19960226 Ver 1_COMPLETE FILE_19960311

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
March 13, 1996
Regulatory Branch
Action ID No. 199501535
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
RE
M CFiVFo
F^'?'IR49
? d 19y6
FN ?S
Dear Mr. Dorney:
Enclosed is the application of Robert L. Moore for Department of the
Army authorization and a State Water Quality Certification to place fill
material in approximately 0.5 acre of vegetated wetland and nonvegetated
shallow water bottom in the Straits, for the development of the Harkers Point
subdivision, off S.R. 1335, in 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 Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by May 13, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
c?l
Je frey H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copy 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
Printed on IS Recycled Paper
r
t?..
1. APPLICANT'S NAME: Harkers Point (HTB Associates, L.L.C.)
2. LOCATION OF PROJECT SITE: adjacent to SR 1335, Brooks Creek and the Straits in the
community of Harkers Island, Carteret County
Photo Index - 1989: 155-1, P-7 1984: 38-1215, V-17
State Plane Coordinates - X: 2725900 Y: 359500
3. II mnGATION TYPE: CAMA/D&F
w....? 4
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2-8-96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 2-20-96
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transitional and Conservation
(B) AEC(s) Involved: EW, CW & ES
(C) Water Dependent: Yes and No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -
Planned - 60,000 gpd wastewater treatment system
(F) Type of Structures: Existing -
Planned - Future residential development w/associated piers
(G) Estimated Annual Rate of Erosion: 0' to moderate
Source - personnel observation
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands f 880 ft.2
Spartina alterniflora
(B) Non-Vegetated Wetlands t 21000 ft.2
ex.boat basin bottom
(C) Other f 5 ac.
High ground (land disturbed)
(D) Total Area Disturbed: t 5.5 ac.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to develop a 28 lot subdivision at a site adjacent to
SR 1335, Brooks Creek and the Straits in the community of Harkers Island.

FIELD INVESTIGATION REPORT:
Harkers Point
PAGE #2
---------------------------
IVE D RIPTI N• The applicants property is a ± 60 acre tract of land
9• NARr'AT ESC O -• located on the northwestern end of Hackers island anub eCt of histpermit application side of SR 13
immediately south of the Hackers Island Bridge. Th ro osed to be developed into a
is a t 28 acre portion of this tract which is p p wag disposal. The
subdivision and a 1.5 acre site which is to be used and on thee sou h by Brooks
subdivision tract is bordered on the north by the Strait
Creek, which is also the entrance channel going into the County's H ground Refugee p rte
of the high co
and abuts the Harbor on the southeast side. The min majority
pries. A dirt drive nsists of woodlands with pine and oak as the domine1t?e owner located to he west of
the property and provides access to the adjoining prop
the project site. A varying border of coastal and 404 wetlands exists alonbea h
shoreline. On the northeast side (fronting the remaining shore0linelshows signs of
area exists along a portion of the shoreline. The
havin developed. The beach area has
the locals in Hackers Island and
slight to moderate erosion with o ular10wim beach for
been used for many yews asap p
along omits lnorthwest ow water
the surrounding communities. A ± 150' wide x ± 140' long to -
(MLW) basin was excavated into the interior o t Pro revious land owner requested The property line around the late Cl n ct the bas n Onto t e waters of the Straits. A permit
a.Dredge and Fill permit to n
was issued but it is unclear whether it authorized the coentrance nnection hestablishedc fromg
water the
wash or is
historic photography, there was, however, a
in to the Straits. Today, the bulkhead around he basin h the basin haws ogled mouth of deteriorated to the point of being non-functional.
bas
in to the point where there is only a small trickle of water flow coastal Wetia the basin into border o the Straits during low tide condo a has olunteeoed along he southern shoreline of the
ust
primarily with spartina altern fl
west in and a ± 10' wide border of spartina alterniflora existlocated along the
he mouth of the
bas
of the basin entrance. Scattered clumps of oysters are also
basin. Numerous amounts of building and other debris have been deposited along the
shoreline of the basin throughout the years. potential as well archaeolo The site has been identified in the past as area with
The Harkergsl Point Cemetery has
earl residents
as having an old cemetery existing on the property.
not been maintained in recent years and contains d han garcheological research firm and a
of Hackers Island. In 1995, the applicant
additional unmarked graves outside of
"Phase II study" was performed to identify any prehistoric or historical
the
the cemetery proper and to examine the site for any P
archaeological sites with significant remains that might be eligible theo s nomination
have t
ano
Nnal Register of Historic Places. The results
National been
has been provided to the Division
summarized in a report to the applicant and a copy
,,- ,,;,,,c;,,,, of ArrhivPC and History. Anyone wishing to
a . .
HARKERS POINT, CARTERET COUNTY
PAGE #3
PROTECT DESCRIPTION: The applicant is proposing to subdivide the 28 acres into
a 28 lot subdivision with the typical lot size being f '/z acre in size. Access to the
lots will be provided by two paved private roads which will have direct access to the
Harkers Island Road (SR 1335). A 60,000 gallon per day tertiary treatment plant with
associated subsurface disposal fields is proposed on a ± 1.5 acre site ± 2,000' south
of the subdivision site. This wastewater facility will not only service this development
but will be available for the future development of the remainder of the property. The
wastewater will be transported to the disposal site by the use of individual pump tanks
with a force main being installed within the right of way of SR 1335. The 4" PVC
force main will buried ± 3' below the existing grade of the roadbed and within the
Estuarine Shoreline Area of Environmental Concern (AEC) along an area adjacent to
the County's Harbor of Refuge. Early into the development of this project, the
applicant consulted with state and federal review agencies concerning the possibilities
of re-establishing the marina basin and providing an access channel into the Straits.
Because of the presence of submerged aquatic vegetation in the access channel
alignment, the applicant abandoned that concept and is now requesting a permit to fill
in the basin to the elevation of adjoining uplands. The shoreline of the Straits
immediately adjacent to the fill area would be bulkhead at the mean high water line and
landward of coastal wetlands. The deteriorated breakwater/bulkhead along the Straits
shoreline would also be removed. The basin filling would result in the loss of f 880
ft.2 of spartina alterniflora marsh and ± 2,100 ft.2 of shallow to deep bottom areas
within the basin itself. The development of the subdivision will require the grading of
± 3.4 acres in association with the streets and it's right of way. The construction of
homesites will be left up to the individual purchaser with the low density stormwater
requirements (under Environmental Management Commission rules) limiting the built
upon area for each lot to 30%. Grassed swales are to be located between lots 14 and
15 and lots 4 and 5. These swales will provide drainage relief from the proposed road
system with the terminal ends being located near the shoreline of the Straits. In
addition to the 28 lots, the applicant is proposing to dedicate ± 5.4 acres as a
"Common Area", f .97 acres as a cemetery site and a ± .9 acre site for beach
access. The proposed beach access site would be dedicated to Carteret County if they
are willing to accept and maintain the area. A portion of the beach access site appears
to be part of the causeway which was created in the construction of the Harkers Island
Bridge. For the most part this causeway area is unsuitable for beach access because of
the presence of riprap and coastal wetland vegetation. The remaining beach access site
is a sandy beach area. It can also be anticipated that many of the future lot owners
will want to construct piers into the Straits and within the Brooks Creek and the access
channel leading into the County's Harbor of Refugee. The applicant has positioned the
pier alignment on lot 3 to the western property line so that the majority of the beach
area on that lot and to the east will be free from obstacles.
46
FIELD INVESTIGATION REPORT:
BARKERS POINT, CARTERET COUNTY
PAGE #4
10. ANTICIPATED IMPACTS: The project as proposed will result in the development of
a 28 acre tract of land into a 28 lot subdivision with associated Common Area.
Wetland impacts will be limited to f 880 ft.2 of primarily spartina alterniflora which
exist within the human made boat basin and t 21,000 ft.z of estuarine bottom area.
The filling would also require approx 1,500 yds3 of upland fill being placed below the
mean high water line of the basin. While there will be a loss of estuarine bottom,
potential negative water quality impacts from the existing basin would be eliminated.
The scattered amount of oysters at the entrance channel could be easily relocated
outside the fill area and into the open waters of the Straits. Approximately 3.4 acres
will be disturbed in associated with the installation of the road system for the
development. Sewage will be pumped off site to a ± 1.5 acre tract of land located
south of the project site. The applicant has indicated that the approval for this
wastewater treatment plant has not received approval from the Division of Health
Services. Potable water will be supplied by individual wells. The applicant has
designed the development to comply with the low density stormwater rules with no
more than 30% of the individual lots being built upon. Two drainage swales are
proposed and will provide drainage from the road towards the Straits. As a result of
the archaeological findings, a Phase III evaluation is scheduled for the summer of 1996
on lots 6, 7, 8, and 9. The applicant has indicated that no development would occur
on these lots until after the study is completed. It can be anticipated that some of the
future lot owners will build piers extending into the navigable waters of the Straits and
Brooks Creek. The specific location of the Se piers
will be bconsftructedoadthe jacendi? d?h
property owners except for lot 3 where pier
western property line. It is not he cw ters of that any closure of Brooks Creek are already shellfishing waters
As
would occur within the Straits and t
a result of the interest shown by the locals, the applicant is setting aside ± .97 acres
for the Harker's Point Cemetery. They have acknowledged that while the proposed
road and development will be private, access to the cemetery by the public will not be
prohibited. An approx. .9 acre beach access site is proposed to be given to Carteret
County. A portion of this area would appear to be within the causeway area created
when the Harkers Island Bridge was constructed. A significant portion of this
causeway area is unsuitable for beach access because of previous riprap placement an
the existence of wetland vegetation. The remaining beach access area is primarily a
sand beach which is separated from the adjacent high ground by a 404 wetland area.
As mentioned before, this area has historically been used as a popular beach site for
many of the Down East communities and is intensively used during the summer. The
construction of future piers along the shoreline will prohibit the use of off-road
vehicles from using the beach and will impeded pedestrian access to some degree
beyond the dedicated beach access site.
41- . ,
J. JL.AL Z JM-J t/ A. .i M. i v i i l
(To be completed by all applicants)
b. City, town, community or landmark
Harkers Island
1. APPLICANT
a. Landowner:
4 1. .
Name R.L. Moore
c/o Harris & Associates
Address 2105 West Nash Street
City
Wilson State N. C.
Zip 27858 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name HTB Associates. L.L.C.
c/o Harris & Associates
Address 2105 West Nash Street
City Wilson State N. C.

Zip 27858 Day Phone [phone]
Fax [phone]
c. Project name (if any) Harkers Point
N07E.• Permit %Q be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT.
c. Street address or secondary road number
NCSR 1335
d. Is proposed work within city limits or planning
jurisdiction? ' x Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Straits
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
28 lot subdivision (single family),
Fill old marina.
Construct bulkhead-
Sewer force main installation.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New.
c. Will the project be for public, private or commercial
use? Private use.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. To construct 28 lot single
familv subdivision. Equipment will
include conventional earth moving
equipment, bulldozer, backhoe, dump
trucks, etc.
I . .l.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _ 27.96 acres
b. Size of individual lot(s) 20, 000 sf and larger.
c. Approximate elevation Pf tract above MHW or
NWL _ 5 MHW
d. Soil type(s) and texture(s) of tract
Sandy.
e. Vegetation on tract Wooded/oak and pine
are predominate spec es.
f. Man-made features now on tract Old marina.
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation X
Transitional(Ci?irMl
Developed Community //
Rural -?-- Other
h. How is the tract zoned by local government?
Unzoned.
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Aaach Zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? X Yes No
If yes, by whom? Archaeological Research
Consultants, Inc. (Thomas Hargrove)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other X_
If yes, has a delineation been conducted? Yes.
(Attach documentation, ifavaaaht,)
m. Describe existing wastewater treatment facilities.
-Offsite sewage disposal system presentl
being reviewed by On-Site Sewage-Branch
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface runof
through swales in alow-density develop-
ment.
o. Describe existing drinking water supply source.
Individual wells proposed No community
source available.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 an
adequate number of 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 miser hP ?,. :-- -
• 1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that 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
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
Name Carteret County I certify that I am authorized to grant, and do in fact,
Address Courthouse Sq., Beaufort NC 28516 grant permission to representatives of state and federal
Phone [phone] review agencies to enter on the aforementioned lands in
Name J. L. Maxwell, Jr.
Address 711 Lakeshore Dr., Goldsboro NC
Phone [phone]
Name Holly Hamilton Briggs
Address 909 Evans St., Morehead City NC
Phone [phone]
SEE AjYwcr+rntIU( FOZ NCD01-
19 A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting comnliance with thr. North f irni;"n
connection with evaluating information related to this
permit application and follow-up monitoring of the
27534project. -`?
I further certify that the information provided in this
28557 application is truthful to the best of my knowledge.
This is the 12th day of Feb. 19 96 .
Print Name ,,Clyde Harris
Signature
Landowner or A rized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
[ftJ
J 1 .
OTT
. +?
EAk."A v H I iviv
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or othet,wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes - No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Average Final
Existing TrOJect
imnoth Width _ . Depth Depth
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
of I
d. Maximum distance waterward of MHW or NWL
4'
e. Shoreline erosion during preceding 12 months
Unknown.
(Source of information)
f. Type of bulkhead or riprap material
Wooden bulkhead. -••-y-
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material Sand.
Source of fill material Unknown to be
purchased from properly licensed
borrow pit.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No ,
(1) Amount of material to be placed in the
water 150 x 150 x 6' AVG - 5.000 CY
(2) Dimensions of fill area 150 x 150
(3) Purpose of fill Fill old upland marina
basin.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 150 x 5 (alone
south side of basin).
(2) Purpose of fill Reclaim old inland
marina.
5. GENERAL.
a. How will excavated or fill material be kept on site
and erosion controlled? Property constructed
bulkhead and seedine.
b. What type of construction equipment will be used
(for example, dragline, backhoe, 'or hydraulic
dredge)?
Backhoe, trackhoe, dozer, dump trucks.
c. Will wetlands be crassed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
I taro.
UPLAND
DEVELOPMENT
F12 3 2 0
IW? YYVY 0 \ •0\N\N\t?N?
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of* buildings, facilities, units or
structures proposed 28 single family lots.
b. Number of lots or parcels 28 '
c. Density (give the number of residential units and the
units per acre) 28 units- [I unit/acre.
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 5 acre maximum.
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? X Yes No
If yes, date submitted Concurrently with CAMA
2/16/96 scheduled submittal.
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Marl and asphalt.
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
h. Projects that require a CAMA Major Development
Permit may alsg.,require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
X Yes No
If yes, date submitted Concurrently with LAMA
2/16/96 scheduled submittal.
i. Describe proposed method of sewage disposal.
Offsite wastewater treatment plant.
j. Have the facilities described in Item i. above
received state or local approval? In review by
(Attach appropriate documentation) on-Site Sewage Bra
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Surface runoff.
Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Individual wells.
m. Will water be impounded?
If yes, how many acres? -
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
Clyde Harris
Appli nt Projgct N ne 47r
Yes X No

Harker's Point Major CAMA Permit ^u u L_=w''
i,ys w"%%1s&w.ssseAsib"S"fm
HTB Associates, L.L.C. proposes to develop a 27.96 acre parcel of land on the northwestern
end of Harkers Island. The proposed Harker's Point single family subdivision will consist of 28 lots.
All lots will be either waterfront or water view and will allow for a large common area protecting the
integrity of the property leading to the Harker's Point Cemetery and the Maxwell property to the west.
The project has additional property to the south which has not had its development planned
with the exception of a 60,000 gpd tertiary treatment plant with associated subsurface disposal fields.
This system is currently being reviewed by the On-Site Sewage Branch.
During the planning process leading to the Major CAMA Permit submittal, several issues came
to light and were addressed as follows:
Harker's Point Cemetery
Harker's Point Cemetery has been an unmaintained cemetery containing the grave sites of
many early residents of Harker's Island. Following site evaluations by Mr. John Clauser of the N.C.
Department of Archives and History, many of the previously documented sites were located and the
proposed boundary of the cemetery was established.
Local citizens have indicated their desire to form the Harkers Point Preservation Committee to
manage and maintain the historical significance and heritage of this island cemetery. The developer
has encouraged and has appreciated the assistance provided by the island residents. While the
proposed new roadway construction is to be private, access to the cemetery is a right conceded to the
public. The developer will continue to work with the preservation group to restore the cemetery site.
Archaeological Findi_nos
Following the disclosure of a study conducted by Thomas Loftfield in 1969 which found
artifacts along the north shoreline of this tract, Mr. Thomas Hargrove of Archaeological Research
Consultants,Inc. was retained to conduct an assessment of the tract His report is attached. Phase III
archaeological evaluations are scheduled for this summer on Lots 6, 7, 8, and 9.
Filling the Previously Constructed Inland Marina
The original plan for this development included interior lots, which were required by local
ordinance to have adequate water access. The site has an inland basin marina which, through lack of
maintenance, has had its access channel silt-in and the bulkhead has deteriorated. Early discussions
with state and federal personnel indicated that with the presence of SAV in the channel alignment,
permitting would be difficult to re-dredge to the facility.
Since it is not likely that the inland basin would be permitted to be reconstructed, it is
desirable to fill the basin and associated wetlands that were created at the boat ramp and re-establish
the site to its original grade.
blic Use of the Beach
Prescriptive use of the beach at the north end of the tract has been a consideration of our
design. Lots 1 and 2 are to be water view without riparian rights to construct piers. Lot 3 will be
restricted to pier construction along the western property line.
The resultine nronertv of 1.00 acres is to he donated to Carteret C'nimty and ncPd fns a mihtir
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PROPOSED DEDICATION OF 1.00 AC °-3.38
OF LAND TO CARTERET COUNTY.
LOTS 1& 2 RESERVES, THE RIGHT
TO CONSTRUCT ELEVATED WALK--3.3'
WAYS OVER THE WETLANDS TO
THE BEACH AREA IN ACCORDANCE •-3.22
WITH APPLICABLE REGULATIONS.
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SETBACK TO ALLOW THE CONSTRUCTION •-2.54
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PUBLIC BEACH ACCESS AREA
""r*'•'•"••moo* •"`s""~ CAMA PERMIT APPL I CAT l ON P
PROJECT M: PM707
SHEET " 6 OF 7
LANS
]H[AIRKIERS POINT
HARKERS ISLAND. CARTERET COUNTY, NORTH CAROLINA
`,,,111111111///,
CAqOCLIENT: CLYDE HARRIS DESIGNED:
RDC
?` OQ •••••••?••`? .?y 2105 W. NASH STREET
•F?SS/?• ADDRESS
.•'Q.? y?• WILSON. N. C. 27858 DRAWN:
a SEAL.
13343 PHONE: [phone] DJV
% APPROVED:
•? STROUD ENGINEERING P.A. RDC
?r •9? ••••.•••• ?Q`r?? HESTRON PLAZA ONE SUITE 102 DATE:
%%% M 1 ) EAD4 9TY, N C. 28557 2/20/96
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Harkers Point (HTB Associates, L.L.C.) -
2. LOCATION OF PROJECT SITE: adjacent to SR 1335, Brooks Creek and the Straits in the
community of Harkers Island, Carteret County
Photo Index - 1989: 155-11 P-7 1984: 38-1215, V-17
State Plane Coordinates - X: 2725900 Y: 359500 RECEIVED
3. INVESTIGATION TYPE: CAMA/D&F MAR 1 11996
ENVIRONMENTAL SCIENCES
.ern
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2-8-96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 2-20-96
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Limited Transitional and Conservation
(B) AEC(s) Involved: EW, CW & ES
(C) Water Dependent: Yes and No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -
Planned - 60,000 gpd wastewater treatment system
(F) Type of Structures: Existing -
Planned - Future residential development w/associated piers
(G) Estimated Annual Rate of Erosion: 0' to moderate
Source - personnel observation
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands ± 880 ft.2
Spartina alterniflora
(B) Non-Vegetated Wetlands ± 21000 ft.2
ex.boat basin bottom
(C) Other ± 5 ac.
High ground (land disturbed)
(D) Total Area Disturbed: f 5.5 ac.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to develop a 28 lot subdivision at a site adjacent to
SR 1335, Brooks Creek and the Straits in the community of Harkers Island.
FIELD INVESTIGATION REPORT:
Harkers Point
PAGE #2
9. NARRATIVE DESCRIPTION: The applicants property is a ± 60 acre tract of land
located on the northwestern end of Harkers Island and on the west side of SR 1335
immediately south of the Harkers Island Bridge. The subject of this permit application
is a f 28 acre portion of this tract which is proposed to be developed into a
subdivision and a 1.5 acre site which is to be used for sewage disposal. The
subdivision tract is bordered on the north by the Straits and on the south by Brooks
Creek, which is also the entrance channel going into the County's Harbor of Refugee
and abuts the Harbor on the southeast side. The majority of the high ground property
consists of woodlands with pine and oak as the dominate species. A dirt drive bisects
the property and provides access to the adjoining property owner located to the west of
the project site. A varying border of coastal and 404 wetlands exists along the
shoreline. On the northeast side (fronting the Straits) a ± 5 to 50' wide sandy beach
area exists along a portion of the shoreline. The remaining shoreline shows signs of
slight to moderate erosion with an erosion scarp having developed. The beach area has
been used for many years as a popular swim beach for the locals in Harkers Island and
the surrounding communities. A ± 150' wide x ± 140' long to -9' mean low water
(MLV) basin was excavated into the interior of the property along its northwest
property line around the late 1960's to early 70's. The previous land owner requested
a Dredge and Fill permit to connect the basin into the waters of the Straits. A permit
was issued but it is unclear whether it authorized the entrance channel. According to
historic photography, there was, however, a water connection established from the
basin to the Straits. Today, the bulkhead around the basin has washed away or is
deteriorated to the point of being non-functional. The mouth of the basin has shoaled
in to the point where there is only a small trickle of water flowing out of the basin into
the Straits during low tide conditions. A 6' to 20' border of coastal wetlands vegetated
primarily with spartina alterniflora has volunteered along the southern shoreline of the
basin and a ± 10' wide border of spartina alterniflora exist along the Straits just west
of the basin entrance. Scattered clumps of oysters are also located at the mouth of the
basin. Numerous amounts of building and other debris have been deposited along the
shoreline of the basin throughout the years.
The site has been identified in the past as an area with archaeological potential as well
as having an old cemetery existing on the property. The Harkers Point Cemetery has
not been maintained in recent years and contains the grave sites of many early residents
of Harkers Island. In 1995, the applicant hired an archeological research firm and a
"Phase II study" was performed to identify any additional unmarked graves outside of
the cemetery proper and to examine the site for any prehistoric or historical
archaeological sites with significant remains that might be eligible for nomination to the
National Register of Historic Places. The results of the survey have been
summarized in a report to the applicant and a copy has been provided to the Division
of Coastal Management and the Division of Archives and History. Anyone wishing to
review the document should contact the Division of Coastal Management's Morehead
City office.
FIELD INVESTIGATION REPORT:
HARKERS POINT, CARTERET COUNTY
PAGE #3
PROTECT DESCRIPTION: The applicant is proposing to subdivide the 28 acres into
a 28 lot subdivision with the typical lot size being f 1/2 acre in size. Access to the
lots will be provided by two paved private roads which will have direct access to the
Harkers Island Road (SR 1335). A 60,000 gallon per day tertiary treatment plant with
associated subsurface disposal fields is proposed on a ± 1.5 acre site f 2,000' south
of the subdivision site. This wastewater facility will not only service this development
but will be available for the future development of the remainder of the property. The
wastewater will be transported to the disposal site by the use of individual pump tanks
with a force main being installed within the right of way of SR 1335. The 4" PVC
force main will buried ± 3' below the existing grade of the roadbed and within the
Estuarine Shoreline Area of Environmental Concern (AEC) along an area adjacent to
the County's Harbor of Refuge. Early into the development of this project, the
applicant consulted with state and federal review agencies concerning the possibilities
of re-establishing the marina basin and providing an access channel into the Straits.
Because of the presence of submerged aquatic vegetation in the access channel
alignment, the applicant abandoned that concept and is now requesting a permit to fill
in the basin to the elevation of adjoining uplands. The shoreline of the Straits
immediately adjacent to the fill area would be bulkhead at the mean high water line and
landward of coastal wetlands. The deteriorated breakwater/bulkhead along the Straits
shoreline would also be removed. The basin filling would result in the loss of ± 880
ft.2 of spartina alterniflora marsh and ± 2,100 ft.2 of shallow to deep bottom areas
within the basin itself. The development of the subdivision will require the grading of
± 3.4 acres in association with the streets and it's right of way. The construction of
homesites will be left up to the individual purchaser with the low density stormwater
requirements (under Environmental Management Commission rules) limiting the built
upon area for each lot to 30%. Grassed swales are to be located between lots 14 and
15 and lots 4 and 5. These swales will provide drainage relief from the proposed road
system with the terminal ends being located near the shoreline of the Straits. In
addition to the 28 lots, the applicant is proposing to dedicate ± 5.4 acres as a
"Common Area", f .97 acres as a cemetery site and a ± .9 acre site for beach
access. The proposed beach access site would be dedicated to Carteret County if they
are willing to accept and maintain the area. A portion of the beach access site appears
to be part of the causeway which was created in the construction of the Harkers Island
Bridge. For the most part this causeway area is unsuitable for beach access because of
the presence of riprap and coastal wetland vegetation. The remaining beach access site
is a sandy beach area. It can also be anticipated that many of the future lot owners
will want to construct piers into the Straits and within the Brooks Creek and the access
channel leading into the County's Harbor of Refugee. The applicant has positioned the
pier alignment on lot 3 to the western property line so that the majority of the beach
area on that lot and to the east will be free from obstacles.
FIELD INVESTIGATION REPORT:
HARKERS POINT, CARTERET COUNTY
PAGE #4
10. ANTICIPATED IMPACTS: The project as proposed will result in the development of
a 28 acre tract of land into a 28 lot subdivision with associated Common Area.
Wetland impacts will be limited to ± 880 ft.z of primarily spartina alterniflora which
exist within the human made boat basin and ± 21,000 ft.z of estuarine bottom area.
The filling would also require approx 1,500 yds3 of upland fill being placed below the
mean high water line of the basin. While there will be a loss of estuarine bottom,
potential negative water quality impacts from the existing basin would be eliminated.
The scattered amount of oysters at the entrance channel could be easily relocated
outside the fill area and into the open waters of the Straits. Approximately 3.4 acres
will be disturbed in associated with the installation of the road system for the
development. Sewage will be pumped off site to a ± 1.5 acre tract of land located
south of the project site. The applicant has indicated that the approval for this
wastewater treatment plant has not received approval from the Division of Health
Services. Potable water will be supplied by individual wells. The applicant has
designed the development to comply with the low density stormwater rules with no
more than 30% of the individual lots being built upon. Two drainage swales are
proposed and will provide drainage from the road towards the Straits. As a result of
the archaeological findings, a Phase III evaluation is scheduled for the summer of 1996
on lots 6, 7, 8, and 9. The applicant has indicated that no development would occur
on these lots until after the study is completed. It can be anticipated that some of the
future lot owners will build piers extending into the navigable waters of the Straits and
Brooks Creek. The specific location of these piers will be left up to the individual
property owners except for lot 3 where the pier will be constructed adjacent to the
western property line. It is not anticipated that any closure of shellfishing waters
would occur within the Straits and the waters of Brooks Creek are already closed. As
a result of the interest shown by the locals, the applicant is setting aside ± .97 acres
for the Harker's Point Cemetery. They have acknowledged that while the proposed
road and development will be private, access to the cemetery by the public will not be
prohibited. An approx. .9 acre beach access site is proposed to be given to Carteret
County. A portion of this area would appear to be within the causeway area created
when the Harkers Island Bridge was constructed. A significant portion of this
causeway area is unsuitable for beach access because of previous riprap placement and
the existence of wetland vegetation. The remaining beach access area is primarily a
sand beach which is separated from the adjacent high ground by a 404 wetland area.
As mentioned before, this area has historically been used as a popular beach site for
many of the Down East communities and is intensively used during the summer. The
construction of future piers along the shoreline will prohibit the use of off-road
vehicles from using the beach and will impeded pedestrian access to some degree
beyond the dedicated beach access site.
PREPARED BY: Charles Jones
DATE: February 29, 1996
Form DCM-MP-1
APPLICATIO
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name R.L. Moore
c/o Harris & Associates
Address 2105 West Nash Street
City Wilson State N. C.
b. City, town, community or landmark
Harkers Island
c. Street address or secondary road number
NCSR 1335
d. Is proposed work within city limits or planning
jurisdiction? 1 X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Straits
Zip 27858 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name_ HTB Associates, L.L.C.
c/o Harris & Associates
Address 2105 West Nash Street
City Wilson State N. C.

Zip 27858 Day Phone [phone]
Fax [phone]
c. Project name (if any) Harkers Point
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT.
a. County Carteret
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
28 lot subdivision (single family),_
Fill old marina.
Construct bulkhead.
Sewer force main installation.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New.
c. Will the project be for public, private or commercial
use? Private use.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. To construct 28 lot single
family subdivision. EQUinment will
include conventional earth moving
equipment, bulldozer, backhoe, dump
trucks, etc.
Revised 03/95
MiiiiiiAilaw iWi iw+
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 27.96 acres
b. Size of individual lot(s) 20, 000 sf and larger.
c. Approximate elevation of tract above MHW or
NWL 5 MHW
d. Soil type(s) and texture(s) of tract
Sandy.
e. Vegetation on tract Wooded/oak and pine
are Predominate species.
f. Man-made features now on tract Old marina.
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
"A Conservation X Transitiondl zi i1T?1
Developed Community /
Rural Other
h. How is the tract zoned by local government?
Unzoned.
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? X Yes No
If yes, by whom? Archaeological Research
Consultants, Inc. (Thomas Hargrove)
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other .. cX
If yes, has a delineation been conducted? Yes.
(Anach documentation, if available)
m. Describe existing wastewater treatment facilities.
.Offsite sewage disposal system presently
being reviewed by On-Site Sewage Branch.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface runoff
throuQh_swales in a low-densitv develoP-
ment.
o. Describe existing drinking water supply source.
Individual wells proposed. No community
source available.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 an
adequate number of 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
RPvicpd nvi(s
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
TO ENTER ON LAND
I understand that 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
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
Name Carteret County I certify that I am authorized to grant, and do in fact,
Address Courthouse SQ. , Beaufort NC 28516 grant permission to representatives of state and federal
Phone [phone] review agencies to enter on the aforementioned lands in
Name J. L. Maxwell, Jr.
Address 711 Lakeshore Dr., Goldsboro NC
Phone [phone]
Name Holly Hamilton Briggs
Address_ 909 Evans St., Morehead City NC
Phone [phone]
SF-E- ATTAC4"tmNT For- Nuor
• A list•of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
connection with evaluating information related to this
permit application and follow-up monitoring of the
27534project.
I further certify that the information provided in this
28557 application is truthful to the best of my knowledge.
This is the 12th day of Feb. 1996
.
Print Name ,elv" Harris-
Signature t
Landowner orIA rized Agent
Li
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
J!.1 r- ?
F E 9 2 0 10,93
?1?haaaaaAa,??w?aM!
ua.;?a nvoc
Form DCM-MP-2
EXCAVATION
FILL
AND
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
i-*nQth Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

gg.

1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or othertWetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
FEB 2 0 1296
Revised 03/95 l?iWwwoar?iarr*arrn?ya?r?I
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
of
d. Maximum distance waterward of MHW or NWL
4'
e. Shoreline erosion during preceding 12 months
Unknown.
(Source of information)
f. Type of bulkhead or riprap material
Wooden bulkhead.
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material Sand.
i. Source of fill material Unknown, to be
purchased from properly licensed
borrow pit.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be boughirto site?
X Yes No
If yes,
(1) Amount of material to be placed in the
water 150 x 150 x 6' AVG = 5.000 CY
(2) Dimensions of fill area 150 x 150
(3) Purpose of fill Fill old upland marina
basin.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 150 x 5 (along
south side of basin).
(2) Purpose of fill Reclaim old inland
marina.
5. GENERAL.
a. How will excavated or fill material be kept on site
and erosion controlled? Property constructed
bulkhead and seedine.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe, trackhoe, dozer, dump trucks.
c. Will wetlands be cr,ssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Date
Revised 03/95
Vorm DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project. _-
a. Type and number'of*buildings, facilities, units or
structures proposed 28 single family lots.
b.
Number of lots or parcels 28 --
c. Density (give the number of residential units and the
units per acre) 28 units- [I unit/acre.
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 5 acre maximum.
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? X Yes No
If yes, date submitted _Concurrently with CAMA
2/16/96 scheduled submittal.
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Marl and asphalt.
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 307 MAAIN.UM
ForL XNZ1U[DLh4-t_ Le-M C)7o of CW_--ULz0rL-43
Revised 03/95
FEB 2 0 1991 1".
?WUii?Y 0 ? •?YN?N?*AM?
h. Projects that require a CAMA Major Development
Permit may also, require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
X -Yes No
If yes, date submitted Concurrently with LAMA
2/16/96 scheduled submittal.
i. Describe proposed method of sewage disposal.
Offsite wastewater treatment plant.
j. Have the facilities described in Item i. above
received state or local approval? In review by
(Attach appropriate documentation)On-Site Sewage Branch.
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
Surface runoff.
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Individual wells.
m. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
Clyde Harris
Appl Ql/li nt ProJ?ct Nr
Signature
?IZoI?c?
Date
Yes X No
JOB
STROUD ENGINEERING, P.A.
Hestron Plaza One SHEET NO. OF-
Suite 102
MOREHEAD CITY, NORTH CAROLINA 28557 CALCULATED BY DATE
[phone] CHECKED BY DATE
.IA1 C
PRODUCT 204-1 4mgk Sheets) 205 1 INdded, ®4m lnc., Groton, Mass. 01471 To Order NONE TOLL FREE 1 800 225 6380
Narrative =WES 2 0 1996
Harker's Point Major CAMA Permit M.i
ir.wa.«.»..»...?a•.a?r,*rsta'1r
HTB Associates, L.L.C. proposes to develop a 27.96 acre parcel of land on the northwestern
end of Harkers Island. The proposed Harker's Point single family subdivision will consist of 28 lots.
All lots will be either waterfront or water view and will allow for a large common area protecting the
integrity of the property leading to the Harker's Point Cemetery and the Maxwell property to the west.
The project has additional property to the south which has not had its development planned
with the exception of a 60,000 gpd tertiary treatment plant with associated subsurface disposal fields.
This system is currently being reviewed by the On-Site Sewage Branch.
During the planning process leading to the Major CAMA Permit submittal, several issues came
to light and were addressed as follows:
Harker's Point Cemetery
Harker's Point Cemetery has been an unmaintained cemetery containing the grave sites of
many early residents of Harker's Island. Following site evaluations by Mr. John Clauser of the N.C.
Department of Archives and History, many of the previously documented sites were located and the
proposed boundary of the cemetery was established.
Local citizens have indicated their desire to form the Harkers Point Preservation Committee to
manage and maintain the historical significance and heritage of this island cemetery. The developer
has encouraged and has appreciated the assistance provided by the island residents. While the
proposed new roadway construction is to be private, access to the cemetery is a right conceded to the
public. The developer will continue to work with the preservation group to restore the cemetery site.
Archaeological Findings
Following the disclosure of a study conducted by Thomas Loftfield in 1969 which found
artifacts along the north shoreline of this tract, Mr. Thomas Hargrove of Archaeological Research
Consultants,Inc. was retained to conduct an assessment of the tract. His report is attached. Phase III
archaeological evaluations are scheduled for this summer on Lots 6, 7, 8, and 9.
Filling the Previously Constructed Inland Marina
The original plan for this development included interior lots, which were required by local
ordinance to have adequate water access. The site has an inland basin marina which, through lack of
maintenance, has had its access channel silt-in and the bulkhead has deteriorated. Early discussions
with state and federal personnel indicated that with the presence of SAV in the channel alignment,
permitting would be difficult to re-dredge to the facility.
Since it is not likely that the inland basin would be permitted to be reconstructed, it is
desirable to fill the basin and associated wetlands that were created at the boat ramp and re-establish
the site to its original grade.
Public Use of the Beach
Prescriptive use of the beach at the north end of the tract has been a consideration of our
design. Lots I and 2 are to be water view without riparian rights to construct piers. Lot 3 will be
restricted to pier construction along the western property line.
The resulting property of 1.00 acres is to be donated to Carteret County and used for a public
beach access.
FEB-'2,9-96 THU 11:03 M STROK EIVGIPIEERING FAQ NC'. 9l9??7?0'?? F. 1
. / l
! 9I MAX.
(Al
. ti
.dd
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State of North Carolina IT Department of Environment,
LTWMAI
Health and Natural Resources 4 • •
Division of Water Quality r
Ja mes B. Hunt, J r., Gove mor
Jonathan B. Fbwes, secretary ED F= F=i
A. Preston F-bward, Jr., P.E., Director •
July 24, 1996
Carteret County
DWQ Project # 960226
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. R. L. Moore
c/o Harris and Associates
2105 West Nash Street
Wilson, NC 27858
Dear Mr. Moore:
You have our approval to place fill material in 0.02 acres of wetlands and 0.48 acres of waters for the purpose of
developing a residential subdivision and tilling an existing man-made basin at SR 1335, as you described in your
application dated 4 March 1996. After reviewing your application, we have decided that this till is covered by General
Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. For this approval to be valid, you
must follow the conditions listed in the attached certification.
1) That a silt curtain be installed across the nlouth of till' basin and other erosion controls be in
place prior to any earth movement in the area.
2) That the filled area be stabilized with vegetation immediately after filling.
3) That all till material be fro n a clean upland source, free from toxic material.
4) That the project he done in such a manner so as to not cause turbidity outside the immediate
construction area to exceed 25 NTU.
5) That no groundwater lowering ditches shall be constructed with direct outlets to surface waters.
In addition, you should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Adrllinistrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
n I-Inward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
960226.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
q
State of North Carolina MAR Arf
Department of Environment, 0 4 1996
Health and Natural Resources------ --------------• •
Division of Coastal Management
A000% 001=%
James B. Hunt, Jr., Governor p E H N
Jonathan B. Howes, Secretary Roger N. Schecter, Director
February 29, 1996
MEMORANDUM:
____. ... 111 1 ?•. . -. I.,? ?'J .. _
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Harkers Point (HTB Associates, L.L.C.)
Project Location: adjacent SR1335, Brooks Creek, and the Straits, in the community of Harkers Island,
Carteret Count;
Proposed Project: to develop a 28 lot subdivision known as Harkers Point
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 21, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE S? 5 t-
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
• 4 - !,
c C A
3609 HWY 24 (OCEAN) • NEWPORT, NORTH CAROLINA 28570 • [phone] • Pax [phone]
COASTAL
FEDERATION March 18, 1996
Roger Schecter, Director
NC Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
Preston Howard, Director
NC Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Victor D'Amato
N.C. Division of Environmental Health
On-Site Wastewater Engineering Branch
P.O. Box 27687
Raleigh, NC 27611
MQ,q 20 1996
!A1.1 TY
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AF
"'rte
RE: Public Comments Concerning Harkers Point (HTB Associates, L.L.C.) Major
CAMA Permit Application, DEM Stormwater Plan, and Permit Application for
Harker's Point Wastewater System (Project No. 95-17)
Dear Roger, Preston and Victor:
These comments are submitted by the North Carolina Coastal Federation, North Carolina
Wildlife Federation, Watermen Aligned for the Environment and Resources; Carteret
County Crossroads; Sierra Club, Pamlico-Tar River Foundation and Conservation
Ccuncil of North Carolina. These local, regional and statewide groups are commenting on
this project because it clearly illustrates why we are losing the battle up and down our coast
to protect shellfish waters and our marine fisheries.
The applicant proposes in his CAMA permit application to construct 28 residential units, a
60,000 gpd wastewater treatment plant, and "future development," all on four types of soils
that the Carteret County Soil Survey classifies as having "severe" limitations for building
and wastewater treatment. This large proposed development is being reviewed by a
multitude of state agencies in an uncoordinated and piecemeal fashion that ensures that
coastal water quality will not be protected.
E-mail [e-mail] WWWHome Page:http://www.eastnc.coastal,net.com/nccf/nccf.htm
Letter of Comment on Harker's Point
March 18, 1996
Page 2
Our organizations have serious concerns with the permit review process for this project. It is
failing to achieve a basic goal of the Coastal Area Management Act (CAMA) which is: "to
insure that the development and preservation of the land and water resources of the coastal
area proceeds in a manner consistent with the capability of the land and water for
development, use, or preservation based on ecological considerations. " We believe that
CAMA provides both the authority and responsibility to coordinate the permit review process
to insure that open and highly productive shellfishing waters immediately next to this site are
protected.
We encourage each State agency involved in reviewing various aspects of this project to
coordinate their review based upon the following considerations:
1) The CAMA permit application was submitted without providing adequate
information regarding the applicant's total development plans. In reviewing this permit
application, CAMA regulations (T15A NCAC U .0203(c)) require the applicant to disclose
detailed information on any development located in or directly impacting an AEC. CAMA
also mandates an evaluation of the cumulative impacts of this proposed project (NCGS 113A-
121(a)(10)). The application provides insufficient information to conduct this required
analysis. Based on the Coastal Resources Commission rules, the application should contain
information on the development plans for the entire acreage besides the 28 residential lots
that touch an AEC. More information is needed to figure out the impact that approximately
140 additional residential units (the remaining estimated capacity of the proposed wastewater
treatment plant) will have on AEC's located on and by this tract of land. (A subdivision plat
submitted to Carteret County Planning Department the day after you received this permit
application shows 41 lots on 27.96 acre portion of this property.) It is particularly important
that you obtain this information since the site contains soils that are classified as having
"severe" building limitations.
2) Wastewater treatment plant efflue itwill lake annroximatelv.15 daYS to_ discharge ink
nearby SA waters and will violate SA water quality standards. Based upon the pump
test report submitted by the applicant, it will take approximately 15 days for wastewater to
move laterally as groundwater from the sewage treatment plant into a nearby deadend tidal
creek classified as open shellfishing waters. The two types of course sandy soils at the waste
disposal site will provide only minimal removal of bacteria and nutrients in the tertiary
treated effluent.' The water quality parameters of greatest concern are nitrate and nitrite.
'According to the Carteret County Soil Survey, the waste disposal area has two types of soils: Leon sand
and Mandairin sand. The permeability of Leon is rapid in the surface and subsurface layers and moderate to
moderately rapid in the weakly cemented subsoil. The soil is not used as cropland because of wetness during
winter and spring, droughty in summer, and leaching of plant nutrients. It has "severe" limitations for sewage
treatment because of seepage, wetness, and poor filtering. Mandarin sand also has rapid permeability in the
surface and subsurface layers and moderate in the subsoil. The available water capacity is low. It also has
Letter of Comment on Harker's Point
March 18, 1996
Page 3
Even if the treated effluent meets the state groundwater standard for nitrate (10 mg/1), it can
be safely assumed that no further denitrophication will occur once the effluent is discharged
into the ground. This means that nitrate will leach laterally into the adjacent SA waters at
levels that exceed the "Chlorophyll a" standard (15A NCAC 2B.0212(c)(A)) for tidal
saltwaters by approximately 1,800%.Z This concentration of nitrate concentration is C
exceedingly high, and that quality of effluent will make conditions in the deadend tidal creek
?
unsuitable for their classified "best" uses. Therefore, the project violates water quality
standards for "Conditions Related to Best Usage" (15A NCAC 2B.0212(b)(2)) and the state's
Antidegradation Policy (15A NCAC 2B.0201).
We are also extremely concerned about fecal coliform, pathogens and viruses that may be) w p
contained in the effluent from this plant. No effluent quality parameters for fecal coliform ?l S
are specified in the permit application. Pathogens and viruses are present in tertiary treated `s
w ?,
wastewater. Given the rapid groundwater movement between the waste disposal site and the \N y
adjacent estuary, existing uses of the open shellfishing waters may be threatened by this \oy ? \
project. r
3) Stormwater runoff could violate water quality standards for shellfishing waters but
the application contains insufficient information to evaluate compliance with coastal`
stormwater regulations. Except for the Carteret County Harbor of Refuge, all of the waters v''
next to this project are open to shellfishing. Stormwater runoff from the proposed
OD?
development will contain fecal coliform and nutrient levels that exceed state standart-s for
?-\W shellfishing waters. It is impossible to evaluate the adequacy of the stormwater plan without U
bra. ??? more detailed plans regarding the project's final buildout. Saltwater and freshwater wetlands a
on this site should not be used to calculate the percent of the property covered by impervious
1 1 surfaces.
W
4) Filling the open water basin will violate the state's Antidegradation Policy and water ?nG?` ?1 sl?aality,,, t n Ards. State water quality regulations vrohibit the filling of the lagoon located
?. on this property. This basin is connected to estuarine waters and contains "existing uses" ,
protected by state water quality standards for open SA waters. The site cannot be used fora a i> v
marina because of its status as open shellfishing waters.
"severe" limitations for sewage treatment because of wetness, poor filtering capacity, and seepage.
zAccording to Dr. Richard T. Barber of Duke University Marine Laboratory, field and laboratory studies
have found that marine and estuarine phytoplankton will produce about 1 ug/l (microgram per liter) of
chlorophyll a from 1 umol/1 (micromole per liter) of nitrate. The groundwater standard is 10 mg/l
(milligram/liter) of NO' as nitrogen. To convert the groundwater standard to micromoles of nitrate, first divide
by 14 (the atomic weight of nitrogen), then multiply by 1000 to convert millimmoles to micromoles (10/14 =
0.714). 0.714 x 1000 = 714 ug/l chlorophyll from 10 mg/l nitrate as nitrogen. Therefore, wastewater
containing 10 mg/1 of nitrate will result in "Chlorophyll a" levels of 714 ug/l in the nearby tidal waters. This
level is nearly 1,800% above the water quality standard for tidal waters.
Letter of Comment on Harker's Point
March 18, 1996
Page 4
5) Waterfront piers fronting on the Straits will impede pedestrian access to the beach.
Piers located on lots three through 16 could have docks with four slips each. These piers
will impede the traditional and established use of this beach by the public for swimming and
fishing.
6) Piers with boat slips will disturb and degrade vital estuary habitat. The shallow
estuarine waters surrounding the proposed development contain submerged aquatic vegetation
that is vulnerable to damage because of shading from piers and boating activity. Appropriate
pie .sites and docking locations should be established as part of the master plan for this
project, and not left up to individual homeowners that purchase lots in the subdivision.
In conclusion, State permits and authorizations for this project should be denied
based upon the concerns identified above. As proposed, the project will result in the
violation of state water quality standards. This project is simply too big for this piece of
property that is poorly suited for this scale of development. The four types of soils found on
the property have "severe" development constraints and adjacent waters are extremely
sensitive to pollution.
We do realize that this property can accommodate some development. Therefore, we
encourage all the State agencies involved in reviewing permit applications for this property to
get together and coordinate their reviews so that stormwater runoff, leachate from sewage,
and development in public trust areas will not violate state regulatory standards.
Please notify us immediately of any actions taken by your agencies regarding this
application. We particularly would like to receive any additional information or
modifications to the application that may be submitted.
Thank you for considering these comments.
Sincerely,
Todd Miller
Executive Director
cc: Jonathan Howes, Secretary, DEHNR Dave Moreau, EMC
Linda Rimer, Deputy Secretary, DEHNR Pete Peterson, EMC
Rick Shiver, DEM Charles Jones, DCM
Linda Sewell, DEH Bob Benton, Shellfish Sanitation
Bruce Freeman, DMF Interested Press

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HAIRKEOd RS P'nINT
1111111i I' HARKERS ISLAND, CARTERET COUNTY, NORTH CAROLINA
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CLIENT: CLYDE HARRIS DESIGNED:
ADDRESS 2105 W. NASH STREET RDC
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APPROVED:
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. STROUD ENGINEERING, P.A. RDC
HESTRON PLAZA ONE SUITE 102 DATE:
EHEAD CITY, N.C. 28557 2/20/96
PROJECT •: PM707 -7 9 _ _ - - ,/
SCALE
SHEET 5 OF 7 RONALD D. CULL HER, P.E. ?-` 1 = 100'
PROPOSED DEDICATION OF 1.00 AC
OF LAND TO CARTERET COUNTY.
LOTS I & 2 RESERVES THE RIGHT
TO CONSTRUCT ELEVATED WALK-
WAYS OVER THE WETLANDS TO
THE BEACH AREA IN ACCORDANCE
WITH APPLICABLE REGULATIONS.
LOT 3 & 4 SHALL WAIVE THE 15'
SETBACK TO ALLOW THE CONSTRUCTION
OF LOT 3 PIER AS SHOWN.
APPROX. AREA =1.00 ACRES
APPROXIMATE MEAN HIGH WATER
PIER ALIGNMENT
LINE
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101.67 ° 20I 1 84 E N 3
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SCALE: 1" - 100'
FEB20 10
Gam' PUBLIC BEACH ACCESS AREA
?«.,...•..--•••-•"w"" "00. CAMA PERMIT APPLICATION PLANS
HA IRKEEM S P®INT
HARKERS ISLAND. CARTERET COUNTY. NORTH CAROLINA
CA/?o? CLIENT: CLYDE HARRIS DESIGNED:
?? .,,....•... f ?i
RDC
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:Q.? WILSON. N. C. 27858 DRAWN:
SQ
SEAL rL PHONE: (919 ) 237-6701 DJV
13343 APPROVED:
%•.F Q•.i 4t' g STROUD ENGINEERING, P.A. RDC
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?'?,?.9•''yr?.?N?.'•QHESTRON PLAZA ONE SUITE 102 DATE:
• ??i? ?D/p tC?; ,, M 1 ) EAD4 C9TY, N C. 28557 2/20/96
PROJECT PM707 J Zv?`?(a SCALE:
SHEET 06 OF 7 0 ALD D. CULLIP R, P.E. ill= 100'
HARKERS ISLAND ROAD
SCALE: 1"=10'
2x10 TREATED FILTER
CAP CLOTH 5'8 ' GALVANIZED
WITH THREADED ENDS,
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In
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6x6 @ 8' 0•C -1 2x1 0 T&G WITH @ 8' 0. C.
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PROJECT ": PM707
SHEET • 7 OF 7
SCALE: 1"=30'
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CAMA PERMIT APPLICATION PLANS
]H[AL]E K ERS ]JOINT
HARKERS ISLAND. CARTERET COUNTY. NORTH CAROLINA
CLIENT: CLYDE HARRIS DESIGNED:
ADDRESS: 2105 W. NASH STREET RDC
WILSON. N.C. 27858 DRAWN:
DJV
PHONE: ( 919 ) 237-6701
APPROVED
A\ STROUD ENGINEERING, P.A. RDC
T HESTRON PLAZA ONE SUITE 102 DATE:
M HEAD CITY, N.C. 28557 2/20/96
9 -7
CALE:
RONALD D. CULLI R, P.E. AS SHOWN
ROAD SECTION