58892_SWIBER, MATHEWS & MARTHA_20111003

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❑ CAMA / ❑ DREDGE & FILL i �e
GENERAL PERMIT Previous permit#
❑New ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
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❑ Rules attached.
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❑ PWS: ❑ FC:
ORW: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body
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Agent or Applicant Printed
Signature Please read compliance statement on back of permit
Application Fee(s) Check # i
Permit Officer's Signature
Issuing Date T444 Expiration Date
Local Planningjurisdiction Rover File Name

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
Iandowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Raleigh Office Morehead City Headquarters
Mailing Address: 400 Commerce Ave
1638 Mail Service Center Morehead City, NC 28557
Raleigh, NC 27699-1638 252-808-2808/ 1-888ARCOAST
Location: Fax: [phone]
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:[phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax:[phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 08/09/06

SHORELINE PIERS & BOAT LIFTS, INC.
DBA SHORELINE MARINE CONSTRUCTION
580 PEARSON CIR 252-393-7934
NEWPORT, NC 28570
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SEP-14-2011 12:42 PM SHORELINE MARINE COMET. 1+252+393+7934 P.92
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
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Name of Property Owner Applying for Permit:
Mailing Address:
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I certify that I have authorized (agent) kYes( i 0 ,>6 to act on my
behalf, for the purpose of applying for and obtaining all CA -MA Permits necessary to
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ADJACgNT,$lPARJA P. f 011l(,NER Nt1TIFICATION FORM
CERTIFIED MAIL - R- (URN RECEIPT REQUESTED
hereby certify that l own property adjacent to Q I' mov eg -t 3 w I Lq
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He/She has described to me as shown below the development he/she is proposing at that location,
and I have no objections to the proposal.
---»-------------------------------------------- ------------- ---- --------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill In description below or attach a site drawing) ,
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K you have objections to what Is being proposed, you must notHjr the Division of Coastal ManagemOn" C
(DCM) in writing within 10 days of receipt of this notice. Contact information for 0CM ofl9cas is b
available at www.nccoastaimangwn "t neticontaci dcm.htm or by calling 1.888-4RCOAST. No
re once is considered the same as no oblection If yoghave been notified by Cer~ Mail.
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Styron, Heather M.
From: Guthrie, Barry
Sent: Wednesday, September 14, 2011 1:52 PM
To: Styron, Heather M.
Subject: FW: Objection to proposed development at 200 Bluff Road
From: John Mackowiak [mailto:[e-mail]]
Sent: Tuesday, September 13, 2011 11:07 AM
To: Guthrie, Barry
Subject: Objection to proposed development at 200 Bluff Road
I own the property at 186 Bluff Road. My new neighbor at 200 Bluff Road proposes to build a sea wall along our property
line (perpendicular to the shoreline) that would deflect energy, especially when wind and waves are coming from the
northwest. As you know, this is a frequent wind direction with storms. This part of the White Oak River does experience
some high energy conditions with storm surge. This deflected energy off or the sea wall would cause further erosion of our
property. The past evidence of this accelerated erosion is clearly visible on our property. The previous owner brought in a
large quantity of fill material (600 truck loads) and hardened his newly made steep bank with rip rap and concrete. While it
preserved his land, the deflected energy continued to erode our property and numerous trees has fallen into the river from
our property. The newly proposed vertical vinyl wall parallel and perpendicular to the shoreline is expected to deflect more
energy at my unprotected shore than the existing rip rap wall on an angled slope parallel to the shoreline. Therefore I
object to the addition of this wall because of the damage it will cause to the property and the coastal environment.
Please call me to let me know: a) that you did receive this email and b) how I should proceed, so that additional damage is
not done to the shoreline.
John Mackowiak PhD
jmackowiak a(7.c-o-r.org
919-942-9903 office
919-619-3838 cell

Brownlow, Roy
From: John Mackowiak [e-mail]]
Sent: Friday, September 30, 2011 9:43 AM
To: Brownlow, Roy; Styron, Heather M.
Subject: FW: 200 Bluff Road
Attachments: 2 swiber propsals.pdf
I think I misunderstood the swiber proposal drawn on paper.
Here is my email to him asking for clarification. A letter he sent to me stated that he is requesting a permit to build a wall
that causes damage to our property in effort to protect his, but he would not extend that wall to minimize damage to our
property while he protects his. Is that what he explained to you also?
John Mackowiak PhD
4mackowiak(oc-o-r.org
Center for Outcomes Research
Nashville TN
www.c-o-r.org
919-942-9903 office
919-619-3838 cell
From: John Mackowiak [mailto:jmackowiak@)c-o-r.orgl
Sent: 2011-09-30 09:31 AM
To: 'Matthew Swiber'
Subject: RE: 200 Bluff Road
Just to clarify or letter to CAMA, we are opposed to any structures that will increase erosion on our property. I assume you
would be opposed to the same. By turning your wall and facing your wall toward our property, all experts agree that wave
action and currents would be created that accelerate the erosion of our property in an attempt to save your property. If you
wanted to turn the wall back 30-40 feet away from our property line and cause the localized damage to your own property,
we would not be able to stop you from doing so. But we oppose damage being cause on our property as we would expect
you to oppose it if we did damage to you.
I did see the two proposals that you offered on the attached pdf, but maybe you can explain them better because the
drawing you provided is not consistent with the letter you just sent. In one proposed option in the pdf you are facing a sea
wall at our property which we oppose because you would be causing damage to our shoreline in attempt to save yours. In
the other option, you drew the extension of the wall on to our property. Please explain how far you would pay for that
extension. The drawing shows no clear ending point, so please be specific in your proposed options. You last letter says
you would not pay, which means you're your dotted line should be removed if I understand your letter.
Please clarify the 2 options you are proposing. I also added dimensions to your drawing if it is done to scale. If it is not
drawn to scale, please include dimensions so everyone concerned understands your proposed options for your
construction permit.
John Mackowiak PhD
0mackowiak(aDc-o-r.orq
Center for Outcomes Research
Nashville TN
www.c-o-r.org

919-942-9903 office
919-619-3838 cell
From: Matthew Swiber Finailto:[e-mail]]
Sent: 2011-09-30 08:46 AM
To: [e-mail]
Subject: 200 Bluff Road
Please see attached letter regarding our proposed bulkhead.

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Brownlow, Roy
From:
[e-mail]
Sent:
Wednesday, September 28, 2011 2:39 PM
To:
Brownlow, Roy
Subject:
Re: Documents
Thank you.
Martha
Sent from my HTC on the Now Network from Sprint!
----- Reply message -----
From: "Brownlow, Roy" <roy.brownlowkncdenr.gov>
Date: Wed, Sep 28, 2011 12:30 pm
Subject: Documents
To: "marthakswiber.net" <marthagswiber.net>
Cc: "matthew gswiber.net" <matthewgswiber.net>
Ms. Swiber,
Hope this finds you doing well.
Please find attached the public documents you requested:
• Drawing submitted by your authorized agent (contractor) Ashley Brooks to DCM on 9/29/2011 of proposed
shoreline stabilization project — specifically the east end adjacent to Mackowiak property.
• Mr. Mackowiak's email message with subject: "Objection to proposed development at 200 Bluff Road."
If you need further assistance, please feel free to contact me.
Regards,
Roy Brownlow
Acting District Manager, Morehead City District Office
& Compliance Coordinator
NCDENR
NC Division of Coastal Management
400 Commerce Ave
Morehead City, NC 28557
[phone] Extension 217
Roy. Brownlowt7a ncdenrgov
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

Brownlow, Roy
From: John Mackowiak [e-mail]]
Sent: Thursday, September 29, 2011 10:31 AM
To: Brownlow, Roy
Subject: RE: 200 Bluff Rd, Cedar Point
I am on a plane now landing in TN in a few minutes. I have an idea that may work. I will call you at 1, or please start
calling me on my cell when you and Heather are available.
John Mackowiak PhD
0mackowiak(cDc-o-r.org
Center for Outcomes Research
Nashville TN
www.c-o-r.org
919-942-9903 office
919-619-3838 cell
From: Brownlow, Roy[maiIto: roy.brownlow(atncdenr.gov1
Sent: 2011-09-28 02:18 PM
To: [e-mail]
Cc: [e-mail]; martha(abswiber.net; Styron, Heather M.
Subject: 200 Bluff Rd, Cedar Point
Mr. Mackowiak,
Hope this message finds you doing well.
Thank you for briefly discussing the Swiber's proposed shoreline stabilization project with us this afternoon by telephone.
understand you were departing on an airplane and you had to discontinue use of your cell phone during our conversation.
Please find attached to this message a drawing submitted by the Swiber's contractor (Mr. Ashley Brooks) to DCM which
was received on 9/28/2011. He and Mr. Matt Swiber met with Heather and me on 9/27/2011 on the property. I conveyed
your concerns to the Swiber's and Mr. Brooks. Based upon that site visit and conversation, Mr. Brooks has submitted two
options on the attached drawing. Please call me tomorrow to resume discussion on the Swiber's proposed shoreline
stabilization and your concerns. I will be available in the office from 8:00 to 9:00 and will then be available from 1:00 to 5:00
pm.
Thank you,
Roy Brownlow
Acting District Manager, Morehead City District Office
& Compliance Coordinator
NCDENR
NC Division of Coastal Management
400 Commerce Ave
Morehead City, NC 28557
[phone] Extension 217
Roy. B rown low(.ncden r.gov
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

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Brownlow, Roy
From: Brownlow, Roy
Sent: Wednesday, September 28, 2011 2:18 PM
To: '[e-mail]'
Cc: '[e-mail]'; '[e-mail]'; Styron, Heather M.
Subject: 200 Bluff Rd, Cedar Point
Attachments: swiber.pdf
Mr. Mackowiak,
Hope this message finds you doing well.
Thank you for briefly discussing the Swiber's proposed shoreline stabilization project with us this afternoon by telephone.
understand you were departing on an airplane and you had to discontinue use of your cell phone during our conversation.
Please find attached to this message a drawing submitted by the Swiber's contractor (Mr. Ashley Brooks) to DCM which
was received on 9/28/2011. He and Mr. Matt Swiber met with Heather and me on 9/27/2011 on the property. I conveyed
your concerns to the Swiber's and Mr. Brooks. Based upon that site visit and conversation, Mr. Brooks has submitted two
options on the attached drawing. Please call me tomorrow to resume discussion on the Swiber's proposed shoreline
stabilization and your concerns. I will be available in the office from 8:00 to 9:00 and will then be available from 1:00 to 5:00
pm.
Thank you,
Roy Brownlow
Acting District Manager, Morehead City District Office
& Compliance Coordinator
NCDENR
NC Division of Coastal Management
400 Commerce Ave
Morehead City, NC 28557
[phone] Extension 217
Roy.Brownlow ncdenr iov
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
71 o Zr 5

SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIRAP
REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS 2,,,,
1SA NCAC 0711.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and riprap revetments for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J .I 100 and according
to the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and
shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the
Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy and lower
erosion rates than the adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. July 1, 2009; April 1, 2003.
I SA NCAC 07H .1102 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and
request approval for development. The applicant shall provide information on site location, dimensions of the project
area, and the applicant's name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian
property owners indicating that they have no objections to the proposed work; or
2) confirmation that the adjacent riparian property owners have been notified by certified mail of
the proposed work. The notice shall instruct adjacent property owners to provide written
comments on the proposed development to the Division of Coastal Management within 10
days of receipt of the notice, and, indicate that no response shall be interpreted as no
objection. The Division of Coastal Management shall review all comments and determine,
based on their relevance to the potential impacts of the proposed project, if the proposed
project can be approved by a General Permit. If the Division of Coastal Management
detennines that the project exceeds the guidelines established by the General Permit Process,
DCM shall notify the applicant that an application for a major development permit shall be
required,
(c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management
` resentative so that the proposed alignment may be marked. Written authorization to proceed with the proposed
development shall be issued if the Division representative finds that the application meets all the requirements of this
Subchapter. Construction of the bulkhead or riprap revetment shall be completed within 120 days of the issuance of the
general authorization or the authorization shall expire and it shall be necessary to re-examine the alignment to determine
if the general authorization may be reissued.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984;
Amended Eff. July 1, 2009; October 1, 2007; September 1, 2006; January 1, 1990; December 1, 1987.
15A NCAC 07H .1103 PERMIT FEE �/
The applicant shall pay a permit fee of two hundred dollars ($200.00) fo riprap reve ents sited at or above normal
high water or normal water level, or a permit fee of four hundred doll ($400.00) r riprap revetments sited below
normal high water or nonnal water level. The applicant shall pay a pe it fee our hundred dollars ($400.00) for
bulkheads. Permit fees shall be paid by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. October S, 2009; September 1, 2006; August 1, 2000; March 1, 1991.
I5A NCAC 07H .1104 GENERAL CONDITIONS
(a) This permit authorizes only the construction of bulkheads and riprap revetments conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make
periodic inspections at any time deemed necessary in order to ensure that the activity being performed under authority of
this general permit is in accordance with the terms and conditions prescribed herein.
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c) There shall be no interference with the use of the waters by the public by the existence of the bulkhead & the mprap
revetment authorized herein. Bulkheads and riprap revetments authorized in this Rule shall not interfere with the
established or traditional rights of navigation of the waters by the public.
(d) This permit shall not be applicable to proposed construction where the Division of Coastal Management has
determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary 4
because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water
quality; air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights.
(e) This permit shall not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permit shall be consistent with all local requirements, AEC rules, and local land
use plans current at the time of authorization.
I
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff May 1, 1990; December 1, 1987; f� LOS
RRC Objection due to ambiguity Eff. May 19, 1994; ntigtr o���s
Amended Eff. July], 2009; August], 1998; July I, 1994.cc�
f '>
1 SA NCAC 071-1.1105 SPECIFIC CONDITIONS
(a) Along shorelines void of wetland vegetation:
(1) New bulkheads shall have an average approximation of normal high water or normal watei�lre>�1,21 he li
bulkhead position shall not exceed a distance of five feet waterward of normal high water or nor
water level at any point along its aligmment.
(2) New bulkheads or riprap revetments on shorelines within manmade upland basins, canals, and ditches,
shall be positioned so as not to exceed an average distance of two feet and maximum distance of five
feet waterward of nonnal high water or normal water level.
(3) When replacing an existing bulkhead, the new alignment shall be positioned so as not to exceed a
maximum distance of two feet waterward of the current bulkhead alignment. To tie into a like
structure on the adjacent property, replacement bulkhead position shall not exceed a maximum distance
of five feet waterward of the current bulkhead alignment. When replacing a bulkhead where lands
landward of the bulkhead were lost in the last year, bulkheads shall be positioned a maximum of two
feet waterward of the original/existing alignment.
(4) Riprap revetments shall be positioned so as not to exceed a maximum distance of 10 feet waterward of
the normal high water or normal water level at any point along its alignment.
9ns(b Along shorelines with wetland vegetation, bulkheads and riprap revetments shall be positioned so that all
tructionis to be accomplished landward of such vegetation.
Bulkheads shall be constructed of vinyl, or steel sheet pile, concrete, stone, timber, or other suitable materials
approved by the Division of Coastal Manag m nt.
(d) Riprap revetments shall be constructed of granite, marl, concrete without exposed rebar, or other suitable materials
,,�pproved by the Division of Coastal Management.
Revetment material shall be free from loose dirt or other pollutants.
(fj Revetment material shall be of sufficient size to prevent movement from the site by wave action or currents.
(g) Construction design for riprap revetments shall take into consideration the height of the area to be protected (i.e.
bulkhead height, escarpment height, water depth) and the alignment shall allow for a slope no flatter than three feet
orizontal per one foot vertical and no steeper than 1 '/2 feet horizontal per one foot vertical.
(h) All backfill material shall be obtained from an upland source pursuant to 15A NCAC 07H .0208. The bulkhead or
riprap revetment shall be constructed prior to any backfilling activities and shall be structurally tight so as to prevent
/�eepage of backfill materials through the structure.
(i) No excavation, grading or fill shall be permitted except for that which may be required for the construction of the
bulkhead or riprap revetment. This permit shall not authorize any excavation waterward of the approved alignment.
✓O) Runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters.
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that
eroded materials do no enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms,
sand fence, etc.).
4,(k) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control plan
shall be filed with the Division of Land Resources, Land Quality Section, or appropriate local government having
jurisdiction. This plan shall be approved prior to commencing the land -disturbing activity.
�'For the purposes of these Rules, the Atlantic Intracoastal Waterway (AIWW) is considered a natural shoreline.
c M) Construction authorized by this general permit shall be limited to a maximum shoreline length of 500 feet.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113.4-124;
Eff. March 1, 1984;
Amended Eff. July 1, 2009; April 1, 2005; December 1, 1991; January 1, 1989; December 1, 1987
48