( 7'!q-Oi3 oM nloT
' D"ION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Carlos B. Ervin & Donald Barnum
2. LOCATION OF PROJECT SITE: SR1419, Bayview Dr., Eastmouth Bay, Harkers Is., Carteret Co.
Photo Index - 1989: 156-4, 4-G,H,I,J 1984: 38-1213, 15-M,N,O,P
State Plane Coordinates - X: 2736400 Y: 354000
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/10/93 & 6/3/93
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received - May 18, 1993
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transition/Conservation
(B) AEC(s) Involved: ES, PT, EW, CW
(C) Water Dependent: YES
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - Septic tank
Planned - NONE
(F) Type of Structures: Existing - 4 buildings, 2 residences, 27 slips
Planned - 7 additional slips, new piers, bulkhead
(G) Estimated Annual Rate of Erosion: F
Source - Observed
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Coastal Wetlands Bulkhead
300 sq. ft.
(B) Non-Vegetated Wetlands
Shallow Bottom - Access Channel 28,200 sq. ft. } (Backfill)
" - Basin 12,500 sq. ft. } 3,230 sq. ft.
(C) Other
Highground - 2 new basins 2,585 sq. ft. (Footprint)
Open-water - Dock 2,875 sq. ft.
Highground - spoil disposal 100,100 sq. ft.
(D) Total Area Disturbed: 149,790 sq. ft.
(E) Primary Nursery Area: NO
(F) Water Classification: 'SA' Open: NO
8. PROJECT SUMMARY: The applicants are proposing to maintenance excavate a boat basin and
access channel, excavate two new boat basins and construct new piers and bulkheads at their existing
marina facility.
FIELD INVESTIGATION REPORT:
CARLOS B. ERVIN & DONALD BARNUM
PAGE #2
9. NARRATIVE DESCRIPTION: The applicants property is located on 9 acres of land
adjacent to Eastmouth and Westmouth Bay, off Bayview Drive (SR1419), on Harkers
Island, Carteret County. Presently on the site, there are 4 buildings used for storage
and a shop, plus 2 residences owned by the joint applicants. The applicants have 27
wetslips which are rented out to the public. Typical boat lengths range from 20-35'.
The applicants do not allow any live-aboards in the marina and there is no pump-out
facility available at the site. The applicants have fuel available for the customers.
The existing access channel and basin area appear to have been excavated through
coastal wetlands many years ago prior to pe* rmit requirements. The channel was dug
by dragline and the spoils placed on either side of the channel and later spread out to
leave an area of highground ranging in width from 30-50' wide. This access channel
runs approximately 1,000' in length and connects to Eastmouth Bay. Along the
shoreline there exist an approximately 0 to 10' wide border of Black needlerush,
SSpartina alterniflora, SSpartina ap tens, red cedar, Salicornia, Iva frutescens, Baccharis
halimifolia and wild cherry are growing along the edge and on top the bank. The
majority of these wetlands are above MHW and are not subject to state or federal
wetland jurisdiction. At the mouth of the access channel a border of S12artina
alterniflora exist which ranges from 5' to 20'in width. The majority of the canal's
bank has begun to slough off and has fallen into the access channel. Water depths
within the canal and boat basin range from -1 to -4'MLW deep and the bottom
sediments are mostly silty in composition.
Waters at the project site are classified as 'SA' by the Division of Environmental
Management and are closed to shellfishing.
The applicants propose to maintenance excavate the access channel and boat basin.
The boat access channel measures approximately 940' in length x 30' in width while
the boat basin is approximately 125' long x 100' wide. The applicants also propose to
expand their docking areas by excavating two highground boat basins. One of the
basins would measure approximately 70' long x 28' wide and the other one would be
approximately 25' long x 25' wide. All excavation is proposed to a depth of 4' MLW
and will be accomplished by the use of a dragline. Because of the limited spoil area the
applicants will take a bulldozer and push up a berm along the old spoils area and place
the excavated material inside the berm. Some of the spoil will also have to be trucked
off the site.
All existing docks would be removed and replaced with new ones. New docks would
also be constructed in the 2 new upland basins. This would allow an additional 7 slips
which would give a total of 39 wetslips available at the marina facility.
FIELD INVESTIGATION REPORT:
CARLOS B. ERVIN & DONALD BARNUM
PAGE #3
The applicant also propose to construct approximately 1,350 In. ft. of bulkhead along
portions of the basin and canal shoreline. The bulkhead will be positioned from 0 to
12' beyond the MHW line with the furthest point being at the mouth of the access
channel. On the west side of the access channel it is estimated that the proposed
bulkhead would fill approximately 80 sq. ft. of coastal wetlands and approximately
1210 sq. ft. of area below the MHW line. On the east side of the channel it is
estimated that approximately 220 sq. ft. of wetland areas and 2020 sq. ft. of water area
would be impacted.
10. ANTICIPATED IMPACTS: The project as proposed will result in approximately 300
sq. ft. of coastal wetlands and 3230 sq. ft. of area below the MHW line being filled in
conjunction with the bulkhead installation. Approximately 120 cu. yds. of fill material
would be placed below the MHW line and confined by the proposed bulkhead.
Approximately 3014 cu. yds. of muddy substrate would be excavated from the
maintenance of the existing access channel and boat basin. The applicant has indicated
that approximately 3700 cu. yds. of spoils material could be placed in 2 the two
narrow spoil disposal sites which are located on both sides of the access channel. In
order to contain the material the applicant is proposing to construct a berm to contain
the material. The remaining spoil (approximately 800 cu. yds.) is to be trucked off the
site. Approximately 670 cu. yds. and 2,500 sq. ft. of high ground would also be
excavated in order to provide additional docking areas for seven boats (total of 34 slips
available). During excavation activities it can be anticipated that increased levels of
turbidity will be present. These impacts can be lessened if turbidity screens are
installed at the entrance of the canal. The spoil disposal area is limited and extreme
care must be exercised to prevent excavated material from entering adjacent wetland
and water areas.
PREPARED BY: CHARLES O. PIGOTT
June 10, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and storm water con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed for all projects.
1 APPLICANT
Qk 1W5-1'4L- #JGw? Dtf-t5
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
-ftal
c. Will the project be for community, private, or
a. Name GA eLn, 8. w4i 4 - yorJa . g,r gum commercial use?
cam M E ec_ 6y
Address_f-o • Y?ox 20'3,
CityAAP-mrl, r5r??lo State ijx,
Zig5'31 Dayphone_' AV-5?,7t
? Landowner or Authorized agent
b. Project name (if any) ERVW- P2Ae1JKAA
C. If the applicant is not the landowner, also give the
owner's name and address.
IA
2 LOCATION OF PROPOSED
PROJECT
d. Describe the planned use of the project.
:31QVipa. mFr_r> t, a- < ?PdJfjJ` t?n? I?c.a v
J5C9rQ1AhJ r-_1Z6
4'LAND AND WATER
CHARACTERISTICS
a. Size of entire tract S oo' y f 3So'
b. Size of individual lot(s) jo e, k 135"0'
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
1I-W ADo& rr?raa? St<? I "Ic
d.
a. Street address or secondary road number
C.
Soil type(s) and texture(s) of tract
D ,
wEnA #JDS
Vegetation on tract fit, r?fG^Eb ,,,d
ogmb
Man-made features now on tract 4 F7tA i L c>;?J6h 6Ar p e
57t "41L
b. City, town, community, or landmark
NAZ(ZP,', It?iAdP f.
C. County CA11.i e eF T'
d. Is proposed work within city limits or planning
jurisdiction? `(fi5
e. Name of body of water nearest project
?'u ?J c.Ti o ?.l ? F/-1!Trrv. rrU g ?Jb w' E STrne U7i-1
V;'14
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed ? Community
Rural Other
h. How is the tract zoned by local government?
n-
a. Describe all development activities you propose (for j
example, building a home, motel, marina, bulkhead,
or pier).VeoJrDr% 11 ADPtT??la?, m orc,.tI
L_I'i Ph • -7-0 c LEA?t ??t7 Y?ASi+.! f=KfST
AV_C,6'1 GNA?lI?I;LT_i?1?1fMa. ILv v tr 41LJ_4;JeJ2jqLt
12/89
How are adjacent waters classified?
Has a professional archaeological survey been
carried out for the tract? err, If so, by whom?
^a - -.
?L.?U u l?iJ I
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed rJ14-
b. Number of lots or parcels _ tJ! 4-
c. Density (Give the number of residential units and the
units per acre.) nZ f A-
d. Size of area to be graded or disturbed
' II,
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? No
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
?tsjt%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
w In r,
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Q 1'4
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
tj 1 a'
k. Describe existing treatment facilities.
tilo?IC
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). btAPFALr- kutIcfr
i?
MAY 1 8 1943
f:
..______
m. Water supply source H A2ut_25 t5E,6 wD ! Y5 i am
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
hi 1 1
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?-- J,14,
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
or (NWL)
Boat basin
Other (break-ow
water, pier, saa?
boat gyp, AeFAS
rock 'ett (L
;71JCli?l )'??iNhS
Fill placed in
wetland or below
MHW
Upland fill
areas
5' AJt. ti
1.5'-)b 3E
Z.V 06.
1 ti7' 1 bO' 1.8' Tb BF
70 1 S. a4'
'L5' ZS' _4'
5''79' S

F;- AT
?'"`
GMAAid C r'
'

LIR
A PP12
W
:XCA?.
c:J
EXCAJ.
5 ?y 1
b. Amount of material to be excavated from below
water level in cubic yards ?tSS? L,Y.
c. Type of material Aar mup
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
do
e. High ground excavation, in cubic yards
T5,0 C-Y,
f. Dimensions of spoil disposal area
Inc> IC,0 hU?
g. Location of spoil disposal area dplaCr!JY
5AC$4A-)]Ci I
h. Do you claim title to the disposal area? Yr-5
If not, attach a letter granting permission from the
owner.
L Will ardisposal area be available for future
maintenance? Yc5
If so, where? o d 5 r ; r-.,
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? `(r'h
1. Amount of fill in cubic yards 48 (9&w 4_61L_ 7 .
m. Type of fill material 59*I p J, i»uy
n. Source of fill material e- AVAT-104
o. Will fill material be placed on marsh or other
wetlands? 0 0
p. Dimensions of the wetland to be filled
M 14-
q. How will excavated or fill material be kept on site
and erosion controlled?
tilt,? fcNC.4? DuP?Nb? Gc ?7RNLTloa
[Alagefj ihfGL=
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? rnZ4hL,i0p f54ir, or, "fkKUG TfAL7b?
s. Will wetlands be crossed in transporting equipment
to project site? 00 If yes, explain steps that will
be taken to lessen environmental impacts.
rt i ?-
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap I o ff, " ±
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 months, in
feet 47 pNp r'1' AWC ? C.>` 4d,41.e b
d. Type ofbulkhcad material-fZF4+L-D WerU c E pre
e. Amount of fill, in cubic yards, to be placed below
mean high water- 46
f. Type of fill material ?;A0n A?ln ,-nub
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
,A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.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 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
5 uld be advised by the applicant of
th V ,po ndb
f fAY ?-S3
?t??i.:?u U t_ ?tJ
Name L.61--w r- R. Qe"(F
Address __!5T-,+,L i2T goX y y
?-prrPS I'? D nl C ???:51
Name -rZ'
Address Zo. t30x Llp y
?A-21c£125 tSr ar?L? t r' ? 8'S31
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Is
A check for -o
$M made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
i
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the 2- day of vsz,L, , I9 act.
X
Lan owner or Authori zed agent
1 7 loll
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities.must be included in application and work
plats.
F
1 ?vIA3 NARACTERISTICS
a. Check below the type of marina proposed.
mac! Commercial Public
Residential
b. Will the marina be open to the general public?
No
c. If there is residential development associated
with the marina, how many units or lots are
planned? t?:! &
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies Exi!?riojf
Dockage ("wet slips") only 34 0-rAL.
Number of slips 27 UPPOR1,L Abb/n1 t) '1 Sir PS)
Dry storage
Number of boats-
Boat ramp(s) exitin 1,
Other (describe)
e. Check below the proposed type of siting.
V_ Land cut and access channel - ex,%w-I6
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types). m ar-D TYPrh
g. Typical boat length Z I'
h. Maximum boat length 371'
is Are any floating buildings planned? tJo
if so, describe.
?.? 1J
I V,
NA P
a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location M l A-
b. Describe treatment type and location for all
sanitary wastewater. tJ 14,
c. Describe solid waste, fish offal, and trash
disposal. nt ?.A
d. How will overboard discharge of sewage from
boats be controlled? Mod r- Q "wrf D
e. Give the location and number of "No Sewage
Discharge" signs proposed. otJr otJ r,ac f-
Li'D: Or' ZZRhi/d
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts. rJ f ,A
g. Where will residue be disposed of? jJ lA
h. Give the number of channel markers and "No
Wake" signs proposed. -r"W0
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
4
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. J!?A5 (.4 rrA CUTC> W A?
&M? '4rjb ?A49-
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts. Ex?sTin1F? G{?An1N?L o?j
Jb 8AY
k. What will be the marina policy on overnight
and live-board dockage? IsInik, AtAtOrn
1. Is the proposed marina located near any
shellfish leases?Ot If so, give the name and
address of the leaseholder.
m. If this project is an expansion of an existing
marina, what types of services are currently
provided? PXO/rr hLinh AOD vJL•T h,r5PA(1L.
n. How many slips are now available? ^,2 ,27
5
? M

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4'X4" D-,T
Vim:
P, MAY 1 19193 i
1 111 f
O

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
. The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Carlos B. Ervin and
Donald Barnum of Carteret County, filed an application on May 18, 1993, for a permit from
the Division of Coastal Management to develop in an Area of Environmental Concern and
for certification from the Division of Environmental Management that a discharge of fill
material in project wetlands will not violate applicable water quality standards.
According to said application, the applicants are proposing to maintenance excavate a
boat basin and access channel, excavate two new boat basins and construct new piers and
bulkheads at their existing marina facility off SR1419 and Bayview Drive, on Eastmouth
Bay, at Harkers Island, Carteret County.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Charles Pigott,' Division of Coastal Management, located in the
Division of Marine Fisheries Building, Morehead City, N.C., [phone], Ext. 230
and/or the office of Rick Shiver, Division of Environmental Management, DEHNR Regional
Field Office, Wilmington, N.C., [phone].
The Division of Environmental Management proposes to take final action on this
water quality certification on or before July 21, 1993. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
July 16, 1993 for consideration in the CAMA permit decision, and to Preston Howard,
Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611,
prior to July 11, 1993 for consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered up to the time of permit
decision. Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
request.
PUBLISHED ON: Friday, June 25, 1993
$
W?JJUN 2
JUN-14-1993 16:31 FROM EHNR WILM REG OFFICE TO 8919 r3 i1ii8 r. d1
JCdLe,? oI 1VOrw caronna
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
amen $. Hunt, Governor Bob Jamieson
'onathau B. Howes, Secretary Regional Manager
FAX COVER SHEET
)ATE: (p? ? NO. OF PAGES
?0_
:AX #: 166- 3F
7EMARKS:

CO:
FAX #• c? 6 -p7a)`/
127 Cerdivai DTive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
Au Equal Oppor<unity Affirmative Action Bmployer
TOTAL P.01

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Regulatory Branch
IN REPLY REFER TO
July 6, 1993
O L5 Q Vn t
WFTI_ANOS GROUP
Action ID No. 199302874
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Mr. Carlos B. Ervin and Mr. Donald Barnum
for Department of the Army (DA) authorization and a State Water Quality
Certification to maintain a channel and basin, excavate two basins, construct
piers and construct and backfill bulkheads at commercial marina facilities on
Eastmouth/Westmouth Bays, Harkers Island, Carteret 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 authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A DA permit will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by August 30, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. e Wrig
hief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
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
7,71
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater n.
trol. If the requested information is nit lttj?6u
project, write N/A (not applicable). Ities 14 and Q?
must be completed for all projects. M _ ,
Y ,s^
1 APPLICANT
OR I T1.2ALL AJEW DaU5
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
ECW
c. Will the project be for community, private
or
a. Name cAP-L69 *5. gAg- yn4ALt7 J3geogM ,
commercial use?

Address: o . ?pox B413 Com m E 1ZCA at,.,
city AAemCes 19t_44, State ox, d . Describe the planned use of the project.

2ipa,86131 Day phone _'7Aff- 51,7+ :11QVim- MFFDr-y a
rl,r^arnr.ll.?F 25
? Landowner or Authorized agent .
b. Project name (if any) ERJI?J- 0AWVM
,
4 ` LAND AND WATER
c. If the applicant is not the landowner, also give the
' CHARACTERISTICS
owner
s name and address.
I
?.t
a
a.
Size of entire tract _ S oo' x f 3Sb'
b. Size of individual lot(s) -o v' X r 35"0
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 LOCATION OF PROPOSED 11-6' ARa& n-E&J 6t?A t,ei1> 1,
PROJECT
d. Soil type(s) and texture(s) of tract

a.
Street address or secondary road number 1 Y .nuntl rLgVrLI lg1ia?rzr?aD' Mvl ?4' r?1
Wcnh #rv5
RafJ1c?J pF- (5. Q, 1 41cl) e. Vegetation on tract _(?p . W L1 DL,,_ Ter-cs . et,4 O

b.
City, town, community, or landmark Gtt??
z ?>:S,D? Nrts
14 - -AViff_e5 17LAtJV f. Man-made features now on tract 4 F?:A1wixi6, , j?5ArP e

c.
County CAQ;j h_ eF_
g. ??'?ALL
What is the CAMA Land Use Plan Classification of
d. Is proposed work within city limits or planning the site? (Consult the local land use plan.)
jurisdiction? Yes
Conservation Transitional
e. Name of body of water nearest project Developed ? Communit

-uac.Tior.l [Tiru.?r-ru A?.1b wEyTrnecrM y
Rural Other
PAYS h. How is the tract zoned by local government?
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT i. How are adjacent waters classified?
s

a.
Describe all development activities you propose (for .4

example, building a home, motel, marina
bulkhead j. Has a professional archaeological survey been
,
,
or pier)._??E 4 mr- 7 A DDrTcAA , ,?yir)PQN carried out for the tract?
?tZ If so, by whom?

4&1P/2;Iii LLEA01 rtfT 1JASItJ ExJ!T ?-.--. -.
!a-(.[-Ci?? !?}lA?ltutl;L. • ? 1r1fM.t i,-(1 t? 1- !r d.1?ri l?,' Fc?"hn? s ? ? •
?
r
12/89 . D. U_ _J
?iL? L
n t
J
.
-
.
l
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed tJ 14-
b. Number of lots or parcels i J.4-
c. Density (Give the number of residential units and the
units per acre.) J ! k
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? No
L Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
t-k` rJE
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? 01/&
L Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
?.1 A-
k. Describe existing treatment facilities.
fJ0 ??r,
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). SUeFALx- &PIrAr-
III.
-: MAY 1 8 1993
t:
ULTMQ=) vu. U ..r_.
Lt)
---------------------
m. Water supply source HA2weIt5 15t4 tJD SYS i ae"
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
,J .1 A"
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?J
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
® or (NWL) .
Boat basin
Other (break-NE0
water, pier, ?,"?
boat ramp, aeFAs
rocket C
J ty) Ker u1u: PC
cKi
r hoUlAl pi4,Ngt
Fill placed in
wetland or below
MHW
Upland fill
areas
` 1 klt. N
C) 6e" -if- J
Z e 06.
r z'7' too' 1.V ro of
'104 ZS' -44
Z5, ZS' -4-
9,70F- 6 5t
4

F-Pip OP hi

'n??'ii .•Hi:
Jo l err. •:????,?.:.::::.

iJ
xu?.
e:d
EXGVV
/?
b. Amount of material to be excavated from below
water level in cubic yards 44SS-* c-, Y.
c. Typeofmaterial ji r> Aa5 mua
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
1110
e. High ground excavation, in cubic yards
X5,0 G-Y.
f. Dimensions of spoil disposal area
Iem lvo '70 r7
g. Location of spoil disposal area AnTAcull -M
Gr r e.l e?1104
h. Do you claim title to the disposal area? Ya5
If not, attach a letter granting permission from the
owner.
i. Will adisposal area be available for future
/
maintenance? Y[5
If so, where? n rJ 6 r ; >;
j. Does the disposal area include any marshland,
swamps, or water areas?
rJo
k. Will the fill material be placed below mean high
water? Y-5 .,?
1. Amount of fill in cubic yards ? 0 --??-
m. Type of fill material 59?? J- Muq
n. Source of fill material extA%/4Tivd
o. Will fill material be placed on marsh or other
wetlands? 140
p. Dimensions of the wetland to be filled
1414-
q. How will excavated or fill material be kept on site
and erosion controlled?
411.-7 F[pftf- pule)06 C0n112Teur-noel
CA1z T µEP1 ywz
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?J?ROw0r, ?24iC kG -rtzAuG.TRACME
s. Will wetlands be crossed in transporting equipment
to project site? 00 If yes, explain steps that will
be taken to lessen environmental impacts.
rJ i e-
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap r cz;''
b. Average distance waterward of mean high water or
normal water level a'- z'
c. Shoreline erosion during preceding 12 months, in
feel IT' d7 Fop rE Ata !? C.NAaI^lG• L
d. Type of bulkhead material 'f >yEAirb WerP of p?c
e. Amount of fill, in cubic yards, to be placed below
mean high water _ CF6
f. Type of rill material j?Aob A+fp mub
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to cant' out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule W.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 arc acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A.list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
tuld be advised by the applicant of
i !
that's rillb i
Ft A.
Name t?651,)G R, Qe?
.Address ?rAr? ?- u,,,Y , y y
P s f'?t.?w1D ?l r ? p,?,?S I
Name
Address V.o. gok 8
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
Permittee, and issuing dates.
A check for$Mmade payable to the De a
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanf7ont
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to io).
.y
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the 3 day of APR-it" I9g3 .
X
Landoumer or Authorized agent
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities.must be included in application and work
plats.
1 MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
_V Commercial Public
Residential
b. Will the marina be open to the general public?
No
c. If there is residential development associated
with the marina, how many units or lots are
planned? #,J 14:
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies F-xt5Tiot?
_ V Dockage ("wet slips") only :34 To-M,
Number of slips Z7 f i i??r ADD/46 2 51-iPh)
Dry storage
Number of boats- _
I Boat ramp(s) .gx,7TNh
Other (describe)
e. Check below the proposed type of siting.
t Land cut and access channel -Ckll?TlfJ6
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types). rv„xeD TyPGh
g. Typical boat length ti i
h. Maximum boat length 32'
i. Are any floating buildings planned? t4o
If so, describe.

a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilets for patrons
Number
Location
Showers
Boat holding tank pumpout
Type and location n1
b. Describe treatment type and location for all
sanitary wastewater. i.r 1 .6
c. Describe solid waste, fish offal, and trash
disposal. N 1A
d . How will overboard discharge of sewage from
boats be controlled? MCA- Amtdr-,12
e. Give the location and number of "No Sewage
Discharge" signs proposed. otAr atJ L-&
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts. nl I ,A
g. Where will residue be disposed of? )J )k
h. Give the number of channel markers and "No
Wake" signs proposed. -rWo
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. 6A5 wart cuTo(-f AT
:Nmp 4aJD AL4-
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts. Ex?STinl G11A4NC1. oFaJ
Tb BAy -
k. What will be the marina policy on overnight
and live-board dockage? nOC- A LA evJ W
1. Is the proposed marina located near any
shellfish leases? On If so, give the name and
address of the leaseholder.
m. If this project is an expansion of an existing
marina, what types of services are currently
provided? FoAr hUE? AOD WCT Srrop if-,
rInEt, PhCL
n. How many slips are now available? .22
r.

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MEMORANDUM:
TO: JOHN PARKER
FROM: CHARLES O. PIGOTT
SUBJECT: COMMENTS & RECOMMENDATIONS MAJOR PERMIT APPLICATION
CARLOS B. ERVIN & DONALD BARNUM, CARTERET COUNTY
DATE: June 10, 1993
I would have no objections to the proposed project, however, I would offer the following
comments:
1. The temporary placement or double-handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
2. Prior to occupancy of any new slips authorized under this permit, a marina pumpout
sewage disposal facility will be installed and operable, and, maintained for the life of
the marina.
3. No sewage, whether treated or untreated, shall be discharged at any time from boats
using the marina. Any sewage discharge at the marina shall be considered a violation
of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
4. This permit authorizes only the docks, piers, and other structures and uses located in
or over the water that are expressly and specifically set forth in the permit
application. No other structures, whether floating or stationary, may become a
permanent part of this marina without permit modification. No non-water dependent
uses of structures may be conducted on, in, or over public trust waters without permit
modification.
5. 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.
NOTE: The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The permittee is not
relieved of this requirement if he abandons the project without having the permit
transferred to a third-party.

June 10, 1993 rjECEIVED
Page #2
JIM
GiiIK, (11)n 'e-mm i
NOTE: The permittee and/or his contractor is urged to meet with the Division of
Coastal Management and U.S. Army Corps of Engineers prior to project initiation.
NOTE: Future development on the permittee's property may require a modification
of this permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
COP/dh
cc: Charles S. Jones R
Cliff Winefordner, COE
.0 -1.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 6, 1993
Regulatory Branch
Action ID No. 199302874
Mr. Carlos B. Ervin
and Mr. Donald Barnum
Post Office Box 313
Harkers Island, North Carolina 28531
Dear Messrs. Ervin and Barnum:
i r?
y ,1'vUi?
f ECTIt'Af
Reference your application for Department of the Army (DA) authorization
to maintain a channel and basin, excavate two basins, construct piers and
construct and backfill bulkheads at commercial marina facilities on
Eastmouth/Westmouth Bays, Harkers Island, ret'County,"`North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA)-establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we -
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is-necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
.r • . Y.

-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by August 2, 1993. Also, a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Scott
McLendon, Wilmington Field Office, Regulatory Branch, telephone (919)
251-4725.
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental-Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.-
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
_ NJohn Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
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

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS D
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
July 6, 1993
Regulatory Branch
Action ID No. 199302874
Mr. Carlos B. Ervin
and Mr. Donald Barnum
Post Office Box 313
Harkers Island, North Carolina 28531
Dear Messrs. Ervin and Barnum:
Al'ffi GROUP <
IIAI ITY SECTION
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received June 14, 1993, for Department of the
Army authorization to maintain a channel and basin, excavate two basins,
construct piers and construct and backfill bulkheads at commercial marina
facilities on_Eastmouth/Westmouth Bays, Harkers Island, , 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 informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit. and you may commence your activity. 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 Action ID No. 199302874
and will be coordinated by Mr. Scott McLendon in our Wilmington Field Office.
He is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
x John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish-and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia .30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 12, 1993
Regulatory Branch
Action ID. 199302874 and State Permit No. 89-93
Mr. Carlos B. Ervin
and Mr. Donald Barnum
Post Office Box 313
Harkers Island, North Carolina 28531
Dear Messrs. Ervin and Barnum:
AUG Z 3 Iwo
Reference your application for a Department of the Army permit to maintain
a channel and basin, excavate two basins, construct piers and construct and
backfill bulkheads at commerical marina facilities on Eastmouth/Westmouth
Bays, Harkers Island, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-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
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 Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone (919)- 251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
? v
-2-
Copies Furnished with enclosure:
NOAA, NOS, Coast and Geodetic Survey
Mapping and Charting Branch
Source Data unit, N/CG2211, Station 7350
1315 East-West Highway
Silver Spring, MD 20910-3233
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 23, 1993
IN Htl'LY HthtH I V
Regulatory Branch
Action ID No. 199302874
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:

Reference the application of Mr. Carlos B. Ervin and Mr. Donald Barnum for
a Department of the Army permit to maintain a channel and basin, excavate two
basins, construct piers and construct and backfill bulkheads at commercial
.marina facilities on Eastmouth/Westmouth Bays, Harkers Island, Carteret
County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The bulkheads will be positioned in strict accordance with permit
plans. To prevent an unintentional violation of this permit, representatives
of the North Carolina Division of Coastal Management and.the U.S. Army Corps
of Engineers will be available to stake the alignments prior to construction.
c. 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.
d. All excavated materials will be confined landward of the permitted
bulkheads, the mean high water (MHW) elevation contour or any regularly or
irregularly flooded vegetated wetlands.
e. Excavation will not exceed four (4) below the elevation of mean low
water (MLW).
f. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.

-2-
g. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
h. If the display of lights and signals on the authorized structure is
not otherwise provided for by law, such lights and signals as may be
prescribed by the U.S. Coast Guard will be installed and maintained by and at
the expense of the permittee.
i. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
j. 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 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr/John Dorne
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health,, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency -Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
N.C. Division of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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