53095_WHITLEY, JACK_20090204

DCAMA /,E'DREDGE & FILL
GENERAL PERMIT Previous permit
LINew D.Modific&ion ElComplete Reissue ElPartial Date previous permit issued
As authorized by the State of North Carolina, Department of Environment itural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
0 Rules attached.
Applicant Name Project Location: County --------
Address j'_ Street Address/ State Road/ Lot
City
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Fax #
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ORW: yes / no
PNA yes / no Crit.Hab. yes no
Subdivision
City-- — -_ ZIP
-----
Phone # River Basin
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Agent or Applicant Printed Name
Signature "Please read compliance stab rnen&6'ck permit"
Application Fee(s) Check #
Permit Officer's Signature
Issuing Date E*iration Date
Local Planning Jurisdiction 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 I) 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
landowner(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

01/28/2009 09:15 2526356621 WHITLEY LAW FIRM :0627 F.002/009
j rev-c r -easy zc a to ry r td.m1: r tu..t_ywk LP-hY 2526363I27 TO: 6356621 P . I
North Carolina Department of Environment Resources
lion of Coastal Msnsgemtnt
Charles S. Jones, Director
Michim w. may, rya mew William G. stoat+, it, sew„ y
VOC January 2-6,ZM
Applicant Name ! W,_K d Linda M. Whitley ,—
i ii f 4-A Lei MR -Y.4)_ - h771.7!9y, :� •.
I certify that I have authorized (went) Pole end Fain, CoUgASNMIge. to
act an wy behalf for the purpose of applying for and obtaining all LAMA
permits necessary to install or construct (activity) }MiEfin bulkhead.
intst J 29 Loaf Lana by 4 font 4MI& install 700Q lb hoaWft, back fill did a basin
at (location) 506 NpA Glenbvrnie Road .New Bern_ fiTC 2062
This certification is valid tbru (date) .
Signature
400 Cowhem Avww, Mmh§W City, Nonh Coolirm 26557
Phony~ 25 -W-W / Fax : [phone] / l ttrntr:
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A�WAWW RIPARIAN PROPERTY OWNER STATEMEINT
( Balk hzad / rip rap,
I hereby cffdfy that I own property adjacent to Jack WhCaley
Name of Prop my CY*Tter
at SA16 Ng!-Ih Glenbumie Road. New Bern, NC 2&%Q
(Lot, Block, Road, etc. . )
on a-USF, NjvEq "4,W BERINJ CBAVEN �LQUNTY
(Town andlor(Counry)
7. - He -has deScAbed-W we -,-as shown below, *"evejoptnent-he is proposes at the 10cmion
-and 1 have no ot�jecfions to his propoiM,
DESCrMTION &%DJOR DXkWING OF PROPOSED DEVELOPMENT
(to be filled in by individual prWsing developmew
Foley and Foley Con ton, Inc.
Phone# [phone]
Fax # [phone]
4k=: t
Print or y-p'e7j_
Tef�hone Number
i / 2 d) �
ate

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
( Bulkhead / rip rap )
I hereby certify that I own property adjacent to Jack Whitley
( Name of Property Owner)
property located at 526 North Glenburnie Road, New Bern, NC 28560
( Lot, Block, Road, etc. )
on NEUSE RIVER NEW BERN / CRAVEN COUNTY NC
( water body ) (Town and/orCounty)
He has described to me, as shown below, the development he is proposing at the location
and I have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
( to be filled in by individual proposing development )
oo�X4Ox4,�'
I
4 en
W,
4: 1 1 FT
Foley and Foley Contractors, Inc.
Phone # [phone] ; Signature
Fax # [phone]
rint or Type Name
Telephone Number
z3 /C�
Date

FOLEY & FOLEY CONTRACTORS INC.
310 JOHNSON POINT RD,
NEW BERN NC 28560
PAY TO THE I
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ii RBC Bank"
IMC Unnk (USA)
MEMO
1:0 5 3 L008 50i:0 3 900 28 68 L11'
66-85/531
1344
0390028681 eW
DATE -
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DOLLARS LI
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.rr�✓ 1—i
Michael F. Easley, Gc rernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Chuck Wakild, Deputy Director
BUFFER AUTHORIZATION CERTIFICATE FOR PIER ACCESS
A riparian buffer authorization is required for an approved access way throL.h the Tar -Pamlico
& Neuse River Riparian buffer per Division of Water Quality (DWQ) regulat ns 15A NCAC
02B.0233 & .0259.
Activities covered by your Coastal Area Management Act (CAMA) permit a deemed to have
a Buffer Authorization from the DWQ as long as the project can meet ALL the conditions
listed below. If ALL of the avoidance and minimization guidelines listed be' v cannot be met, a
separate buffer authorization request must be submitted using a Pre -Cons, ction Notification
(PCN) application to DWQ at the address below.
A PCN application may be obtained on the DWQ site http://h2o.enr.state. n us/wetlands.html.
Any questions regarding this process should be directed to the wetland/buf` r staff of the DWQ
in the Washington Regional Office at 252-946-6481, or the 401 Oversight L it in the Raleigh
Central Office at 919-733-6893.
A written authorization from DWQ MUST be received prior to any construct n activities in the
riparian buffer, including land clearing. Failure to secure a Buffer Authoriza )n prior to
construction &/or land clearing shall subject the property owner & the part} contractor)
performing the construction &/or land clearing to a civil penalty of up to $2:. )00 per day per
violation.
❑ Pier access must cross the riparian buffer perpendicularly (which is (-_'efined as between
75 and 105 degrees). The alignment should also be located to minimize the removal of
woody vegetation to the greatest extent practicable.
❑ Walkway/access shall be made of pervious materials like open -slatted wood, mulch, or
grass. The use of impervious materials like concrete, pavers, or gra Jal will require a
PCN review and a separate Buffer Authorization. A request for an impervious walkway
shall include a justification of need.
❑ The width of the access is limited to six (6) feet or less. A width of greater than 6 feet
wide shall require a PCN review and a separate Buffer Authorization. A request for an
access greater than 6 feet shall include a justification of need.
❑ Please submit a project map of your property indicating the location of the pier and any
requested walkway/access.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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ne
NorthCaroina
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This Buffer Author: tion is not considered approved until the DWQ has received both
this signed form Al' the project map.
Submit the requester
Division of Water Qu
Attn: Surface Water/'
943 Washington SqL.
Washington, NC 27i
formation to:
I
-er Program
Mall
Fay nna`- be you agree to be held responsible for meeting ALL of the above listed
�r - rify all information is complete and accurate. Please be aware, violations
h lt� ahoy d c� `ions are subject to civil penalty assessment of up to twenty-five
do. ($2. 0.00) per violation per day.
Applicant/ gent's Sit;
ire
CAMA General Perm amber:
�-30 9,5-c
North Carolina Division of Water Q. Internet: www.ncwateraualitv.or
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Date
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ron�naci r. =aaicy, vwo, of
William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
> 1— i Coleen H. Sullins, Director
Chuck Wakild, Deputy Director
BUFFER AUTHORIZATION CERTIFICATE FOR SHORELINE STABILIZATION
A riparian buffer authorization is required for shoreline stabilization activities within the Tar -
Pamlico & Neuse River basins per Division of Water Quality (DWQ) regulations 15A NCAC
0213.0233 & .0259.
Activities covered by your Coastal Area Management Act (CAMA) permit are deemed to have
a Buffer Authorization from the DWQ only if the project can meet ALL of the conditions listed
below. If ALL the avoidance and minimization guidelines described below cannot be met, a
separate buffer authorization request must be submitted using a Pre -Construction Notification
(PCN) application to DWQ at the address below. A PCN application may be obtained on the
DWQ web site http://h2o.enr.state.nc.us/wetlands.htm1.
Questions regarding this process should be directed to wetland/buffer staff of the DWQ in the
Washington Regional Office at 252-946-6481, or the 401 Oversight Unit in the Raleigh Central
Office at 919-733-6893.
A written authorization from DWQ MUST be received prior to any construction activities in the
riparian buffer, including land clearing. Failure to secure a Buffer Authorization prior to
construction &/or land clearing shall subject the property owner & the party (contractor)
performing the construction &/or land clearing to a civil penalty of up to $25,000 per day per
violation.
❑ Minimize removal of woody vegetation in Zone 1 to what MUST be removed for the
installation of the shoreline stabilization project. Zone 1 begins at the most landward of
either the waters edge or the coastal wetland line and extends 30 feet landward.
Unnecessary clearing is a violation of the riparian buffer rules and may result in a civil
penalty assessment of up to $25,000 per day per violation.
❑ The property owner is responsible for site restoration of woody vegetation. Pre -project
site conditions MUST be re-established. A site that was wooded prior to this
shoreline stabilization project MUST be restored with native hardwood trees at a stem
density of 320 trees per acre. Hardwood restoration must be completed by the first
subsequent planting season (November 1 through March 30).
❑ Disturbance in Zone 2 of the riparian buffer, which begins at the landward edge of Zone
1 and extends 20 feet is restricted to uses listed under 15A NCAC 2B .0233(4)(b) & (6),
and 15A NCAC 2B.0259(4)(b) & (6). Clearing and grading of Zone 2 is allowed provided
that it is re -vegetated immediately and Zone 1 is not compromised, which includes
maintaining diffused flow of storm water runoff through Zone 1.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org One
943 Washington Square Mall Phone: [phone] NOfthCa.rOlina
Washington, NC 27889 FAX [phone] Naturally
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❑ For vertical shoreline stabilization projects (bulkhead) only; sites where wave overwash
is expected to be severe, the first ten (10) feet landward from the structure may be
maintained as a stable lawn in order to provide for structural stability. This certificate
condition is intended to apply only to projects adjacent to larger water bodies where the
conditions may routinely produce severe overwash.
❑ Construction corridors are allowed for shoreline stabilization projects, but they must be
satisfactorily restored, see the first condition of this authorization.
❑ When restoration is required Please submit a project map of your property indicating the
area to be restored, and a restoration plan. The DWQ website (Helpful links),
http://h2o.enr.state.nc.us/ncwetlands/RiparianBufferRuies.htm may be helpful in the
preparation of the restoration plan.
This Buffer Authorization is not considered approved until the DWQ has received both
this signed form AND the project map.
Submit the requested information to:
Division of Water Quality
Attn: Surface Water/Buffer Program
943 Washington Square Mail
Washington, NC 27889
By your signature below you agree to be held responsible for meeting ALL of the above listed
conditions and verify that all information is complete and accurate. Only the property owner is
responsible for the second condition. Please be aware, violations of the above -listed conditions
are subject to civil penalty assessment of up to twenty-five thousand dollars ($25,000) per
violation per day.
Applicant/.�(gent's Signature
CAMA General Permit Number:
s0�09sc
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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►�_0 (-/--
Date
Nne
orthCarolina
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