81-18 Duarte, Mark & Diane

Permit Class Permit Number
NLW 81-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark and Diane Duarte, 221 Windward Dr., Elizabeth Citv, NC 27909
Authorizing development in Pas uotank County at adi. to man-made canal. off Little Fatty Creek &
Pasquotank River, at 221 Windward Dr., near Elizabeth City, as requested in the permittee's application dated 5/8/18,
including attached workplan drawings (4), all dated 4/18/18 and clarified in Condition No. 1 of this Dermit.
This permit, issued on July 27, 2018 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)i mese terms may ee suoject to rmes, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawing Page #2, incorrectly titled "Site Plan — Existing". Page #2 depicts the site plan as
proposed in the attached narrative and application.
2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved
bulkhead alignment.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Brax n C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Diane Duarte
Permit No. 81-18
ADDITIONAL CONDITIONS
Page 2 of 3
The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
The bulkhead shall be constructed prior to any backfilling activities.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
This permit does not authorize any excavation waterward of the approved alignment.
The fill material shall be clean and free of any pollutants except in trace quantities.
All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Prior to initiation of activities, the permittee is strongly encouraged to notify the adjacent crab
shedding operations of the potential for increased turbidity during construction.
Sedimentation and Erosion Control
A. ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
' written approval of the Division of Coastal Management.
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-01107 issued 7/23/18).
The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 18-0780.

Mark and Inane Duarte
Permit No. 81=18
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

ROY COOPER NORTH CAROLINA
Governor Env&vnInental Qaallty
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
July 13, 2018
Rollinson Marine Construction
Brandon Rollinson
406 Pasquotank Station Rd.
Elizabeth City, NC 27909
Dear Mr. Rollinson,
P144isvt
This letter is in reference to the application submitted for Mark and Diane Duarte, for a Coastal
Area Management Act Major Permit to undertake development activities to replace an existing
bulkhead, in Pasquotank County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make October 5, 2018 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone [phone] ext. 215) or e-mail ([e-mail]).
Cc: DCM Elizabeth City
Sincerely,
/11
Gregory W. Bodnar
Assistant Major Permits Coordinator
�D E
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Mark and Diane Duarte County: Pasquotank
LOCATION OF PROJECT: 221 Windward Drive, Pasquotank
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: May 8, 2018
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Lynn Mathis DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: 4 Date:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250 (100%)
PUBLIC NOTICE REC'D: Advertise: END OF NOTICE DATE: Comments due:
ADJ. RIP. PROP NOTICES REC'D: \\ DEED REC'D:
APPLICATION ASSIGNED TO: (� ���wha.� ON:
C) 75 DAY DEADLINE: 07/22/18 150 DAY DEADLINE: (a
MAIL OUT DATE: Circulation: 05/25/18 STATE DUE DATE: Comments due: 06/15/18
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
S(7 Pj
�C'r ar
Coastal Management - LUP Consistency
Division of Community Assistance
8
Land Quality Section--DEMLR
DWR/DWQ — Aquifer Protection
DWR/DWQ - Storm Water
(, ($ ��
'
DWR — Public Water Supply
State Property Office
(3
x
Division of Archives & History —Cultural Res.
Division of Env. Health —Shellfish Sanitation
S�o f�
Division of Highways --DOT
Wildlife Resources Commission
l3 (�
FtEemm
Local Permit Office/Planning Dept. /I
DMF—DCM Fisheries Resource Specialist
to 'b 2,
}�
MAY 2 9
Corps of Engineers
i ZS
�lD�
1(0 ( 611611 b NOW 2.010--olSty
``610 (,irk

F
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO:
Doug Huggett, Major Permits Coordinator
THROUGH:
Frank Jennings, District Manager
FROM:
Lynn Mathis, Field Specialist
DATE:
May 17, 2018
SUBJECT:
Mark and Diane Duarte CAMA Major Permit Application
ROY COOPER
G -amor
MICHAEL REGAN
Secretary
BRAXTON DAVIS
Director
The applicant's, Mark and Diane Duarte, propose to construct a new bulkhead an average of 2' waterward of
the current failing bulkhead: More specifically, the bulkhead is leaning out into the canal forming a trough with
a -1'-6" escarpment and a 273sf wetland pocket. The wetland pocket is a maximum of 9' wide (-5.46' average)
x 50'. The replacement of the bulkhead will involve excavating the area directly behind the bulkhead, pulling
back the original bulkhead and removing it as needed to construct a new bulkhead 2' waterward of the old
alignment. By doing this the applicant can maintain a straight alignment and reduce shallow bottom fill.
SECTION .0200 -THE ESTUARINE AND OCEAN SYSTEMS
15 NCAC 07H .0208 Use Standards
(b) Special Use Standards
(7) Bulkheads:
(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of
normal high water or normal water level;
Consistent: Location along the man-made canal will be a close as possible to facilitate
proper construction.
(B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant
adverse impacts to the resources;
Consistent: Unable to avoid small area of wetland fill.
(C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of
Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project
involving excavation from a non -upland source, the material so obtained may be contained
behind the bulkhead;
Consistent: Applicant will obtain backfill from a high ground commercial source.
(D) Bulkheads shall be permitted below normal high water or normal water level only when the
following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features,
e.g. steep grade bank, which will cause the applicant unreasonable hardship under the
other provisions of this Rule; Consistent
(ii) the bulkhead alignment extends no further below normal high water or normal water level
than necessary to allow recovery of the area eroded in the year prior to the date of
application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship
resulting from the unusual geographic or geologic features;
Consistent: NIA
Nothing Compares_..
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St I Suite 300 1 Elizabeth City, NC 27909
252-264-3901

4 , MOk & Diane Duarte
Recommendations
May 17, 2018
Page 2
(iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners; Consistent
(iii) the need for a bulkhead below normal high water or normal water level is documented by
the Division of Coastal Management; and,
Consistent: NIA
(iv) the property to be bulkheaded is in a non -oceanfront area. Consistent
(E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads.
Consistent: Existing bulkhead to be replaced.
Observations and Comments:
Based on my review of the North Carolina Administrative Code, the permit application and plans the
development proposed is consistent with the Division's rules. I recommend approval with standard conditions.
and the following condition:
Prior to beginning work, the applicant will notify all crab shedding operations along the same canal of
the temporary suspension of sediments in the water during construction of the bulkhead orshall install
a sediment curtain to prevent the movement of the suspended sediment within the canal.
Nothing Corrpares�
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St I Suite 300 1 Elizabeth City, NC 27909
252-264-3901

Coastal Management
ENVIRONMENTAL QUALITY
May 25, 2018
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
(1� - ��
MAY
0 1018
Shellfish Sarlitati
water peal°y RecreatlG al
ROY COOPER
Governor
MICHAEL S. REGAN
Semlary
BRAXTON C. DAVIS
Dimclor
RECEIVED
Shannon Jenkins _J JUN 0 4 2018
Environmental Health— Shellfish Sanitation DCM-MHD CITY
Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
CAMA Permit Application Review
Mark & Diane Duarte
221 Windward Drive, Pasquotank County
Replace a failing bulkhead that is leaning out into a man-made canal.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: /This agency has no objection to the project as proposed.
y 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.
SIGNDATE,53O/l t�
-Fi)� `Shanvlm �C li lS
!i Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

K'r;v-
doostalMonagement
ENVIRONMENTAL QUALITY
May 25, 20,18
MEMORANDUM
TO:
JUN 8 2018
LeePadrick
Division of Community Assistance
ROY COOPER
Govenmr
M1CH'AEL S. REGAN
8acrerary
BRAXTON C. DAVIS
471t>;OQr
FROM Doug Huggett, Major Permits Coordinator
c/o,Gregg,Bodnar; Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit ApplicationReview
Applicant: Mark && Diane Duarte
Project Location: 221 Windward,Drive, Pasquotank County
Proposed Project: Replace a failing bulkhead that is leaning outintoa man-made canal.
Please indicate below your agency's position or viewpoint on the proposed' project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247=3330).
If you have any questions regarding the proposed project, please'coritaet Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has, no objection to the project as,proposed.
agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are.
incorporated. See attached.
This agency objects to the project for reasons, described in the attached.
comments.
SIGNED �zQ --� DATE tH--T--/2
-:,>-Nothing Compares � -
State ofNmtli Carolina I EnvironmentalQuality I Coastal Management
401 S. Griffin St., Ste 3001 Llizatieltl,City, NC 27909
252-264-3901.1252-331-2951[fax]

Coastai'Managernent
ENVIRONMENTAL QUALITY
May 25, 2018
TO:
ROY,COOPER
Govemor
MICHAEL S. REGAN.
Secretary
RECEIVED BRAXTON C. DAVIS
vtreelor
JUN10 41010
WAVID
1.)CM-3en RECEIVED
RO
Shane Staples, Fisheries Resource Specialist
Division of Coastal Management, WaRO
JUN 1 1 201E
MP SECTION MHD
FROM: Doug Huggett, Major Permits Coordinator
Oct Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Mark & Diane Duarte
Project Location: 221 Windward Drive, Pasquotank County
Proposed Project: Replace a failing bulkhead that is leaning out into a man-made canal.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED.'.e DATE
- '•Nothing Compares. ..
State of North Carolina I Fnvicrnmental Quality I Create] Management
401 S. Griffin St, Ste 3001 Elizabeth City, NC 27409
252-264-39011252-331.2951 t11a]

Coastal Management
ENVIRONMENTAL QUALITY
.May 25,208'
,MEMORANDUM
T06 I Maria
�SUBJECT: CAMAF
Applicant: icantn Mark&
kOY'O.OQPER
MICHAEL S. REGAN'
seer"fary
BRAXTON C. DAVIS
Director
Commission
Coordinator
TaJor Permits, Coordinator
Review
Project Location: 221 Windward Drive,, Pa9quotank Coitfity
JUN 1 3 2018
MP SECTION MHb I
Proposed ,Project:' Replace a' -failing holkheAd,th.at is leaning out into a man=made� canal.,
P -
ltlease:indicafe belovV Your agency's position or viewpoint,. on the proposed project and return, this
,ffirrn by 06115118 to 466 Commerce Avenue ,,Morehead City. NC 28557 (fax: [phone]).
If you have, imyquestions regarding the prppq§ed. project please contact, Lynn Mathis at (252)
1164-3901. When appropriate, in-depth comments with supporting,,ddta arereqti6sted.
REPLY: —This,agency has no objection to the project as proposed.
I
This agency has no comment on.the proposed, project.
This Agency approves of the project only ifthe recommended changes are
incorporated., See attached.
y This agenc;objects to the project for reasons described in the attached
comments,.
SIGNED AAAM.I.ice DATE la- 2D 19
othing,Comparcs,,
,state of North Carolina I Envimateroal quality I Coastal Wmagament
401 S.0ifitaSt, 5ile300 I EUiabeflP'dty,NC2790u
252-264-3901 J252-33i-iI551 (11-1,

Bodnar, Gregg
From: Thorpe, Roger
Sent: Monday, June 18, 2018 2:20 PM
To: Bodnar, Gregg
Subject: CAMA Major - Mark & Dianne Duarte Bulkhead Replacement, Pasquotank County
G regg
The subject project will not require a State Stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy. Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
[e-mail]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
-!:5>Ttothing Con"res,�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

I,
RG
.Coastal Managemen t
ENVIRONMENTAL QUALITY
May 25, 2018
MEMORANDUM
TO:
JUN 0 4 2018
Watcr Ouyityl1a,li.
Operations al
8e0tion
Washinglon nopionai OfiicO
ROY COOPER
Goremoi
MICHAEL:S. REGAN
Seerelary
BRAXTON C. DAVIS
Drrenor
DECEIVED
JUN 1 8 2018
[VIP SECTION MHD
Anthony Scarbraugh,.DWR - Water Quality 401, WaRO
FROM: Doug Huggett, Major Permits, Coordinator
c/o Gregg Bodnar, Assistant Major Permits; Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Mark & Diane"Duarte
Project Location: 221 Windward Drive, Pasquotank County
Proposed Project:, .Replace a failing bulkhead that, is leaning out into a man-made canal.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at•(252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY; x This agency has no objection to the project as proposed.
This agency has no comment on the proposed project:
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED'— DATE yam. IV, aD1&,
1 5 as 18-- o`t @0
-'^Nothing Compares_- ,
State of North Carolina i Environmental Quality I Coastal Management
401,S. Griffin St., Ste 3001 rlizabeth City, NC 27909
252-264.39011252-331-2951 [fax]

KIr'o.
Coastal Management
ENVIRONMENTAL QUALITY
May 25, 2018
MEMORANDUM
TO:
Tim Walton, Director
State Property Office
RECEIVED
MAY 3 0 2018
DOA
STATE PROPERTY
OFFICE
ROY COOPER
Covemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Ulrecmr
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Mark & Diane Duarte
Project Location: 221 Windward Drive, Pasquotank County
Proposed Project: Replace a failing bulkhead that is leaning out into a man-made canal.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY:
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED WO -'A -AO —
DA
TE ZLwN4- %8� adfg
A110 4HW-W0O
-"'Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 ]fax]
8102 e t Nnr

3 d
r.
Coastal Management
ENVIRONMENTAL OL ALITV
May 25, 2018
MEMORANDUM
TO:
Charlan Owens, District Planner
Division of Coastal Management
ROY COOPER
Gowmor
MICHAEL S. REGAN
Secrerary
BRAXTON C. DAVIS
Dhector
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Mark & Diane Duarte
Project Location: 221 Wind Drive, Pasquotank County
Proposed Project: Replace a failing bulkhead that is leaning out into a man-made canal.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 06/15/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
Iroject for reasons described in the attached
DATE G' 14t2e(15
RECEIVED
-'-^Nothing Compares
State of North Carolina I Pnvuunnnental Quality I Coastal Managemeat
401 S. Griffin St.. Ste 3001 f lilaabeeth City, NC 27909
252-264-39011252-331-2951 [fax]
JUN 18 2018
DCM-MHD CITY

F
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coast Management
FROM: Charlan Owen ICP, NE District Planner
Division of Coastal Management
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: Major Permit Request by Mark and Diane Duarte to install 56 linear feet of
bulkhead with associated backfill on a manmade canal that connects to Little Flatty
Creek, at 221 Windwood Drive, in Pasquotank County.
DATE: June 14, 2018
Consistency Determination: The request is consistent with/not in conflict with the Pasquotank
County/Elizabeth City 2004 Advanced Core Land Use Plan
(LUP) certified by the CRC on February 9, 2012.
Overview: The subject property is a .45 acre lot with approximately 109 linear feet of shoreline
along a manmade canal that connects to Little Flatty Creek, a tributary of the Pasquotank River.
A 273 sq. ft. area of Section 404 wetlands is located along approximately 56 linear feet of
shoreline. The property is approximately 2 feet above Normal Water Level (NWL). Water depths
are approximately 4.1 feet at the shoreline. The property is located within the AE Floodzone.
Existing site improvements consist of a single-family residential structure and three (3)
outbuildings. Existing shoreline improvements consist of approximately 56 linear feet of bulkhead
and a boathouse. The bulkhead is leaning out into the canal, forming a trough that contains the
Section 404 wetlands.
Installation of 56 linear feet of bulkhead with associated backfill is proposed. The bulkhead will
extend an average of 2 feet waterward of the current bulkhead. The wetlands will be filled or
removed.
The waters of the Pasquotank River in this area are classified as SC and are closed to shellfish
taking. No Submerged Aquatic Vegetation (SAV) was observed at the project site. There are no
documented historic sites within a mile of the project site. There are no known geological
formations or archaeological sites associated with the property.
Anticipated Impacts resulting from this project are expected to include: the filling of 112 sq. ft. of
Public Trust Area of Environmental Concern (AEC) and 273 sq. ft. of Section 404 Wetlands within
the Public Trust Shoreline AEC, and; the grading of 1,117 sq. ft. of High Ground within the Public
Trust Shoreline AEC.
RECEIVED
Nothing Compares
State of North Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909
252 264 3901 -DCm M f%1TV
JUN 18 2018

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 3
Basis for Determination:
The project site is shown as "Mixed Residential' on the Pasquotank County Future Land Use Plan
Map (FLUPM).
A glossary of terms used in the policy statements is provided on Page 127. These include:
Continue: Follow past and present procedures to maintain desired goal, usually
with elected officials, appointed officials, and staff involved at all levels from
planning to implementation.
Encourage: To stimulate or foster a particular condition through direct or indirect
action the private sector or through local government regulation, staff
recommendation and decisions.
Promote: Advance the desired state through the use of local government policies
and codes and elected officials, appointed officials, and staff involved at all levels
of planning. This may include financial support.
Support: Supply the needed staff support, policies, and financial assistance at all
levels to achieve the desired goal.
The following LUP policy statements may be applicable to this request:
Water Quality:
Policy 1, Page 131.
"Ensure that water quality in coastal wetlands, rivers, streams, and estuaries
is maintained if not impaired and improved if impaired."
Areas of Environment Concern:
Policy 1, Page 132.
"Support state and federal law regarding land use and development in Areas
of Environmental Concern (AEC)."
Policy 2, Page 132.
"Within AEC, permit those land uses which conform to the general use
standards of the North Carolina Administrative Code (15 NCAC 7H) for
RECEIVED
Nothing Compares_
State of North Carolina I Environmental Quality l Coastal Management JUN 18 P018
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
2522643901
DCM-MHD CITY

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 3 of 3
development within the estuarine system. Generally, only those uses which
are water -dependent will be permitted in coastal wetlands, estuarine waters,
and public trust areas. Examples of permitted water -dependent uses include
utility easements, docks, boat ramps, dredging, bridges and bridge
approaches, revetments, culverts, groins, navigational aids, mooring pilings,
navigational channels, simple access channels, and drainage ditches."
Policy 4, Page 132.
"Restrict development in estuarine waters and public trust waters to those
uses which will not cause significant degradation of the natural function nor
condition of the estuarine waters and public trust areas."
RECEIVED
JUN 18 2018
DCM-MHD CITY
-�Nothtng Compares.`
State of North Carolina I Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Gr'rf7m Street, Suite 300 1 Elizabeth City. North Carolina 27909
252 264 3901

1C_
Frivirmorroreal Quality
June 28, 2018
Mr. Mark and Diane Duarte
221 Windward Drive
Elizabeth City, 27909
ROY COOPER
Gaverexrr
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
interim Director
DWR Project # 2018-0780
Pasquotank County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Lot 18, Glen Cove subdivision (221 Windward Drive); - Replace a failing bulkhead
that is currently leaning out into a man-made canal.
Dear Mr. and Mrs. Duarte:
You have our approval for the impacts listed below for the purpose described in your application
dated May 08, 2018 and received by the Division of Water Resources (Division) on June 4, 2018.
These impacts are covered by the attached Water Quality General Certification Number 4144
and the conditions listed below. This certification is associated with the use of Regional General
Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
1. The following impacts are hereby approved, provided that all the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]]
Type of Impact
Amount
Approved
(units)
Permanent
Amount
Approved
(units)
Temporary
Plan
location/
Reference
Attached
Wetlands
-----.-.-_--
W 1- fill
0.01(acres)
0 (acres)
Sheet 1 of 1
Open Waters
01-fill
0.00 (acres)
0 (acres)
Sheet 1 of 1
-7"-- "Nothing Compares?-.,
State of North Carolina i Environmental Quality i Water Resources -Water Quality Regional Operations Section -Washington Regional office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

221 Windward Drive
ATiN: Mark and Diane Duarte
D W R# 2018-0780
401 APPROVAL
Page 2 of 3
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certifications) 4144. [15A NCAC 026 .0507(c)]
Continuing Compliance
3. During construction of the proposed project,fueling, lubrication and general equipment
maintenance should not take place within 50 feet of a waterbody or wetlands to
prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A
NCAC 02B .0200 (3)(f)]
4. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/or sedimentation These measures should be
routinely inspected and properly maintained, an excavated materials should be
contained outside the wetland boundary. Excessive silt and sediment loads can have
numerous detrimental effects on aquatic resources, including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species. (15A NCAC 02H
.0506 (b)(3) and (c)(3))
5. This approval and their conditions are final and binding unless contested. [G.& 143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH.
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
221 Windward Drive
ATTN: Mark and Diane Duarte
DWR# 2018-0780
401 APPROVAL
Page 3 of 3
If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative.Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules.
Please contact Chris Pullinger at 252-948-3922 or chris.oullinzer@ncdenr:eov if you have any
questions or concerns.
Enclosures: GC 4144
Certification of Completion
Sincerely,
w1i
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail)
Ron Renaldi, DCM Elizabeth City (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
DWR WaRO 401 files
Laserfiche

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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4144
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF
ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA
MANAGEMENT ACT),
• NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH
AQUACULTURE ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
• WHEN APPLIED TO LAMA PERMITS, REGIONAL GENERAL PERMIT
NUMBERS 198000048,198700056,197800080,197800125 AND 198200277
AND NATIONWIDE PERMIT NUMBERS 3112,13, 14,18, 27, 29, 33, 35, 39,
AND 54
Water Quality Certification Number 4144 is Issued in conformity with the requirements
of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina. Regulations In 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the
discharge of fill material to surface waters and wetland areas as described In Regional
General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and
198200277 and in 33 CFR 300 Appendix A (B) (3,12, 13, 14, 18, 27, 29, 33, 35, 39, 48,
and 54) of the US Army Corps of Engineers Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500
and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

k9
GC4144
Activities meeting any one (1) of the following thresholds or circumstances
require written approval for a 401 Water Quality Certification from the Division
of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for activities authorized by CAMA
General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000,
2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria
are met for the activities listed below:
1) Boat Ramps and associated access (i.e. roads and parking lots) that
involve the excavation or filling of less than 500 square feet total of
wetland and open water area, with the exception that the excavation or
filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not
exceed 100 square feet;
11) Shoreline protection measures (excluding living shorelines/marsh sills)
that (1) tie into existing bulkheads, land or other shoreline protection
measures or (2) do not extend waterward of the normal high water or
normal water line more than 10 feet, provided the activity will not involve
the excavation or filling of any Submerged Aquatic Vegetation (SAV) or
significant shellfish resources (as identified by the Division of Marine
Fisheries) and impacts less than 500 square feet total of wetland, with the
exception that the excavation or filling of coastal wetlands (as defined In
15A NCAC 07H .0205) shall not exceed 100 square feet;
111) Living shorelines/marsh sills where (1) the landward edge of the sill does
not extend waterward of the normal high water or normal water line more
than 30 feet, (2) the activity will not Involve the.excavation or fill of any
Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as
Identified by the Division of Marine Fisheries), and (3) does not result in
any fill landward of the toe of the sill alignment, provided the Division of
Coastal Management representative submits a copy of the written
authorization for the General Permit to the Division upon Issuance; or
Iv) Piers and docks designed to accommodate up to but not exceeding 10
vessels (except where prohibited in Outstanding Resource Waters (ORW)
as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is
equal to or greater than two feet of water at normal low water level or
normal water level (whichever is applicable);
v) Maintenance dredging of less than 0.5 acres of open water or non -
vegetated wetlands, provided that the applicant can provide
documentation showing the historic dimensions of the dredged channel,
and no SAV or shellfish beds are excavated or filled;
vi) Projects that involve only shading of waters or wetlands that do not meet
the criteria listed in item (v) above;
vii) Utility lines, except wastewater lines and potable water discharge lines
which are subject to. an NPDES Permit, as long as all impacts are
temporary;
viii)Upland development which involves no more than 1/10 of an acre of
excavation or filling of non -coastal wetlands, with the exception than no
Page 2 of 12

GC4144
more than 2,000 square feet of the non -coastal excavation or filling may
take place within a Coastal Shoreline Area of Environmental Concern
(AEC). For the purposes of this area calculation, the excavation or filling
impacts of the entire project shall be considered, which may include boat
ramps, bulkheads or other shoreline stabilization measures; and
lx) Single family home construction that results in fill of 404 jurisdictional
wetlands as long as written. concurrence is not required from DWR for the
applicable US Army Corps of Engineers Nationwide Permit; or
c) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48,
provided the Division of Marine Fisheries (DMF) Lease Program submits the
proposed site map and investigation report to DWR for comment prior to the DMF
Director's recommendation on the application for public notice or denial; or
d) Any stream relocation or stream restoration; or
e) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the
density thresholds specified In 15A NCAC 02H .1017, which:
1) Disturbs one acre or more of land (Including a project that disturbs less than
one acre of land that Is part of a larger common plan of development or sale);
and
11) Proposes permanent wetland, stream or open water impacts; and
111) Proposes new built -upon area; and
Iv) Does not have a stormwater management plan reviewed and approved under
a state stormwater program' or a state -approved local government
stormwater programz.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
Implemented stormwater programs and projects that satisfy state or locally -
Implemented stormwater programs through use of community in -lieu programs
require written approval; or
f) Any impacts except shading to SAV or significant shellfish resouroes.as identified by
the (DMF); or
g) Any impacts Unique Wetlands (UWL); or
h) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500). NC Isolated Wetland
Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC
02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
1) Any Impacts to subject water. bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin
or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) unless:
1) The activities are listed as "EXEMPT" from these rules; or
Ii) A Buffer Authorization Certificate is issueO.by the NC Division of Coastal
Management (DCM); or
e.g. Coastal Counties, HQW, ORW, or state -implemented Phase 11 NPDES
Y e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal
Stormwater Management Program
Page 3 of 12

GC4144
ill) A Buffer Authorization Certificate or a Minor Variance is issued by a
delegated or designated local government implementing a state riparian
buffer program pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the
thresholds listed above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish
waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or
Wilmington (910-796-7215) Regional Office, as applicable, are notified and provide
approval prior to the release. [15A NCAC 02B".0221]
2. If this Water Quality Certification is used to access residential, . commercial or
industrial building sites, then all parcels owned by the applicant that are part of the
single and complete project authorized by this Certification must be buildable without
additional Impacts to streams or wetlands. If required in writing by DWR, the
applicant shall provide evidence that the parcels are buildable without requiring
additional impacts to wetlands, waters, or state regulated riparian buffers. [15A
NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural
high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland -Rules (15A NCAC 02H
.0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated
Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet
and may be staggered or overlapped or left open as long as the five-foot separation
between sections is maintained. Overlapping sections shall not overlap more than
10 feet. [15A NCAC 02H .0,506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion
control measures necessary to prevent an Increase in sedimentation and turbidity
within waters and wetlands outside the permitted area. This shall include, but is not
limited to, the Immediate Installation of silt fencing, turbidity curtains or similar
appropriate devices around all areas subject to soil disturbance. Additionally, the
project must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)]
Page 4 of 12

GC4144
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine
Fisheries Commission) shall be coordinated with the appropriate NC Wildlife
Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC
Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B .0221]
8. For the North Carolina Department of Transportation, compliance with the NCDOTs
Individual NPDES permit NCS000250 shall serve to satisfy this condition. All other
high- density projects that trigger threshold Item (f) above shall comply with one of
the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Storwater Management Plan (SMP) for review and
approval, including all appropriate storwater control measure (SCM)
supplemental fors and associated Items, that complies with the high -density
development requirements of 15A NCAC 02H .1003. Storwater management
shall be provided throughout the entire project area in accordance with 15A
NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density
thresholds shall be determined In accordance with 15A NCAC 02H .1017.
b. Provide documentation (Including calculations, photos, etc.) that the project will
not cause degradation of downstream surface waters. Documentation shall
Include a detailed analysis of the hydrological Impacts from storwater runoff
when considering the volume and velocity of storwater runoff from the project
built upon area and the size and existing condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
It. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project
are incorporated into the authorization by reference and are an enforceable part of
the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC
02H .0501 and .0502)
2. No waste, spoil, solids, or fill of any kind shall occur In wetlands or waters beyond
the footprint of the Impacts (including temporary impacts) as authorized in the written
approval from DWR; or beyond the thresholds established for use of this
Certification without written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other Impacts of any kind shall occur to state regulated
riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or
Variance or as listed as an exempt activity In the applicable riparian buffer rules.
[15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10,
compensatory mitigation may be required for losses of greater than 300 linear feet of
perennial streams and/or greater than one (1) acre of wetlands. Impacts associated
with the removal of a dam shall not require mitigation when the removal complies
with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina
Page 5 of 12

GC4144
General Statutes. Impacts to Isolated and other non-404 jurisdictional wetlands 'shall
not be combined with 404 jurisdictional wetlands for the purpose of determining
when Impact thresholds trigger a mitigation requirement. For linear publicly owned
and maintained transportation projects that are not determined to be part of a larger
common plan of development by the US Army Corps of Engineers, compensatory
mitigation may be required for losses of greater than 300 linear feet per perennial
stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation
within a project site, a complete mitigation proposal developed In accordance with
the most recent guidance issued by the US Army Corps of Engineers Wilmington
District shall be submitted for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian
Buffer Rules In Chapter 2 of Title 15A. .
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of
1973). Regardless of applicability of the Sediment and Pollution Control Act, all
projects shall Incorporate appropriate Best Management Practices for the control of
sediment and erosion so that no violations of state water quality standards, statutes,
or rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified In the most recent
version of theNorth Carolina Sediment and Erosion Control Manual, or for linear
transportation projects, the NCDOT Sediment and Erosion Control Manual.
- - - - All devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) sites, including contractor -owned or leased'borrow pits associated with the
project. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion •and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface- Mining Manual. Reclamation measures and
implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), SA. WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource
Waters (ORIN), then the sedimentation and erosion control designs shall comply
with the requirements set forth in 15A NCAC 04B .0124, Design Standards in
Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed In wetlands or waters
except within the footprint of temporary or permanent Impacts authorized under this
Page 6 of 12

GC4144
Certification. Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0501 and .0502] ,
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not
be used'along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for
construction projects that disturb one (1) or more acres of land. The NCG010000
Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated in the conditions of the permit. If the project is covered by this
permit, full compliance with permit conditions including the erosion & sedimentation
control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department'of Transportation (NCDOT) shall be required to be
In full compliance with the conditions related to construction activities within the most
recent version of their individual NPDES (NCS000250) stormwater permit. 115A
NCAC 02H .0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices
from the most current version of the NC Sediment and Erosion Control Manual, or
the NC DOT Construction and Maintenance Activities Manual, such as sandbags,
rock berths, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)]
10.If activities' must occur during periods of high biological activity (e.g. sea turtle
nesting, fish spawning, or bird nesting), then biological monitoring may be required
at the request of other state or federal agencies and coordinated with these
activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine
Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be
implemented. Exceptions to this condition require mitten approval by the resource
agency responsible for the given moratorium. A copy of the. approval from the
resource agency shall be forwarded to DWR. .
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate
WRC, USFWS, NMFS, and/or DMF personnel.
11.Culverts shall be designed and installed in such a manner that the original stream
profiles are not altered and allow for aquatic life movement during low flows. The
dimension, pattern, and profile of the stream above and below a pipe or culvert shall
not be modified by widening the stream channel or by reducing the depth of the
Page 7 of 12

GC4144
stream in connection with the construction activity. The width; height, and gradient
of a proposed culvert shall be such as to pass the average historical low flow and
spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(bx2) and
(c)(2)]
Placement of culverts and other. structures in streams shall be below the elevation of
the streambed by one foot for. all culverts with a diameter greater than 48 inches,
and 20% of the culvert diameter for culverts having a diameter less than or equal to
48 inches, to allow low flow passage of water and aquatic Ile.
If multiple pipes or barrels are required, they shall be designed to mimic the existing
stream cross section as closely as possible Including pipes or barrels at flood plain
elevation and/or sills where appropriate. Widening the stream channel shall be
avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert
burial Is not required, provided that all alternative options for flattening the slope
have been Investigated and aquatic fife movement/oonnectivity has been provided
when possible (e.g. rock ladders, cross vanes, etc.). Notification, including
supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 60 calendar days prior
to the installation of the culvert.
When bedrock is present In culvert locations, culvert burial is not required, provided
that there is sufficient documentation of the presence of bedrock. Notification,
including supporting documentation such as, a location map of the culvert,
geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60
calendar days prior to the installation of the culvert. If bedrock is discovered during
construction, then DWR shall be notified by phone or email within 24 hours of
discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts
as described above and/or it can be demonstrated that burying the culvert would
result in destabilization of the channel, then exceptions to this condition require
application to and written approval from DWR.
Installation of culverts In wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges shall be provided to
maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank
stabilizafion techniques shall be used where practicable instead of rip -rap or other
bank hardening methods.
Page 8 of 12

12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the
maximum extent practicable (e.g. grassed swales, pre -formed scour holes,
vegetated buffers, etc.) before entering the stream. —Exceptions to. this condition
require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)]
13.Application of fertilizer to establish' planted/seeded vegetation within disturbed
riparian areas and/or wetlands shall be conducted at agronomic rates and shall
comply with all other Federal, State and Local regulations. Fertilizer application shall
be accomplished in a manner that minimizes the risk of contact between the fertilizer
and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231 ]
14.If concrete is used during construction, then all necessary measures shall be taken
to prevent direct contact between uncured or curing concrete and waters of the
state. Water that Inadvertently contacts uncured concrete shall not be discharged to
waters of the state. 115A NCAC 02B .02001
15.AII proposed and approved temporary fill and culverts shall be removed and the
impacted area shall be returned to natural conditions within 60 calendar days after
the temporary impact is no longer necessary. The impacted areas shall be restored
to original grade, Including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed profile. For projects that receive written
approval, no temporary impacts are allowed beyond those included in the application
and authorization. All temporarily impacted sites shall. be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
16.AII proposed and approved temporary pipes/culverts/rip-rap pads etc, in streams
shall be installed as outlined In the most recent edition of the North Carolina
Sediment and Erosion Control Planning and Design Manual or the North Carolina
Surface Mining Manual or the North Carolina Department of Transportation Best
Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A
NCAC 02H .0506(b)(2) and (c)(2)]
17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration
of temporarily disturbed areas §hall be restricted to the area directly Impacted by the
approved construction activity. All rip -rap shall be placed such that the original
stream elevation and streambank contours are restored and maintained. Placement
of rip -rap or other approved materials shall not result In de -stabilization of the stream
bed or banks upstream or downstream of the area or In a manner that precludes
aquatic life passage. [15A NCAC 02H .0506(b)(2)]
16.Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of
clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be
installed in the streambed except in speck areas required for velocity control and to
ensure structural Integrity of bank stabilization measures. 115A NCAC 02H
.0506(b)(2)]
Page 9 of 12

GC4144
19.Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401
(NC Division of Coastal Management General Permit for construction of Wooden
and Rip-rap.Groins In Estuarine and Public Trust Waters) shall meet all the specific
conditions for design and construction specified in 15A NCAC 07H .1405.
20.All mechanized equipment operated near surface waters shall be Inspected and
maintained regularly to prevent. contamination of surface waters from fuels,
lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in
order to minimize the exposure of equipment to surface waters to the maximum
extent practicable. Fueling, lubrication and general equipment maintenance shall be
performed in a manner to prevent, to the maximum extent practicable, contamination
of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A
NCAC 02B .0211 (12)]
21.Heavy equipment working in wetlands shall be placed on mats or other measures
shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22.In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface
waters; any petroleum spill regardless of amount occurring within 100 feet of surface
waters; and any petroleum spill less than 25 gallons that cannot be cleaned up
within 24 hours.
23.If an environmental document Is required under the State Environmental Policy Act
(SEPA), then this General Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
If an environmental document is required under the National Environmental Policy
Act (NEPA), then this General Certification is not valid until a Categorical Exclusion,
the Final Environmental Assessment, or Final Environmental Impact Statement is
published by the lead agency [15A NCAC 01C .0107(a)]
24.This General Certification does not relieve the applicant of the responsibility to
obtain all other required Federal, State, or Local approvals before proceeding with
the project, including those required by, but not limited to Sediment and Erosion
Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
25.The applicant and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (Including any requirements resulting
from compliance with §303(d) of the Clean Water Act), and any other appropriate
requirements of State and Federal Law. If DWR determines that such standards or
laws are not being met, Including failure to sustain a designated or achieved use, or
that State or Federal law Is being violated, or that further conditions are necessary to
assure compliance, then DWR may revoke or modify a written authorization
associated with this General Water Quality Certification. ]15A NCAC 02H .0507(d)]
Page 10 of 12

GC4144
26.The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction
or maintenance of this project with a copy of this Certification. A copy of this
Certification, Including all conditions shall be available at the project site during the
construction and maintenance of this project. 115A NCAC 02H .0507 (c) and 15A
NCAC 02H .0506 (b)(2) and (c)(2)]
27. When written authorization is required for use of this Certification, upon completion
of all permitted Impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion
(available on the DWR website httos://edocs.deci.ne.gov/Forms/Certificate-of-
Comoletion). 115A NCAC 02H .0502(f)]
28.Additional site -specific conditions, including monitoring and/or modeling
requirements, may be added to the written approval letter for projects proposed
under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards. [15A NCAC 02H .0507(c)]
29.If the property or project is sold or transferred, the new permittee shall be given a
copy of this Certification (and written authorization if applicable) and is responsible
for complying with all conditions.. [75A NCAC 02H .0501 and .05021
III. GENERAL CERTIFICATION ADMINISTRATION:
In accordance with North Carolina General Statute 143-215.3D(e), written approval
for a 401 Water Quality General Certification must include the appropriate fee. An
applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes
for which a Water Quality Certification is required shall only make one payment to
satisfy both agencies; the fee shall be as established by the Secretary in accordance
with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in
any waters, or any right of use in. any waters. This Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of
any other person and this Certification does not create any prescriptive right or any
right of priority regarding any usageof water. This Certification shall not be
interposed as a defense In any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue
of this Certification to possess any prescriptive or other right of priority with respect
to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of
the Director, or DWR staff, upon the presentation of proper credentials, to enter the
property during normal• business hours. 115A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions In
Page 11 of 12

GC4144
effect on the date of Issuance of Certification for a specific. project shall remain in
effect for the life of the project, regardless of the expiration date of this Certification.
This General Certification Is rescinded when the US Army Corps of Engineers
reauthorizes any of the corresponding Nationwide Permits and/or Regional General
Permits or when deemed appropriate by the Director of the Division of Water
Resources.
5. Non-compliance with orviolation of the conditions herein set forth by a specific
project may result in revocation of this General Certification for the project and may
also result in criminal and/or civil penalties.
6. The Director of the North Carolina Dlvlslon of Water Resources may require
submission of a formal application for Individual Certification for any project in this
category of activity if it is deemed in the public's best interest or determined that the
project is likely to have a significant adverse effect upon water quality, including
state or federally listed endangered or threatened aquatic species,, or degrade the
waters so that existing uses of the water or downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4144 issued December 1,
2017 replaces WQC 4097 issued March 6, 2017; WQC Number 3900 issued March 19,
2012; WQC Number 3641 and 3642 Issued March 19, 2007, W.QC Numbers 3371 and
3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number
3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995.
Page 12 of 12

N rw
Water Resources
Environmental Quality
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland
County:
ROY COOPER
Goverrror
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit,
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I; hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) In the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Registration No.
Date
- % :' icthlnj Compar:'; -,—
State of North Carolina 1 Env1r0➢meotal Quality I Water Rewntccs-Water Quality Regional Operations Sa.$on-Washington Regional Office
943 Washington StIMM Mall, Washington, Nonh Carolion 27889
252-946-6481

July 23, 2018
Regulatory Division
Action ID No. SAW-2018-01107
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Mark Duarte to replace an existing 109 linear foot
bulkhead while impacting 273 square feet of jurisdictional wetlands located at 221 Woodwind
Drive, adjacent to a man-made tributary to Little Flatty Creek, south of Elizabeth City, in
Pasquotank County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land.clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by

the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency

61 Forsyth Street, SW
Atlanta, Georgia 30303
Frank Jennings, District Manager
Elizabeth City Field Office
North Carolina Division of Coastal Management

DCM Coordinator: 3,Dp jok Permit
r IP
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
MAILING DISTRIBUTION SHEET
(with revised work plan drawings)
7909
f? d.
C/•ia6efik �Zt /tc
z79os
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
,Josh Peletier (Berie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NCbOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley
Heidi Cox (WIRO)
Clif Whitfield (WARD)
Shane Staples
Curt Weychert
i David Harris
i
Shannon Jenkins
Tim Walton
DEMLR/DWR: ,
Karen Higgins
Washington:
Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: /
Maria Dunn (WARO) y
(NCDOT) Travis Wilson
LPO:
Fax Distribution:
Permittee #: Agent#

Coastal Management
ENVIRONMENTAL QUALITY
Mark & Diane Duarte
221 windward Drive
Elizabeth City, NC 27909
Dear Sir and Madam:
August 1, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
Sincerely,
v Aelt
Douglas V. Hugg
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Qualtty l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808

ooM NF4
APPLICATION for 14AY 8- 2018
Major Development Permit ®cM-EC
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
HAPK
MI
Last Name
7UAT-( E
Applicant 2: First Name
niAK F,
MI
Last Name
2�
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
22( W(u0WA1zID DZ•
PO Box
City
State
ZIP
219c-9
Country
fhSRlojal%IK
Phone No.
ext.
FAX No.
Street Address (if different from above)
SAME
City
State
ZIP
Email
2. Agent(Contractor Information
Business Name
R()#'WjyN /11104A)f
(otJgfuG iU/J
Agent/ Contractor 1: First Name
A4-,PJ UrJ
MI
/14
Last Name
XX[;JN5�N
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
a6 nv)aA+K 5441,N
/-0
PO Box
City
,. -1 <<�>
State
Nc
ZIP
Phone No. 1
Phone No. 2
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
nt-t%ff n trrr%
<Form continues on back>
v a-v
MAY 2 9 2018
252-808-2808 :e 1-888-4RCOAST :: www.neeoastalmanagemsnttaCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3 '�rtectLocafioh�""
County (can be multiple)
RA-P�,5(AQ K
Street Address
221
State Rd. #
Subdivision Name
City
State
Zip
GLall cov _
Euz. ct rl;
QC_
S;79C9
Phone No.
i
Lot No.(s) (if many, attach additional page with list) j
- 33�, - 3Z3 -
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
RA' SQU611i AU K
-!5T • -'+0WA5 cA&L&L.
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural Z[Manmade []Unknown
PA5QLL0TA&1 t�_ Rj vEJZ
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
Yes []No
work falls within. 1- SepLiLrIKPJK CoupuTII3
v ,
4 5+te Descn�►f�an ` a v.777777
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
c. Size of individual lot(s)
Zit �JSSSf— q2
d. Approximate elevation of tract above for
, of}L.
NWL(normal water level)
(If many lot sizes, please attach additional page with a list)
❑NHW or ❑NWL
e. Vegetation on tract
f. Man-made features and uses now on tract F�oATItW SE �jLIL.K F+E.'7�r] 5Zl2sC�E "i�7UlU7rAIr�
r
,
5L—Tmc I t:2L✓LWAr I CA4AP63Z
g. Identify and describe the existing land uses adiacent to the proposed project site.
26�InLs:i j I A I
h. Howdoes local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
ZeStlnE& A� MC-FALFi (1D)°i G jS
(Attach zoning compliance certificate, if applicable)
(4Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes f qNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes XiNo XNA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes )(No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808-2808 :: 1-888.4RCOAST :: www.necoastalmanagement net

FonrtDCM MF-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? )(Yes []No
(ii) Are there coastal wetlands on the site? ❑Yes ❑No
Receive
(III) It yes to either (I) or (it) above, has a delineation been conducted? ❑Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
DCM-E
o. Describe existing drinking water supply source. 'C ouili 1Y WATWL
p. Describe existing storm water management or treatment systems..
Mold E : SLIrCFM.6-- IZUNOFF
5. Activities and Impacts ,
a.
Will the project be for commercial, public, or private use? [-]Commercial ❑Public/Government
4
,Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
2ESIT70JTTA1
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored. ��1 '"��
J �T PuM p , n ITc.-C1 W t za-I , T►2A crbR
d.
List all development activities you propose.
Vt�Uk� k—u-r F)u uz I i&--P1 17 w gWKFTc_c_
e.
Are the proposed activities maintenance of an existing project, new work, or both?
MM urtUAC F—
f.
What is the approximate total disturbed land area resulting from the proposed project? j 31)Q MSq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes AINo ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state. .jZl, MOFF
I.
Will wastewater or stonnwater be discharged into a wetland? []Yes RNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No MA
j.
Is there any mitigation proposed? ❑Yes KNo ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
MAY 2 9 2018
a eaTy
252.808-2808 .. 1-888-4NCOAST .. www.nccaastalmanagernent.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for..
Major Development Permit
6 Addit`ionallnformaf3on ,:.
In addrbon t0 thrs completed applicalloh /onn, (MQ 1) the following rfems below ffappbcable, must be sutimdted in orderfor the appGcabon
`package lobe complete. 'Items (a) -(t) are always-'applrcable to any ma�o[ developmenfsppGcaban Please consUft,?he appltca6oq
-;jnsWcbonbooklet on hoiv to properlypfepare the requued rfems pelow _
a A prolecbnairative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or•location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of thedeed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR. .�
f.'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. u. Name �. �0�,5�`�•i1..jGtTr �, lY-i�t.!�}il��: + � i 2�. �1 ScrJ hone No q� i. �� �:
rr,
Name %�7 r7 1��� Phone No
Address ZZS �/VlA{ 7� 17t21✓E 75-7 729 G��2
Noma i
Address
r .k
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 4 J/P Print Name Wip'N atolt;nw)
Signature
Please indicate application attachments pertaining to your proposed project.
MDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
252-808.2808 :: 1.888-4RCOAST :: www.necoastaimanagement.net

Form DCM MP-2 Received
EXCAVATION and FILL MAY S- 2018
(Except for bridges and culverts) DCM-EC
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. Please include all supplemental information.
nacrrlha halnw the nurnose of Dr000sed excavation and/or fill activities. All values should be given in feet.
Access
Rock
Other
(excluding
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Breakwater
shoreline
(NLW or
stabilization
NWL)
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
4 EXCAVATION This section not applicable
a. Amount of material to be excavated from below NNW or NWL in b. Type of material to be excavated.
cubic yards.
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW) submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ []SAV ❑SB _
[]WL _ ❑None
(h) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2 DISPOSAL OF EXCAVATED MATERIAL I nrs section nor appncaore
a. Location of disposal area. b. Dimensions of disposal area.
c. (1) Do you claim title to disposal area?
[]Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
[]WL _ []None
(ii) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(if) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
MAY 2 9 2018
252-808.2808 :: 1-888-4RCOAST :: www nccoastalmanagement.net rev se : ME 06

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3 : SHdRELINE ST�1 B/LIL4T/QN � , ❑Tl1s secbon not appl{cable
Iftlevelo ment rs a wood roin, use P 1 Structures)
a. Type of shoreline stabilization: b. Length: _(v'
Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL:
r
Width: 2'
d. Maximum distance waterward of NHW or NWL:
2'
e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12
I�t�h ^ 2 s (oRADE months?
❑Yes XTNo ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill JC SF Riprap _ - 'DuT/SAW?
Breakwater/Sill Other
i. Source of fill material.
CGwt At 6/40 AR« .
%f `v OTHER F1lL ACTLVITIES t n 1 k . ' . Thrssecborrndf apiil�eable
(EzcludrngShorehn89tabtlrzatronJ
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CM.
If yes,
(ii) Amount of material to be placed in the water
(Ili) Dimensions of fill area
(iv) Purpose of fill
a. now win excavatea or nu material oe Kept on
controlled?
wit-�r1ia �
C. (i) Will navigational aids be required as a result of the project?
❑Yes Pallo ❑NA -
(ii) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the fill in these areas:
� ° r
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
�a pump —I tr Q-m
6Tcl+ L�,Tut
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes DENO ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Name,
Signature
252-808.2808 :: 1.886.4RCOAST a www.nccoastaimanaaement.net revised: 12126/06

Received
MAY 8 - 2018
DCM-EC
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6� MPMA$192018

NAJL

A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mark and Diane Duarte
2. LOCATION OF PROJECT SITE: 221 Windward Drive, Glen Cove Subdivision, on a
man-made canal off Little Flatly Creek and the Pasquotank River, in Pasquotank
County.
Photo Index: 2006: 248-6998 V-7
Latitude: 36'10'29.028" N Longitude: 76°04'39.47" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: April 5, 2018
Was Applicant Present: Yes
5. PROCESSING PROCEDURE: Application Received Complete: May 8, 2018
Office: Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Pasquotank County
LUP Land Classification: Conservation
(B) AEC(s) Involved: PTA & PTS
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing: Septic System
Planned: None
(F) Type of Structures: Existing: Dwelling, outbuildings, failing bulkhead, concrete
riprap, boathouse and landward deck.
Planned: Replace failing bulkhead 2' waterward of existing
structure.
(G) Estimated Annual Rate of Erosion: 0'
ri
I-IARITAT r1FCrRIPTIr1N• t;RAnFn FII I FD SHADING
(A) Water Bottom:
(PTA)
111.5sf
(B) Wetlands:
273sf
(C) High Ground:
1,117sf
(D) Total Area Disturbed: 1,502.5sf or .0344 acres
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Proposed development will include the replacement of a failing
bulkhead that is leaning out into a man-made canal. Replacement will result in the filling
or removal of 273 square feet of non -coastal wetlands.
RECEIVED
MAY 2 9 Z018
DCM-MHD CITY

Mark and Diane Duarte
Field Investigation Report
Page 2
Project Setting
The applicant's property is located off Soundneck Road (SR 1104) in Weeksville, Pasquotank
County, North Carolina, is more specifically being Lot 18 and a portion of Lot 17 in Section A,
Part 3 of Glen Cove Subdivision, or 221 Windward Drive.
The project site consists of 19,602 square feet (sf) situated along -109' of man-made canal
adjacent to Little Flatly Creek, a tributary of the Pasquotank River. Glen Cove is a waterfront
residential subdivision with an average elevation of two feet above normal water level.
Existing development on the property consists of a residence, three out buildings, a boathouse,
and a failing bulkhead that is leaning into the canal approximately 2.25' in the center. The area
just landward of the bulkhead has sunk and formed a 273sf trough with an emergent wetland
that primarily consists of pennywort, common rush and cattail. Additional vegetation on the
property consists of a mix of domestic grasses and ornamentals.
Water depths immediately waterward of the existing bulkhead average -4.1'. The Little Flatly,
adjacent to the project site is not a known submerged aquatic habitat, and no vegetation was
found within the proposed work area.
Glen Cove is a residential subdivision Zoned RMH-15 (Residential - Mobile Home 15,000sf lot
minimum) by the Pasquotank County Planning Department. Adjacent property uses are
residential. Most of the high ground within the subdivision was created from spoil deposition
during the excavation of the canals.
There are no documented historic sites within a mile of the project site. There are no known
geologic formations or archaeological sites associated with the applicant's property.
Development Proposal
The applicant's, Mark and Diane Duarte, propose to construct a new bulkhead an average of 2'
waterward of the current failing bulkhead. More specifically, bulkhead is leaning out into the
canal forming a trough with a -1'-6" escarpment and a 273sf wetland pocket. The wetland
pocket is a maximum of 9' wide (-5.46' average) x 50'. The replacement of the The
will
involve excavating the area directly behind the bulkhead, pulling back the original bulkhead and
removing it as needed to construct a new bulkhead 2' waterward of the old alignment. By doing
this the applicant can maintain a straight alignment and reduce shallow bottom fill.
Installation of the pilings will be by pump and will cause siltation in the adjacent waters. There
are crab shedding operations along the same canal and could be affected by the installation.
Anticipated Impacts
1) Loss of 273sf of non -coastal wetlands.
2) Temporary localized turbidity of adjacent waters during installation of the bulkhead.
3) The anticipated turbidity could impact nearby in water crab shedders.
D

Mark and Diane Duarte
Field Investigation Report
Page 3
4) Treated wood leaches over time in surrounding waters and sediment. The amount of
leaching is dependent on the type of organic material present in the water bottom
substrate, oxygen levels and water movement; however, it is estimated that 90% of the
leaching will occur within the first 90 days.
Submitted by: Lynn Mathis
Date: May 14, 2018
RECEIVED
MAY 2 9 2018
DCM-MHD CITY

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11/08/2004 10:45 7575235417 ROSE WOMBLE REALTY
Nov-09-04 10105 Providonco R4 l extatr 242 841 llo6
QUSEor m NMI �,ID,o
AM AMC CCMD U"m IR awq' LAME
VMN1TpRICD RVNPHC (F M, IGYRn1
M9 YM Im; NOI
ACCCRUM TO JIM 47- (h (III BCKomst it IS
AN 00IN6 PARon.
NOTE: THIS LOT 15 RI FLOOD HAZARD AREA: A3-6
AOCOR04MG TO FEMA MAP 370164 9215 B
DECEMBER A. 19M
S'T. 1'I10MAS WATERWAY
S49'04 31.E
7.5
NMI n
rQ][
I
swat srav
N40'53'37"F, 147.2 wt twu
147.32' fACRES
12
/?UU RAMAINDER
OF LOT 17
50D.1' 1010'
35.0"'
N39'37'oB'w
WINDW000 11RIVE
74.89'
N 39'54' 2 a"W
60' R/W SR 1204
L HENRY CUNINONAM. PROFESSIONAL SURVEYOR,
DO CERTIFY THAT TNIS MAP WAS ORAKN FROM
AN ACTUAL. SURVEY BY ME, THAT THIS MAP WAS
DRAWN IN ACCORDANCE VATH BOARD RULES,
THAT THIS MAP SNOWS THE LAND DESMMp IN
DEED BOOK 835 AND 598, FADES S.TB AND 157
IN THE PASOUDTANK COUNTY RECITMR THAT THE
ERROR OF CLOSURE IS 1:20,DOD< AS COMPUTED
BY OMD. IWINESS MY ORTOWAL SIONTURE,
RECTSTRATUON NUMBER AND SEAL,
TKS THE 17 DAY OF APRIL 2000,
L-Isle IN
L l/ �
CODS EDGE WDOD DRIVE vos
ELIZABETH CI7Y. NC 27200 yAM �I
LOT 18 AND 1/2 DF LOT 17 SEDTION
IN MD 5 PA 57 Y CU9
OWN BY ANNA CUMNCHAN •...,„,n
LOT 19
HWSE AND LOT SURVEYED PCR
LONG KIM HUYHN
AND
KIEU THI HGUYEN
221 WINDWOOD DRIVE
SALEM TOWNSHIP
GLEN CAVE
SANK COUNTY, NORTH L
CAM APRIL 17, "
SCALE: T- x 40
0 m Y
I inch .
PAGE 02/03
P.03
Received
MAY 8 - 2010
DCM-EC
292018
HID CITY

BOOK 837 PAGE 500
Y Ioauod Jan 18 2000
Y 4250.00
auto .+ Paa;yttlt
North Csrol'ns n"
Space Above This Line For Recording Data
FILED h Paoyquotonk County NC
on Jon 1B 2005 at W:61:37 Ph
by: Dohs J. Sumnorour
REGISTER OF DEEDS
PASQUQTiV III CUUN I Y
Deed number ()-5' -� D
Transfer tax $ 101 sa Oewe
-A -- --
Pasquotank Counq• Assessor's Office
NORTH CAROLINA GENERAL WARRANTY DEED
Prepared by W. Brock Mitchell, Attorney
Return to Brumsey ik Brumsey, PLLC
Excise Tax: $250.00
Transfer Tax: $1,250.00
North Carolina, Pasquotank County
file no. 04B34615.1
Tax Parcel: 886901254210
Received
k1AY 8 -- 2f:t7
DCM-EC
THIS GENERAL WARRANTY DEED made this 16'^ day of December, 2004, by and between
Nhi Kiev T. Nguyen and husband, Long Kim Huynh (hereinafter collectively referred to as "Grantor"),
and Mark J. Duarte, whose mailing address is 221 Windwood Drive, Elizabeth City, NC 27909
(hereinafter referred toas"Grantee"): ** Diane Lisa DuaIIte, husband and wife
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has given, granted, bargained, sold, and conveyed, and by these presents does hereby give,
grant, bargain, sell, and convey unto said Grantee, Grantee's heirs, successors, administrators and assigns,
all of that certain piece, parcel, or tract of land situate, lying and being in Elizabeth City Township,
Pasquotank County, State of North Carolina, and being more particularly described as follows:
All that certain lot or parcel of land situated in Salem Township, Pasquotank County,
North Carolina and being all of Lot 18 and a portion of Lot 17, Section A, Part 3,
Glen Cove, as shown on that certain plat prepared by S. Elmo Williams, Reg.
Surveyor, under date of February 24, 1969, recorded in Map Book 3, page 67,
Pasquotank County Registry, and being more particularly described by metes and
bounds as follows:
BEGINNING AT A POINT marked by an existing iron pipe in the southerly margin of
SR 1204 (Windwood Drive 601R/99, said point being situated 588.1 feet as measured
in a general northwestwardly direction along the said southerly margin of SR 1204
from the centerline of Dogwood Circle, thence from said POINT OF BEGINNING
DECEIVED
MAY 292018
DCM-MHD CITY

BOOK B37 PAGE 501
and running along the southerly margin of SR 1204, North 39 ' 54' 24" West 74.89
feet to an existing iron pipe; thence cornering and running South 49'39' 13" West
18619 feet to a P%Nail in Bulkhead on the St. Thomas Waterway; thence cornering
and running along said bulkhead South 49' 04' 31 " East 75.35 feet to a point; thence
South 72' 19' 31 " East 50.20 feet to an existing Iron pipe; thence cornering and
running North 46' 53' 37" East 147.32 feet to the existing iron pipe and THE POINT
OFBEGINNING.
This property kereinabove conveyed being described and delineated on a plat dated
April l7, 2000, prepared by Henry Cuningham, professional land surveyor, entitled in
part "House and Lot Surveyed for Long Kim Huyhn and %feu Thi Nguyen", which
plat is incorporated herein by reference.
, Received
Being also the same property conveyed to Nhi M6u T. Nguyen and husband, Long Him Hu3uh, by
deed dated April 20, 2000, which deed is of record in Deed Book 671, Page 159, of the Pasquotank County
Public Registry.
TO HAVE AND TO HOLD the above described lands and premises, together with all
appurtenances thereunto belonging, or in anywise appertaining, unto the Grantee, Grantee's heirs,
successors, administrators, and assigns forever.
AND THE SAID GRANTOR COVENANTS to andmith said Grantee, Grantee's heirs,
successors, administrators, and assigns, that Grantor is lawfully seized in fee simple of said lands and
premises, and have full right and power to convey the same to the Grantee in fee simple, and that said lands
and premises are free from any and all encumbrances, except as set forth herein, and that the Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever, with the exception of the
following: Ad valorem taxes for the year 2004 and subsequent years, easements and restrictions of record,
and any local. county, state, or federal laws, ordinances, or regulations relating to zoning, environment,
subdivision, occupancy, use, construction, or development of the subject property.
IN WITNESS WHEREOF, the Grantor has duly executed and sealed this document, this the day
and year first above written.
Nhi Kiev T. N
Long Kim Huynh
MAY S - 201B
®MEC

BOOK 837 PAGE 502
STATE OF' aQ j-F �n �,Li� COUNTY/CrrY OF
1, a Notary Public, of the County or City of l .0 Y(lzl!' and State aforesaid, certify
that Nhi Men T. Nguyen and husband, Long Kim Huynh, personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
my hand and seal this day of December, 2004.
onand
AtlV10N �-
Notary Public
�N OTARY SEAL)
My commission expire' I a — Q-7
State of North Carolina, County of Pasquotank
Theforegoiogoram=edcertificate(s)of Lisa S. Seper,Notary Public of Currituck
County, NC
is/noxcertified to be correct.
This 18th day
FAUuny"wZREAL ESTATB&IIa Doa\Nguym and Huyfi to Duutdtked.wpd
Rpi;r!nir-
MAY 2 9 ,,
DCM-MHD CIry

VCIILV11 LIC /•4U 11 IVI IULJ701�I,
Done Agent Authorization Form.docx
N.C. DIVISION OF COASTAL MANAGEMENT Received
AGENT AUTHORIZATION FORM
Date 4- S o2a/
Nam''.. e//of Property �Qwner Ap lying for Permit: DC_EC
Mailing Address: CC WC-
)U `%9
a� (,rl�,�druur� Yiye,
I certif tha
rI have authorized (agent)
c���> V\ SC2t.av� tAe CVtc S to act on my behalf,
for
the purpose of applying for and obtaining all CAMA Permits
necessary to install or construct (activity)
at (my property located at) / 1
This certification is valid thru (date)
Recelv1` D
MAY 2 9 2018
DCM-MHD CITY

■p®li V r1 9L1 11 LI L
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Riparian Property -...
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certi that I own_property adjacent to
Gtrl�i13C�� 's
(Name of Property
Applicant)
)cat d at
Ind Ujond Dt-.
(Applicant's Address, Lot, Block,
Road, etc.)
on (_),u(If-I a Dr , in
F) i zA he-1 in (f-;4L, , N.C.
(Adjacent Waterbody)
(City/Town and/or County)
The applicant has described to me, as shown below, the
development proposed at the above location.
✓ I have no objection to this proposal.
I have objections to this proposal.
You can mail any objections to 401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
If you have any questions you can call: 252-264-3901
DESCRIPTION AND/OR DRAWING OF PROPOSED
DEVELOPMENT
(individual proposing development must fill in
description below or attach a site drawing)

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Done Adjacent Riparian Property-...
DEVELOPMENT
(Individual proposing development must fill in
description below or attach a site drawing)
ceived
N IC
(Property Owner Information) (Adjacent Property Owner
Information)
ature
Signature*
Print or Type Name Print or Type Name
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Mailing Address \\ Mailing Address
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City/State/Zip City/State2ip
Telephone Number / email address Telepbgne
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Date Date * DDOMAMBIMUTY

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®one Adjacent Riparian Property-...
DEVELOPMENT
(Individual proposing development must fill in
description below or attach a site drawing)
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Received
MAY 6 - tm1
DCM-EC
(Property Owner Information) (Adjacent Property Owner
Infor ation)
Signwture, „ , Signature*
or
Telephone Number / email address
Number/email address
Print or Type Name
Mailing Address
Llare bare
tate2ip
Telephone

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Adjacent
Riparian
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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to
iE.0a /01(;Ci s �L�ar�k� 1J Agile
(Name of Property
Applicant)
property located at
��l C��,r�{Lt-iCX)n I�riYE
(Applicant's Address, Lot, Block,
in
N.C.
(City/Town and/or County)
The applicant has described to me, as shown below, the
deveelI pment proposed at the above location.
-_ 1 have no objection to this proposal.
I have objections to this proposal.
You can mail any objections to 401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
If you have any questions you can call: 252-264-3901
DESCRIPTION AND/OR DRAWING OF PROPOSED
DEVELOPMENT
(Individual proposing development must fill in
description below or attach a site drawing)
Receive(
DCM-EC
MMAY, 2, 8 2018

KI-r-.0.
Coastal Management
ENVIRONMENTAL QUALITY
May 25, 2018
Mark & Diane Duarte
221 Windward Drive
Elizabeth City, NC 27909
Dear Mr. & Mrs. Duarte:
ROY COOPER
MICHAEL S. REGAN
�'m rran'r
BRAXTON C. DAVIS
UIre.Clor
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located 221
Windward Drive, Pasquotank County. It was received complete on May 8,
2018, and appears to be adequate for processing at this time. The projected
deadline for making a decision is July 22, 2018. An additional 75-day review
period is provided by law when such time is necessary to complete the review.
If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from May 8,
2018, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written
request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the
location of the proposed development. Enclosed you will find a "Notice of
Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would
be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property, or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice
could result in an incomplete application. RECEIVED
MAY 2 9 2018
"Not4lirzg Corrpz�ris - DCM-MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-3901252-331-2951 [fax]

Mark and Diane Duarte
May 25, 2018
Page 2
An onsite inspection will be made, and if additional information is required,
you will be contacted by the appropriate State or Federal agency. Please
contact Lynn Mathis, Field Representative, if you have any questions and or if
you wish to receive a copy of her field report.
Sincerely,
PkJen
Zgs
Fra
District Manager, Northeastern District
NC Division of Coastal Management
FJ/eg
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Lynn Mathis, DCM, Elizabeth City, NC

PROJECT: Replace a failing bulkhead and
fill or remove 273sf. of non -coastal
wetlands.
APPLICANT:
Mark & Diane Duarte
221 Windward Drive
Elizabeth City, NC 27909
June 19, 2018
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Lynn Mathis
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
252-264-3901

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an AEC as
designated under the CAMA was received on 05/08/18. According to said application,
Mark & Diane Duarte.propose to replace a failing bulkhead at 221 Windward Drive,
Pasquotank County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 06/19/18, will be considered
in making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Wednesday, May 30, 2018

ROY COOPER
WILLIAM G. ROSS, JR.
BRAXTON DAVIS
Coastal Management
ENVIRONMENTAL OVALITY
EMAIL MEMORANDUM
TO: The Daily Advance
Legal Advertisement Section
edalegals @ dailyadvance.com
FROM: Ella Godfrey, Administrative Assistant
DATE: May 25, 2018
SUBJECT: Public Notice — Mark and Diane Duarte
ACCOUNT: #2119219, NCDENR/Stadiem
Please publish the attached Notice in the Wednesday, May 30, 2018 issue of The Daily
Advance. Please note that this is for a one -day, (in print only) publication.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original copy
of the published notice, and an original invoice to Melissa Sebastian, NC Division
of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557,
(Telephone [phone]).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Sarah Young, Public Information Office, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File RECEIVED
Noc <t1„dares DCM-MHD CITY
State of North Carolina I Environmental Quality I Comml Management
401 S. Griffin St., Suite 3001 Eli abeth City, NC 27909
252-264-39011252-3342951 [fax[

It
It
MAJOR PERMITFEEMATRIX
APPlicanh 10*4e % %�' Ault �✓4�R7�
8electlon
Development Type
Fee
DCM %/%
1601 435100093 1625 6253)
(24300];DWQ
%(14300
5100095 2341)
I. Private, non-commercialdevelopment
that does not
$2S0
100%($250)
($0)
involve the filling or
excavation of any wetlands
or open water areas:
if. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or o en water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be a lied:
III(B). Public or commercial
development, 0 General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be a lied:
lll(C). If General Water
Quality Certification No.
$400
60% ($240)
40%��}VED
4097 (see attached) could
be applied, but DCM staff
determined that additional
MAY 2 9 2018
review and written DWQ
concurrence is needed
DCM-MHD CI
because of concerns
related to water quality or
a uatic life:
III(D). If General Water
Quality Certification No.
$400
60%:($21440%($160)
4097 (see attached) cannot
be a lied:
IV. For development that❑
involves the filling and/or
$475
60%($40%
($190)
excavation of more than
one acre of wetlands and/or
o en water areas:

I NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applicant., James and Janice Rhodes Date: 051142018
Project Site: Pasquotank County 221 Windward Drive, Glen Cove
Stall. Lynn Mathis District: ®Elizabeth City ❑Washington
❑Morehead City ❑Wilmington
Project Name: None Rover File: WA State Plane: X: 32002764633.824ft
Y.' 853462.991I1
Date of initial application submittal (EX.' 1/82007): 054782018
Date application 'received as complete" in the Field office (EX., 1/82007): 054782018
Permit Authorization: ®CAMA []Dredge & Fill ❑Both
SITE DESCRIPTIOWPERMIT INFORMATION
PNA: ❑Yes ®No
Photos Taken: Yes® NoD
Setback Required (riparian): ®Yes ❑
No
Critical Habitat: ❑Yes ❑No ®Not Sure
15 foot waiver obtained: El Yes SNo
Hazard Notification Returned:
❑Yes ❑No N/A
SAV: ❑Yes ®No ❑Not Sure
Shell Bottom: ❑ Yes ®No ❑ Not
Temporary Impacts. ®Yes ❑No
Sure
Sandbags: ❑Yes ®No ❑ Not Sure
Did the land use classification come from
Mitigation Required (optional):
countyLUP., ®Yes ❑No
❑Yes ®No
Moratorium Conditions: ❑Yes ®No
Environmental Assessment Done:
DNA
El Yes ❑No ®NA
SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORM
WETLANDS IMPACTED
® (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) San marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alteminora)
cynosureides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TV) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ 111(A) Private w/D&F up to 1 acre;
❑ 111(D) Pm. public or comm w/D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
El IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ Ill(B) Public or commercial w/D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ILPublic orcommercial/nodredge
RECEIVED
$100
and/or fill - $400
® 1. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre, 3490 can be applied,' DCM needs
MAY 2 9 2018
DWQ agreement - $400
UUM-MMU CITY

Applicant: Mark and Diane Durate
Date: 0511612018
Descdbe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Bulkhead
j
New Work®
Replace
55'
2'
Backfill
Maint ❑
®Y ❑ N
Fill and Grade
j
New Work ®
Replace
25'
55.5'
Maint ❑
❑ Y ® N
New Wbik
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
_
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N

IIDescribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
arxiror lemp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
—temp, impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Shoreline
Dredge [I Fill ❑ Both ❑ Other ®
S5.5'
Shallow Bottom
Dredge ❑ Fill ® Both ❑ Other ❑
Met
111sy
High Ground
Dredge ❑ Fill ® Both ® Other
1,387.5sf
1,387.5sf
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
:�:::±
RECEIVED
MAY 2 9 2018
DCM-MHD CITY

ROY COOPER
Governor
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
THROUGH: Frank Jennings, District Manager
FROM: Lynn Mathis, Field Specialist
DATE: May 17, 2018
SUBJECT: Mark and Diane Duarte CAMA Major Permit Application
MICHAEL REGAN
Secretary
BRAXTON DAVIS
Director
The applicant's, Mark and Diane Duarte, propose to construct a new bulkhead an average of 2' waterward of
the current failing bulkhead. More specifically, bulkhead is leaning out into the canal forming a trough with a
-1'-6" escarpment and a 273sf wetland pocket. The wetland pocket is a maximum of T wide (-5.46' average)
x 50'. The replacement of the bulkhead will involve excavating the area directly behind the bulkhead, pulling
back the original bulkhead and removing it as needed to construct a new bulkhead 2' waterward of the old
alignment. By doing this the applicant can maintain a straight alignment and reduce shallow bottom fill.
SECTION .0200 - THE ESTUARINE AND OCEAN SYSTEMS
15 NCAC 07H .0208 Use Standards
(b) Special Use Standards
(7) Bulkheads:
(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of
normal high water or normal water level;
Consistent: Location along the man-made canal will be a close as possible to facilitate
proper construction.
(B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant
adverse impacts to the resources;
Consistent: Unable to avoid small area of wetland fill.
(C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of
Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project
involving excavation from a non -upland source, the material so obtained may be contained
behind the bulkhead;
Consistent: Applicant will obtain backfill from a high ground commercial source.
(D) Bulkheads shall be permitted below normal high water or normal water level only when the
following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features,
e.g. steep grade bank, which will cause the applicant unreasonable hardship under the
other provisions of this Rule; Consistent
(ii) the bulkhead alignment extends no further below normal high water or normal water level
than necessary to allow recovery of the area eroded in the year prior to the date of
application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship
resulting from the unusual geographic or geologic features;
Consistent: NIA 'RECEIVED
MAY 2 9 2018
- ''Nothing Compares
DCM-MHD CITy State of Noah Carolina I Fnvimnmeatal QualityCoastal Management
401 S. Griffin St I Suite 3001 Elizabeth City, NC 27909
252-264-3901

Mark & Diane Duarte
Recommendations
May 17, 2018
Page 2
(iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners; Consistent
(iii) the need for a bulkhead below normal high water or normal water level is documented by
the Division of Coastal Management; and,
Consistent: NIA
(iv) the property to be bulkheaded is in a non -oceanfront area. Consistent
(E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads.
Consistent: Existing bulkhead to be replaced.
Observations and Comments:
Based on my review of the North Carolina Administrative Code, the permit application and plans the
development proposed is consistent with the Division's rules. I recommend approval with standard conditions.
and the following condition:
Prior to beginning work, the applicant will notify all crab shedding operations along the same canal of
the temporary suspension of sediments in the water during construction of the bulkhead orshall install
a sediment curtain to prevent the movement of the suspended sediment within the canal.
— 'Nothing Compares—,
State of Noah Carolina I Environmental Quality I Coastal Management
401 S. Goffin St I Suite 3001 Elizabeth City, NC 27909
252-264-3901