2-22Minor Mod McPherson, Benjamin & Judy

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
U14T
FROM:
THROUGH:
DATE:
SU B7 ECT:
NORTH CAROLINA
Environmental Quality
Gregg Bodnar, Assistant Major Permits Coordinator,
Division of Coastal Management, Morehead City
Cynthia Rountree, Field Representative, DCW"Of
0
Ron Renaldi, District Manager, NE District, DCM rl,
May 25, 2022
Request for Minor Modification of Major Permit #2-22
issued to: Benjamin McPherson
REFERENCE: (a) Letter from Ben McPherson (received May 6, 2022)
requesting Minor Modification to Major Permit #2-22
(b) 15A NCAC 073.0405, Permit Modification
(c) DWR Project #2021-1345
(d) USACOE Action #SAW-2021-02002
Minor Modification to Major Permit
1. Ben McPherson has requested a Minor Modification to Major Permit #2-22,
which was issued on January 24, 2022 and expires on December 31, 2025. The
original major permit authorized construction of boat basin with a bulkhead around
its perimeter and a boat house within the basin.
2. Ben McPherson has requested to modify Major Permit #2-22 to allow an
additional 146 feet of bulkheading along the shoreline.
D_EQJA North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
MNi1M CNiCLIN4
�.�wm.�en•iuwmr 252.264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 5
Gregg Bodnar, Assistant Major Permits Coordinator
May 25, 2022
Page 2
3. I conducted a site visit on April 27, 2022 to review the Minor Modification
request pursuant to the provisions of reference (a) and have determined that -the -- --- — -- - --
request meets the requirements contained in 15A NCAC 07H .0208 USE
STANDARDS. Specifically, the request to add additional bulkhead 07H.0208(b)(7).
4. The required fee of $100, paid by Check #1203, was received by the Elizabeth
City District Office on May 6, 2022.
5. It is recommended that the Minor Modification request be granted, provided
all the Permit Conditions of the original permit issued on January 24, 2022 remain
in effect.
6. Notification has been received.
Attachments: Copy of Minor Modification Request, including work plan drawings

Ben and Judy McPherson
1005 Small Dr
Elizabeth City NC 27909
5/5/2022
To whom it may concern,
We are asking for a minor modification to our existing major permit
number 2-22. We propose to add bulkheading of entire water side of
property starting from the SW corner with a wing wall turning up
property side of drainage ditch approximately 5ft, not obstructing ditch,
going around small existing peninsula following waters edge back to
land and go due NE approximately 10OLF on landward side of existing
cypress tree to beginning of permitted boat basin. Bulkheading will
continue around basin as permit reads and run another approximate
36LF with another 5ft wing wall that will return into the property prior
to existing wetlands. We will be using plastic sheet piling with wood
topper. CAMA Representative Cynthia Rountree has visited the site and
has seen conditions as which we are requesting. Attached is a revised
drawing showing intentions of which we are requesting.
Thanks
Ben McPherson
C"E1VED
MAY 0 0 2022
DGNA--EC

Narrative Letter
For
1005 Small Dr
Elizabeth City NC 27909
5/5/2022
To whom it may concern,
I Ben McPherson, have planned to install up to 21OLF of sheet pile bulkhead along
water edge of property, 75LF of 8 feet wide deck parallel along shore line from
center of property to outside of 15 feet off back property corner along creeks
edge. In the center of the 75LF run will be a 3O'X15' boat basin at a depth of
approximately 5 feet with plastic sheet panels all the way around to secure shore.
This boat basin will have a boat lift installed with a roof approximately 1Oft high.
The structure will be 26.5'x15'. The walls to this lift area will be open on all sides.
The basin will have approximately 75LF of 4 feet wide decking all the way around
on 3 sides of it. This dock and basin with lift will be for personal use only and
convenience of fishing and ease of using boat when needed. There may be a
proposed garage that may be built in the future which will maintain at minimum
30 feet on creeks edge and 10 feet off property line. The existing home is well
more than 30 feet from boat basin. Proposed garage will be 45ft deep by 4Oft
wide.
The project proponent hereby certifies that all information contained herein is
true, accurate, and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review
and take action on this CWA 401 certification request within the applicable
reasonable period of time.
MAY 0 6 2022

DeM MP-1 7 IV fir,
APPLICATION for
0 6
Major Development Permit MAY 2022
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
MI
Last Name
Benjamin
K
McPherson
Applicant 2: First Name
MI
Last Name
Judy
L
McPherson
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
1005 Small Dr
2447
Elizabeth City
NC
ZIP
Country
Phone No.
FAX No.
27909
USA
252-339-9441 ext.
252-334-8575
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Parks Land Development
Agent/ Contractor 1: First Name
MI
Last Name
David
O
Parks
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
1252 Florida Rd
Elizabeth City
NC
ZIP
Phone No. 1
Phone No. 2
27909
252 - 330 - 2425
ext.
ext.
FAX No.
Contractor #
64801
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
252-808.2808 :: 1.888-4111COAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3, Project Location
County (can be multiple)
Street Address
State Rd. #
Pasquotank
1005 Small Drive
1270
Subdivision Name
City
State
Zip
Newbegun Land
Elizabeth City
NC
27909 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 339 - 9441 ext.
P12713-14, I ,
a. In which INC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Newbegun Creek
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 ❑Manmade ❑Unknown
Pasquotank River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Pasquotank County
4,
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
203
47,946.51
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
6ft ❑NHW or ®NWL
e.
Vegetation on tract
Bermuda Grass
f.
Man-made features and uses now on tract E C E I .a
House, shed and driveway
MAY 0 6 2022
g.
Identify and describe the existing land uses adlacent to the proposed project site. /� (� •--
Lot �ry
f"EC
Wooded LJl.+9V
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-15
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
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>
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Form DCM MP-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
(III) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Conventional Septic System
g
AE�)gE D
o. Describe existing drinking water supply source.
0 6 2022
County Domestic Water
MAY
p. Describe existing storm water management or treatment systems.
Natural Runoff
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
[_]Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Use of dock for personal fishing. Use of basin for storing boat.
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.
Excavator and Pumps,all stored on land
d.
List all development activities you propose.
Install up to 90ft of dock, install 15'x 30' bulkheaded boat basin with boat lift and roof. Build future garage 40'x45'..
Install up to 210 feet of bulkheading along water side of lot
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New Work
f.
What is the approximate total disturbed land area resulting from the proposed project?
1226 ®Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
[]Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
No new discharges will be present
i.
Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ®NA
j.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any ma/or development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
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 the deed (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.
Name Mark Small Phone No. 252-338-4871
Address 283 Dryridge Rd Elizabeth City NC 27909
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
NA
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.
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to 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 _12/1212020 Print Name Benjamin McPherson
Signature
Please indicate application attachments pertaining to your prop sed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development MAY 0 6 2022
❑DCM MP-4 Structures Information
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Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
N W L)
stabilization
Length
30
Width
15
Avg. Existing
5
NA
NA
Depth
Final Project
5
NA
NA
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
83
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
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
Boat basin
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Map P128-7c Pasquotank County Small Dr
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:
[]This section not applicable
b. Type of material to be excavated.
sandy dirt
d. High -ground excavation in cubic yards.
32
MAY 0 6 2021
r �r
❑This section not applicable
b. Dimensions of disposal area.
d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ®NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
[]Yes ®No ❑NA
(h) If yes, how much water area is affected?
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmonanement.net revised: 12/26/06

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3- SHORELINE STABILIZATION This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: 60
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL: None
e. Type of stabilization material:
Plastic Sheeting
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill_ Other None
i. Source offill material.
Parks Land Development Sand Pit Permit # 70-31
Width: 190
d. Maximum distance wateward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(ii) If yes, stale amount of erosion and source of erosion amount
information.
h. Type of fill material.
Sand
MAY 0 6 2022
D- W-a' C
4. OTHER FILL ACTIVITIES [i This section not applicable
(Excluding Shoreline Stabilization)
a. (1) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(ii) Amount of material to be placed in the water none number of square feet affected.
(iii) Dimensions of fill area 2ftxlftx75ft ❑CW ❑SAV ❑SB
(iv) Purpose of fill ❑WL ®None
Fill in behind bulkhead to make yard level will top of (ii) Describe the purpose of the fill in these areas:
bulkhead
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Will be loaded directly loaded on trucks and hauled to Poole Point
c. (1) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
12/12/2020
Date
Benjamin McPherson Dock and Boat Basin
Project Name
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Excavator
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Benjamin McPherson
Applica me
M
plicant
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmonagement.net revised: 12126/06

A -
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
MAY 0 6 2022
0CM-C
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.
1, DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[-]Commercial ❑Public/Government ®Private/Community
[I This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
c. (i) Dock(s) and/or pier(s)
d. (!)Are Finger Piers included? ®Yes ❑No
(it)Number 1
If yes:
(iii) Length 75ft
(ii) Number 1
(iv) Width 8ft
(iii) Length 75ft
(v) Floating ❑Yes ®No
(iv) Width 4
(v) Floating [--]Yes ®No
e. (i) Are Platforms included? []Yes ®No
f. (1) Are Boatlifts included? ®Yes []No
If yes:
If yes:
(it) Number
(ii) Number 1
(iii) Length
(iii) Length 30
IN) Width
(iv) Width 15
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
0
❑ Dockage, fuel, and marine supplies
® Dockage ('Wet slips") only, number of slips: 1
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting:
❑ Land cut and access channel
®Open water; dredging for basin and/or channel
[-]Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 17
m. (i) Will the facility have tie pilings?
®Yes ❑No
(ii) If yes number of tie pilings?
12
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
open runabout
I. (1) Will the facility be open to the general public?
❑Yes ®No
252.808.2808 :: 1-aes-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 2 of 4)
2, DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location: El Showers
Showers % Vie.. G E v. I ''"`�
❑ Boatholding tank pumpout; Give type and location:
MAY 0 6 ZUZZ
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of"No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake' signs proposed. _
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes NNc
252-808-2808 ::1-888-4RCOAST:: www.nccoastaimanauement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 3 of 4) a
Cst 99.
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes RNo
o. Is the marina/docking facility proposed within or adjacent to 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 �"1/`�91 CM Ao
❑WL ®None A.JC
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes RNo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3, BOATHOUSE (including covered lifts) El This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubliGGovernment ®Private/Community
(ii) Number
1
(iii) Length
26.5
(iv) Width
15
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) RThis section not applicable
a. (i) Number
(ii) Length
(III) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) R This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS El This section not applicable
a. Is the structure(s): b. Number
❑Commercial ❑PubliGGovernment ❑Private/Community
C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
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Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
15ft from start of construction and 109 from other end house up to 100ft away
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
40
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No DNA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
5ft
18. OTHER ❑This section not applicable
a. Give complete description:
Proposed garage will be approximately 45ft deep by 40ft wide
8/23/2021
Date
Benjamin McPherson Dock and Boat Lift
Project Name
Benjamin McPherson
Applicant Name
Benjamin McPherson
Applicant Signatur /
aL
MAY 0 6 2022
t.JC/M'�e\.✓
252.808-2808 :: 1-888.4RCOAST :. www_.-nccoastaimanagement.net revised: 12/27/06

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERED
Name of Property Owner: Benjamin K McPherson
Address of Property: 1005 Small Dr Elizabeth City NC 27909 MAY 2 4 2022
(Lot or Street #, Street or Road, City & County)
Agent's Name #:
Agent's phone #:
Mailing Address: _1005 Small Dr DCiV -L"..
Elizabeth City NC 27909
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions must be provided with this letter.
(/ I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S.
Griffin St., Ste 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252)
264.3901. No response is considered the same as no objection if you have been notified by Certified
Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish t w th tba , vu must sign the appropriate blank below.)
( I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Benjamin K McPherson
Print or Type Name
1005 Small Dr
Mailing Address
Elizabeth City NC 27909
City/State/Zip
252-339-9441/bigbenl8O(cDvahoo.com
Telephone Number/Email Address
5/24/2022
Date
*Valid for one calendar year after signature*
(Ad' ent ro rty 7!formation)
ign l re
F. Mark Small
Print or Type Name
283 Dryridge Rd
Mailing Address
Elizabeth City NC 27909
City/State/Zip
252-338-4871/[e-mail]
Telephone Number/Email Address
5/24/2022
Date*
Revised 2017

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Permit Class Permit Number
NEW 2-22
STATE OF NORTH CAROLINA
Department of Environmental Quality RE C E-," I � � t,. a j
and
Coastal Resources Commission JAN 2 7 2022
Permit g��
for D EOb —EC
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 Benjamin and Judy McPherson, PO Box 2447, Elizabeth City, NC 27909
Authorizing development in Pasquotank County at adi,to Newbegun Creek, at 1005 Small Dr.
near Elizabeth City ,, as requested in the permittee's application did 12/12/20 (MP-
1,2) and 8/23/21 (MP-4), incl att workplan drawing (1), Sheet 1 of 1 dtd "Received MP Section MHD I I/1/21".
This permit, issued on January 24, 2022 , 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 no subject to lines, imprisonment or civil action; or may cause the permit to ne will ana voia.
Upland Basin
1) Should excavation take place within the period of peak biological activity (February 15 to September
30) of any year, to prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall
be left between the area to be excavated and the existing canal for a 24-hour period after completion
of excavation or until the project areas has returned to ambient conditions, whichever is greater.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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, 2025
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Z_///e_/�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Benjamin and Judy McPherson Permit No. 2-22
Page 2 of 5
ADDITIONAL CONDITIONS
4) The temporary placement or doable handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Dredye Material Disaosal
7) No dredge material shall be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead, once properly dried.
8) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
9) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Maintenance Clause
10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Shoreline Stabilization - Basin Bulkhead
11) The bulkhead alignment within the basin shall approximate the mean normal water level at the time of
construction.
12) No vegetated wetlands or open water shall be excavated or filled, even temporarily.

Benjamin and Judy McPherson
ADDITIONAL CONDITIONS
Permit No. 2-22
Page 3 of 5
13) 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.
14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
15) The bulkhead shall be constructed prior to any backfilling activities.
16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
17) The fill material shall be clean and free of any pollutants except in trace quantities
18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
19) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
20) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Dock/Boardwalk and Boathouse
21) This permit authorizes only the dock/boardwalk with a portion over existing high ground, and other
structures and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
22) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
23) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
24) This permit authorizes a maximum of 1 formalized boat slip.
25) No attempt shall be made by the permittee to prevent the full and free use by thb p4bllc of all n9vigabl�
waters at or adjacent to the authorized work.
) AW 2 ] 2022

Benjamin and Judy McPherson Permit No. 2-22
Page 4 of 5
ADDITIONAL CONDITIONS
26) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
27) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the
authorized workplans.
28) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
29) No attempt shall 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.
30) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Upland Development —Garage
31) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including boardwalk and garage, all
as expressly and specifically set forth in the attached permit application and workplan drawings.
Stormwater Management
32) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SW7210901. Any violation of the permit approved by the DEMLR shall be considered a
violation of this CAMA permit.
Sedimentation and Erosion Control
33) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
34) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
35) 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
36) This permit shall not he assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
37) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

Benjamin and Judy McPherson
ADDITIONAL CONDITIONS
Permit No. 2-22
Page 5 of 5
38) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02002).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2021-1345.
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.
JAN 2 1 2022

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