137-15 Nicolay, Joseph & Margaret

Pet'tuit Class
NEW
Permit Number
137-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
RECEIVED
JUN 13 2016
for DCM- MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Joseph & Margaret Nicolay, 505 Peaceful Road, Chesapeake, VA 23322
Authorizing development in Currituck Countyat adj. to a manmade canal connecting to Coiniock
Bay, 106 Swan Dr., Lot 22, Belle Isle Shores S/D, as requested in the permittee's application dated 10/12/15 including
attached workplan drawings (1-2 of 2), 1 of 2 dated 10/12/15 and 2 of 2 dated 10/13/15.
This permit, issued on December 3, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) The alignment of the permitted bulkhead shall be verified by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction.
2) No backfrll material shall be placed within 30 feet of the normal water line, except that which will be
used to backfrll the area behind the permitted bulkhead.
3) The bulkhead shall be constructed prior to any backfrlling activities.
4) The temporary placement or double handling of fill materials within water or vegetated wetlands is
not authorized.
(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, 2018
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.
Braxton C.Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
of Permittee

Joseph & Margaret Nicolay Permit No.137-15
Page 2 of 3
ADDITIONAL CONDITIONS
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
6) 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.
7) No excavation, or other land disturbing activities, is permitted except for that which may be required for
the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the
approved alignment.
8) All backfill material shall be clean and free of any pollutants except in trace quantities.
9) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) 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
12) No open water areas shall be excavated or filled, even temporarily, outside of the area as indicated on
the attached workplan drawing.
13) No excavation or filling of any vegetated wetlands is authorized by this permit.
14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written consent of the Division of Coastal Management.
15) The pemrittee 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 assigned the project Action ID No. SAW-2015-02516.
NOTE: The N.C. Division of Water Resources assigned DWR Project No. 15-1076, which was issued on
10/27/15. RECEIVED
JUN 13 2016

Joseph & Margaret Nicolay Permit No. 137-15
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 $400 was received by DCM for this project. This fee alsc
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
RECEIVEc,
JUN 13 2016
DCM- MHD CITY

Permit Ch4s
NEW
Permit Number
137-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Vert I"t
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 Joseph & Margaret Nicolay, 505 Peaceful Road, Chesapeake, VA 23322
Authorizing development in
Currituck
County at adj. to a manmade canal connecting to Coinjock
Bay, 106 Swan Dr., Lot 22, Belle Isle Shores S/D, as requested in the permittee's application dated 10/12/15 including
attached workplan drawings (1-2 of 2), 1 of 2 dated 10/12/15 and 2 of 2 dated 10/13/15.
This permit, issued on December 3.2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) The alignment of the permitted bulkhead shall be verified by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction.
2) No backftll 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.
3) The bulkhead shall be constructed prior to any backfilling activities.
4) The temporary placement or double handling of fill materials within water or vegetated wetlands is
not authorized.
(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, 2018
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.
Braxton C.Davis, Director
</ Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

Joseph & Margaret Nicolay Permit No. 137-15I
Page 2 of 3
ADDITIONAL CONDITIONS
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
6) 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.
7) No excavation, or other land disturbing activities, is permitted except for that which may be required for
the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the
approved alignment.
8) All backfill material shall be clean and free of any pollutants except in trace quantities.
9) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) 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 minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
12) No open water areas shall be excavated or filled, even temporarily, outside of the area as indicated on
the attached workplan drawing.
13) No excavation or filling of any vegetated wetlands is authorized by this permit.
14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written consent of the Division of Coastal Management.
15) 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 assigned the project Action ID No. SAW-2015-02516.
NOTE: The N.C. Division of Water Resources assigned D WR Project No. 15-1076, which was issued on
10/27/15.
'AI

Joseph &'Margaret Nicolay
ADDITIONAL CONDITIONS
Permit No.137-15
Page 3 of 3
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 $400 was received by DCM for this project. This fee alsc
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

s
To whom it may concern,
October 12, 2015
We would like to install a bulk head on our property at 106 Swan Drive. The
purpose is to cut down erosion along our property, even though it is on a
canal with very little boat traffic. The bulk head would also increase the
value of the property and enable it to the value of said property. We would
like to tie into the two existing bulk heads at 104 and 108 Swan Drive. This
would complete the shoring up on the Swan Drive street property line canal
area.
...........
OCT 12 2015
CGASTA..f,^A.?1.Qi?_�„+EfJT
EDZi^ �TI!Jiy
RECEIVED
OCT 3 0 20115
DCM-w o CITY

DO MIA
W
W
U
IV
0
APPLICATION for
OCT 12 2015'
Major Development Permit
(last rovised 12127106) -----" - -
North CacoliaawDtW$!t)AI pFor*QlA MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
Joseph
MI
J
Last Name
Nicola
Applicant 2: First Name
Margaret
MI
D
Last Name
Nicolay
If additional applicants, please attach an additional page(s) with names fisted.
Mailing Address
505 Peaceful Road
PO Box
City
Chesapeake
State
Virginia
ZIP
23322-2250
Country
Plane No.
757 - 651 - 6543 ex .
FAX No.
757 -
482 - 2018
Street Address (d different from above)
City
State
ZIP
Email
2. Agent/ConftctorInformation
Business Nam
Spence Marine Construction Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Raymond
L
Spence
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
POBorr
City
State
3117 Lynn Acres Road
Virginia Beach
Virginia
ZIP
Phone No. 1
Phone No. 2
23452
757 - 463
7700
ext.
exL
FAX No.
Contractor #
2705-0355-80
Street Address (if different from above)
city
State
ZIP
Email
(� <Form continues on back>
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252,808-2803 -: 1-888-4RCOAST :.

F &m DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
-- - -
County (ran be multiple)
Street Address 1~
State Rd. #
_......... .
,1245
Subdivision Name
city
late
Zip
Bell Islandurri
T
27929
Phone No.
Lot No.(s) (d many, attach addNonal page with list)
757-651 -6543 B1d'
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pas uotank
Canal to Coin'ock Bay
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 0anmade ❑Unknown
Currituck Sound
a. Is work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
es []No
work falls within.
Currituck County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
100 Ft.
16,000 Sq.feet
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal waterlevel)
(If many lot sizes, please attach additional page with a list)
+- 3ft ❑NHW or RN WL
e.
Vegetation on tract
Light pine and coastal vegetation
I.
Man-made features and uses now on tract RECEIVED
Older piles and remnants of Bulkhead
OCT 3 0 2015
g.
Identify and describe the existing land uses adiacent to the proposed project site. DC M _ M H D
CITY
108 Swan and 104 Swan are residential
h.
Flow does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning corn nce certificate, if applicable)
[] Yes ❑NoNA
j.
Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes VNo
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ITNA
If yes, by whom?
1.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No A
National Register listed or eligible property?
<Form continues on next page>
Z 2 , + 43-23e8 .. ,

Form DCM MP-1 (Page 3 of 4)
APPLICATION for ,
Major Development Permit
m. (1) Are there wetlands on the site?
❑Yes
JAO
(if) Are there coastal wetlands on the site?
Oyes
11Ao
(III) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes•
ONo. ... ..,. �,,..
(Attach documentation, i/ available)
n. Describe existing wastewater treatment facilities.
I
o. Describe existing drinking water supply source. a
.7
N/A '
- ---
-
p. Describe existing storm water management or treatment systems. I
"
-
N/A
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? omero❑ lal Public/Govemment
`❑Pmrivate/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Protect the bank and adjacent properties from erosion. Long term protection.
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.
Low impact construction; Rubber tracked mini -excavator and
Skid steer. To be mobilized off work trailers.
d.
List all development activities you propose.
Restore and construct bulkhead to tie adjacent properties together protecting the bank.
No development is planned for this lot.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Both
f.
What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Acres
3,500
g.
Will the proposed project encroach on any public easement, public accessway, or other area QVes ❑No []NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
N/A
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 DNA
1.
Is there any mitigation proposed? ❑Yes ❑No A
If yes, attach a mitigation proposal.
<Form continues on back>
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F� DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnformadon
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) — (1) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (Including plan view and doss -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 dead (with state application only) m 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 caddied 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.
Nam Joseph $ Lorranie Donadio Phone No.
Address 108 Swan Dr 252-232-2931
Name Julian & Missy Reynolds Phone No.
Address 104 Swan nr 252-232-0550
Name Phone No.
Address
g. A list of previous state or federal permits issued for wok on the project tract. Include permit numbers, parmimee, 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), it necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Emironmenial Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to 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.
1 further certify that the information provided in this application is truthful to the best of my knowledge.
Date iO - /Z- Zill Print Name JOSe h Nicola
Signature
P se indicate application attachments pertaining to your proposed project. 0 CT j 2015
CM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development _
❑DCM MP-4 Structures Information
RECEIVED
OCT 3 0 2015
252.808-2808 .. 1.888.4RGOAST .. uR\e\ =JpBkfBdi crry"ent.nat

Form DCM 111I
EXCAVATION and FILL
(Except for bridges and culverts)
i
T < 2015
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
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
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
11. EXCAVATION VTAts section not applicable
a. Amount of material to be excavated from below NHW or N WL in
cubic yards.
C. (i) Does the area to be excavated include coastal wetiands/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:
b. Type of material to be excavated.
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL is section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA ❑Yes ❑No ❑NA
(ii) If no, attach a biter granting permission from the owner. (ii) If yes, where?
e. (I) Does the disposal area Include any coastal watlands/marsh f. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected. (ii) If yes, how much water area is affected?
[]CW ❑SAV ❑SB
❑WL ❑Nona
(ii) Describe the purpose of disposal in these areas:

..' OCN! MP-2 (Excavation and Fill, Page
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4 - Structures)
a. Tvne of shoreline stabilization: b. Length: 1 na H
Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _
c. Average distancewaterward of NHW orNWL:
e. Type of stabilization material:
Timber
g. Number of square f—i of fill to be placed below water level.
Bulkhead backfill 890 Riprap _
Breakwater/Sill_ Other_
i. Source of fill material.
Upland Quarry
Width: 1111
d. Maximum distance waterward of NHW or NWL:
-5 11 �A
I. (i) Has there been shoreline erosion during preceding 12
ragrahs?
VYes []No ❑NA
(it) If yes, state amount of erosion and source of erosion amount
afion.
p2 rmtoward property. Measure from Adjacent bulkhead
h. Type of fill material.
Sandy loamy clay
4. OTHER FILL ACTIVITIES VIThis section not applicable
(Excluding Shoreline Stabilization)
a. (i) Wilt fill material be brought to the
If yes,
III) Amount of material to be placed in the water _
(m) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on
controlled?
c. (I) Will navigational s be required as a result of the project?
❑Yes ❑No QrA
(ii) If yes, explain what type and how they will be implemented.
(i) Will fill material be placed in coastal wetlands/marsh (GW),
submerged aquatic vegetation (SAV), shell bottom ISIS), or
other wetlands (WL)? If any boxes are checked, provide th
number of square feet affected.
❑CW _ ❑SAV _ ❑SB _
❑WL _ ❑None
(it) Describe the purpose of the fill in these areas:
b. What type of censtruc
backhoe, or hydraulic
Rubber tracked Excavator/Skid steer
d. (i) Will wetlands be cross� transporting equipment to project
site? []Yes ONO 'MNA
()I) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Josepb blicolav
Date '._..Applicant Name
/ r
Project Name _. P ant Signatu RECEIV/tD
I.. L.: '. wig - wJ
DCM- MHC Ca
"Y

DCM Coordinator:_�N�Gt i S
MAILING DISTRIBUTION SHEET
Permit #:
l (�
DCM Field Offices V � rJ Kt a 6wh/ V A- -23tf! -L
j1habeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: _I;Laleigh Slang
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Crumbley
Liz Hare
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Diane Williams (WIRO)
.White (WARO)
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: ` Teen Pace-
DMF/ Patti Fowh#
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy (NC DO )
Washington: Anthony Scarbraugh-401.f
Wilmington: Joanne Steenhuis - 401
Chad Coburn - 401
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Paria Dunn IW
LPO:
Fax Distribution: Permitee #:
Agent #:

Environmental
Quality
December 3, 2015
Joseph & Margaret Nicolay
505 Peaceful Rd.
Chesapeake, VA 23322
Dear Sir or Madam:
PAT MCCRORY
Covemor
DONALD R. VAN DER VAART
Secretary
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 I I3A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 15013 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,
y A
Douglas V Hugge
Major Permits and Consistency Manager
N.C. Division of Coastal Management
Nothing Compares--k�
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone]
An Equal Opportunity I Affirmative Action Employer— Made in part by recycled paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Joseph J. & Margaret D. Nicolay
2. LOCATION OF PROJECT SITE: 106 Swan Drive (SR#1356), Lot 22 within Belle Isle
Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to
Coinjock Bay.
Photo Index —
2006: 194-7111 (L 12) 2000: 194-2333 (L 12) 1995: 193-2044 (G 12)
1989: N/A 1984: 127-687 (W 5) 1978: 136-479 (F 14)
State Plane Coordinates - X: 2889929 Y: 988124
Lat/Long: 36.4275860N,-75.974942°W Quadrangle: Barco, NC L.L.
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/30/2014; 9/1/2015
Was Applicant Present — Yes; No
5. PROCESSING PROCEDURE: Application Received Complete— 10/13/2015
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification from LUP - Limited Service Area & Conservation
(B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine
Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing - None
Planned — N/A RECEIVED
(F) Type of Structures: Existing — Remnant Bulkhead
Planned - Bulkhead OCT 3 0 2015
(G) Estimated Annual Rate of Erosion: 2 ft/yr
Source - Applicant
7. HABITAT DESCRIPTION: [AREA, square feet (ft2)]
FILLED DIATIIRRpn
(A) Shallow Bottom PTA, EW AEC's
±880 ft2
(B) Estuarine Shoreline AEC
±3,500 ft2
(D) Total Area Disturbed: 4,380 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No
8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of a
remnant bulkhead that will tie into adjoining bulkheads.

Joseph J. & Margaret D. Nicolay
Field Investigation Report
Page 2
Project Setting
The site of the proposed development is located at 106 Swan Drive (SR#1356), Lot 22 within Belle
Isle Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to Coinjock
Bay and ultimately the Currituck Sound.
The property is a vacant lot that is ±16,000 ft2 (±0.37 acres) in size with an elevation of ± 3' above
Normal Water Level (NWL). According to the USDA's Natural Resources Conservation Service's
Web Soil Survey, the soil on the property is made up of Newhan fine sand (NeC) and is vegetated
with upland grasses, brush and deciduous trees. Based on available information, there does not
appear to be any archaeological sites on or adjacent to this property.
The shoreline is 100' in length with a ±1-2 foot erosion escarpment located at NWL. Vegetation
growing along the shoreline includes a loblolly pine, wax myrtle, briars and deciduous trees.
Wetlands do not exist on the property. A remnant bulkhead is located ±5' to 8.5' waterward of NWL
(average of ±6.3') along the length of the shoreline.
Both adjacent riparian properties have been bulkheaded and have single-family dwellings
constructed on them. The bulkhead alignment on the adjacent property to the west is in line with the
remnant pilings while the bulkhead alignment on the adjacent property to the east is 3' waterward of
the remnant pilings.
The waters of Coinjock Bay are classified as SC and are closed to shellfish taking. The width of the
canal at this site is ±57'. Water depths within the project site range from f�``` below NWL. The
bottom substrate within the project area is made up of fine sands an40\M("f Submerged Aquatic
Vegetation (SAV). �S 3 0 �0�5
Development Proposal
In order to prevent further erosion to the site, the applicant propo 1d%A?1iilize the shoreline by
constructing 100' of wooden bulkhead waterward of the existinaant bulkhead. The proposed
alignment will tie into the adjacent bulkhead to the east and will be 2' waterward of the bulkhead on
the western side. This alignment is in anticipation of a future bulkhead replacement on the adjacent
property so that it will be one continuous bulkhead. The proposed bulkhead alignment will average
8.8' waterward of NWL with a maximum distance of ±11'. The applicant has indicated that the
erosion rate is approximately 2 feetlyear.
Anticipated Impacts
• The construction of the bulkhead along the proposed alignment will result in the filling of ±880 ft2
of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source.
• The construction of the bulkhead along the proposed alignment will result in the placement of
±58.7 cubic yards of fill material below NWL.
• Bulkhead installation, backfill and grading will result in ±3,500 ft2 of land disturbance within the
Estuarine Shoreline AEC.
Submitted by: Ron Renaldi
Date: October 13, 2015

I
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Joseph J. & Margaret D. Nicolay
2. LOCATION OF PROJECT SITE: 106 Swan Drive (SR#1356), Lot 22 within Belle Isle
Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to
Coinjock Bay.
Photo Index
2006: 194-7111 (L 12) 2000: 194-2333 (L 12) 1995: 193-2044 (G 12)
1989: N/A 1984: 127-687 (W 5) 1978: 136-479 (F 14)
State Plane Coordinates - X: 2889929 Y: 988124
Lat/Long: 36.427586°1\1,-75.974942°W Quadrangle: Barco, NC L.L.
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/30/2014; 9/1/2015
Was Applicant Present — Yes; No
5. PROCESSING PROCEDURE: Application Received Complete — 10/13/2015
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification from LUP - Limited Service Area & Conservation
(B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine
Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing - None
Planned — N/A
(F) Type of Structures: Existing — Remnant Bulkhead RECEIVED
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 2 ft/yr OCT 16 2015
Source - Applicant
7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DCM- MHD CITY
FILLED DISTIIRRFn
(A) Shallow Bottom PTA, EW AEC's
±880 ft2
(B) Estuarine Shoreline AEC
±3,500 ft2
(D) Total Area Disturbed: 4,380 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No
8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of a
remnant bulkhead that will tie into adjoining bulkheads.

Joseph J. & Margaret D. Nicolay
Field Investigation Report
Page 2
Proiect Settino
The site of the proposed development is located at 106 Swan Drive (SR#1356), Lot 22 within Belle
Isle Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to Coinjock
Bay and ultimately the Currituck Sound.
The property is a vacant lot that is t16,000 ft2 (t0.37 acres) in size with an elevation of t 3' above
Normal Water Level (NWL). According to the USDA's Natural Resources Conservation Service's
Web Soil Survey, the soil on the property is made up of Newhan fine sand (NeC) and is vegetated
with upland grasses, brush and deciduous trees. Based on available information, there does not
appear to be any archaeological sites on or adjacent to this property.
The shoreline is 100' in length with a t1-2 foot erosion escarpment located at NWL. Vegetation
growing along the shoreline includes a loblolly pine, wax myrtle, briars and deciduous trees.
Wetlands do not exist on the property. A remnant bulkhead is located t5' to 8.5' waterward of NWL
(average of t6.3') along the length of the shoreline.
Both adjacent riparian properties have been bulkheaded and have single-family dwellings
constructed on them. The bulkhead alignment on the adjacent property to the west is in line with the
remnant pilings while the bulkhead alignment on the adjacent property to the east is 3' waterward of
the remnant pilings.
The waters of Coinjock Bay are classified as SC and are closed to shellfish taking. The width of the
canal at this site is ±57'. Water depths within the project site range from 0.5' to 3' below NWL. The
bottom substrate within the project area is made up of fine sands and is void of Submerged Aquatic
Vegetation (SAV).
Development Proposal
In order to prevent further erosion to the site, the applicant proposes to stabilize the shoreline by
constructing 1 00'of wooden bulkhead waterward of the existing remnant bulkhead. The proposed
alignment will tie into the adjacent bulkhead to the east and will be 2' waterward of the bulkhead on
the western side. This alignment is in anticipation of a future bulkhead replacement on the adjacent
properly so that it will be one continuous bulkhead. The proposed bulkhead alignment will average
8.8' waterward of NWL with a maximum distance of t11'. The applicant has indicated that the
erosion rate is approximately 2 feet/year.
Anticipated Impacts
• The construction of the bulkhead along the proposed alignment will result in the filling of t880 ft2
of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source.
The construction of the bulkhead along the proposed alignment will result in the placement of
t58.7 cubic yards of fill material below NWL.
Bulkhead installation, backfill and grading will result in t3,500 ft2 of land disturbance within the
Estuarine Shoreline AEC.
RECEIVED
Submitted by: Ron Renaldi OCT 16 2015
Date: October 13, 2015
DCM- N".

0
To whom it may concern,
October 12, 2015
We would like to install a bulk head on our property at 106 Swan Drive. The
purpose is to cut down erosion along our property, even though it is on a
canal with very little boat traffic. The bulk head would also increase the
value of the property and enable it to the value of said property. We would
like to tie into the two existing bulk heads at 104 and 108 Swan Drive. This
would complete the shoring up on the Swan Drive street property line canal
area.
G NED
OCT 12 2015
EU1i FTIit;1,y
q7i
RECEIVED
OCT 16 2015
DCM- MtID �X

r
NON N"
APPLICATION for
i
OCT 12 2015
Major Development Permit GOA51A(. (RA IA(:,t.1->1(
(test revised 12127106) —'— -.. .__..-...._... _ ..
North CaroUnaDl'I 10N.Of AQ,IA,T,A,I�IANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (N applicable)
Applicant 1: First Name
Joseph
MI
J
Last Name
Nicola
Applicant 2: First Name
Margaret
MI
D
Last Name
Nicolay
ff additional applicants, please attach an additional page(s) with names listed.
Mailing Address
505 Peaceful Road
PO Box
I
City
Chesapeake
State
Virginia
ZIP
23322-2250 1
Country
Phone No.
757 - 651 - 6543 ext.
FAX No.
757 -
482 - 2018
Street Address (N different from above)
City
State
ZIP
Email
2. Agent/ContractorInformation
Business Name
Spence Marine Construction Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Raymond
L
Spence
Agent/ contractor 2: First Name
MI
Last Name
Mailing Address
Po Box
city
State
3117 Lynn Acres Road
Virginia Beach
Virginia
ZIP
Phone No. 1
Phone No. 2
23452
757 463
7700
ext.
exl.
FAX No.
Contractor #
2705-0355-80
Street Address (f different from above)
City
State
ZIP
Emad
<Form continues on back>
RECEIVED
OCT 16 2015
252.8089 2808 .. 1.888-41RCOAST .. w W,v.nccoastalmana em t, a
6CU-`1VWHD CITY

Form DCM MP-1 (Page 2 of 4) APPLICATION for K
Major Development Permit
3. Project Location -
County (can be muthple)
Street Address
State Rd. #
1245
Subdivision Name
City
State
Zip
Bell Island
27929
Phone No.
Lot No.(s) (d many, attach additional page with list)
757-651 -6543 Od
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pas uotank
Canal to Coin'ock Bay
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 Oanmads []Unknown
Currituck Sound
e. ed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
�Ltsr.o�P�
w' as ❑No
work falls within.
Currituck County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (NA.)
100 Ft.
16,000 Sq.feet
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)
+- 3ft ❑NHW or ®N WL
e. Vegetation on tract
Light pine and coastal vegetation
f. Man-made features and uses now on tract
Older piles and remnants of Bulkhead
g. Identify and describe the existing land uses adiacent to the proposed project site.
108 Swan and 104 Swan are residential
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning com nce certificate, if applicable)
❑Yes ❑No
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ito
It. Has a professional archaeological assessment been done for the tract? it yes, attach a copy. ❑Yes []No A
If yes, by whom?
1. Is the proposed pmject located in a National Registered Historic District or does h involve a ❑Yes [:]No jXA
National Register listed or eligible property/
<Form continues on next page> OCT 16 2015
DIM MHQ L .'Y
m

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site?
❑Yes JAO
(it) Are there coastal wetlands on the she?
❑Yes 41
(III) If yes to either (i) or (it) above, has a delineation been conducted?
❑Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
i
N/A
,
o. Describe existing drinking water supply source. r
7
p. Describe existing storm water management or treatment systems.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? Mornmercial ❑Public/Govemment
rivats/Community,
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Protect the bank and adjacent properties from erosion. Long term protection.
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.
Low impact construction; Rubber tracked mini -excavator and
Skid steer. To be mobilized off work trailers.
d. List all development activities you propose.
Restore and Construct bulkhead to tie adjacent properties together protecting the bank.
No development is planned for this lot.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Both
f. What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Acres
3.500
g. will the proposed project encroach on any public easement, public accessway or other area es []No []NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
I. Will wastewater or stornwater be discharged into a wetland? Oyes ❑No!(NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No DNA
I. Is there any mitigation proposed? ❑Yes []No VNA
If yes, attach a mitigation proposal.
<Form continues on back> RECE y
DCM- Cal:.

�f r
,' Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application tam, (MP1)the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (N are always applicable to any major development application. Please consul( 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 applicalion 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 Joseph & Lorranie Donadio Phone No.
Address 108 Swan Dr 252-232-2931
Name Julian & Missy Reynolds Phone No.
Address 104 4wan Dr 252-232-0550
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemhiltee, and issuing dates.
h. Signed consuhant or agent authorization form, itapplicable.
i. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceardmnt 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 En vionmental 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.
further certify that the information provided in this application is truthful to the best of my knowledge. - -
Date /0 - /Z- ZIiS Print Name Joseph Nicola
i
Signature C - -- - !
CP e indicate application attachments pertaining to your proposed project. iJ [,T 1 2015
DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
[]DCM MP-4 Structures Information
RECEIVED
OCT 16 2015
252-a�-9,2-!03 -1-88$-4RCDAST .. www.nccoastatmanagement.net
DCM- MHD CITY

i
Form DCM MP-2
OCT I ! 2l
i
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 inffiimafion:" _ -^^
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
NWL
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
1. EXCAVATION IffThis section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
d. High -ground excavation in cubic yards.
C. (i) Does the area to be excavated include waste$ wettands/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
(it) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
79fThis section not applicable
a. Location of disposal area.
b. Dimensions of disposal area.
c. (1) Do you claim this to disposal area?
d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
❑Yes ❑No []NA
(ii) if no, attach a letter granting permission from the owner.
(li) If yes, where?
e. (1) Does the disposal area Include any coastal wetlandslmarsh
f. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SS),
[]Yes ❑No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(ii) If yes, how much water area is affected?
❑CW ❑SAV ❑SB _
[:]WL ❑None
(ii) Describe the purpose of disposal in these areas:
RECEIVED
OCT 16 2015
revased: 9212tilo6

G�
3. SHORELINE STABILIZATION
(If development is a wood groin, use MP-4 - Structures)
a. Ty of shoreline stabilization:
Tulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _
c. Average distance waterward of NHW or NWL:
-4 foot S' 2 ,4�
❑This section not applicable
b. Lengm: -fit
Width: 1ft
d. Maximum distance waterward of NHW orNWL:
-e*. i i ►A
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
m ths?
Timber Yes ❑No [:]NA
(ii) If yes, state amount of erosion and source of erosion amount
i "ahon.
toward property. Measure from Adjacent bulkhead
g. Number of square fw�t ^of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill 800 Riprap _ Sandy loamy clay
Breakwater/Sill_ Other_
I. Source of fill material.
Upland Quarry
4. OTHER FILL ACTIVITIES VThis section not applicable
(Excluding Shoreline Stabilization)
a
a. (i) Will fill material be brought to the she? es ❑No ❑NA b. (i) Will fill material be placed in coastal wetlandsimarsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
(ii) Amount of material to be placed in the water other wetlands (WL). If any boxes are checked, provide the
c) — number of square feet affected.
(iii) Dimensions of fill area _ ❑CW _ ❑SAV _ ❑SB _
(iv) Purpose of fill OWL _ ❑None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Silt fence Stockpiles
C. (i) Will s navigational$� be required as a result of the project?
❑Yes ❑No; A
(ii) If yes, explain what type and how they will be implemented.
What type of construction equipment will be used (e.g., dmgane
backhoe, or hydraulic dredge)?
Rubber tracked Excavator/Skid steer
d. (i) Will wetlands be cross transporting equipment to project
site? ❑Yes ❑No ;NA
(h) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.

I
T Co) njo4_
gGy
Canal
RECEIVED
OCT 12 2015
CCASMLMANAGEidENf I�
ELIMB TH CITY f
_ 1V
w Proponec� f5,�\Khth� A►>gnmyv,t �--
�--
Rcn.3 3 Tio in'ro
1 E
/
+3 LA } 3 S I E.Js, h. +3I
30CAmA
RECEIVED
'� Reynolds
�S�=5i�41'.rk 7�wrcli sv� /1[L
Nico►ay
1pfo 5won 1't,
I
SwC,r\ pY, ,v e (sR * 135(,))
CAMA MAjoi ?ccm,A sik PIAn
Sosepl-\ Nir.ola
P�o�oscd 6�1kF�c�� �roj«�
Scale : I" : aQ' bh)tt I bS a
OQM Staff t3r"d n� CR.Mt)
APprovcc� by;
C� t
4a�e. �• z- ra

RECEIVED
OCT 16 2015
DCM- MHD CITY
A11D a
SIR 91 1j0

0
PAT MCCRORY
DONALD R. VAN DER VAART
Environmental Will' 1
Quality
October 13, 2015
Mr. and Mrs. Joseph J. Nicolay
505 Peaceful Road
Chesapeake, VA 23322-2250
Dear Mr. and Mrs. Nicolay:
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located 106 Swan Drive within Belle Isle Shores
in Currituck County. It was received complete on 10/13/2015, and appears to be adequate for
processing at this time. The projected deadline for making a decision is 12/27/2015. 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 10/13/2015, 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
'-'Nothing Compares OCT R
State of North Carolina I Environmental Quality v
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1 252-264-3723 [fax]

r.
Mr. and Mrs. Joseph J. Nicolay
October 13, 2015
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 Ron Renaldi, Field Representative,
if you have any questions and or if you wish to receive a copy of his field report.
Sincerely,
Frank Jennings
District Manager, Northeastern District
NC Division of Coastal Management
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Ron Renaldi, Field Representative, DCM, Elizabeth City, NC
RECEIVED
OCT 16 2015
DCM- MHD Tjr

r
WU
WN0T1(0*;
;� g
W o
LAMA FERMI
APPLIED FOR
PROJECT: CONSTRUCT 100' OF WOODEN
BULKHEAD WATER WARD OF REMNANT
BULKHEAD; WILL TIE INTO ADJOINING
BULKHEADS.
COMMENTS ACCEPTED THROUGH 11107115
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Mr. and Mrs. Joseph J. Nicolay Ron Renaldi, Division of Coastal
505 Peaceful Road Management, 1367 US Hwy 17
Chesapeake, VA 23322-2250 South, Elizabeth City, NC 27909;
757-651-6543 252-264-3901, ext. 232

Environmental
Quality
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legals thecoastlandtimes net
FROM: Yvonne Carver, Administrative Assistant
Division of Coastal Management
DATE: 10/13/15
SUBJECT: Public Notice: Joseph & Margaret Nicolay
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Please publish the Notice in the Sunday, 10/18/15 issue of The Coastland Times.
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].
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIO, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
RECEIVED
-"Nothing Compares,.._ OCT 16 2015
State of North Carolina I Environmental Quality DCM- M H D CITY
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1 252-264-3723 [fax]

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 10/13/15. Joseph & Margaret Nicolay propose to construct a bulkhead waterward
of a remnant bulkhead that will tie into adjoining bulkheads at 106 Swan Drive within Belle Isle Shores
S/D in Currituck County.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 1367 US 17 South, 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 11/07/15, 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: Sunday, 10/18/15
RECEivp-n
OCT 16 Z015
DCM- M;

f "'This is a word processing form to be completed in Microsoft Word"' V►`U
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applicant: Joseph J. & Margaret D. Nicolay
Date: 10/12/2015
Project Site County:Cumtuck
Staff.. Ron Renaldi
District: ®Elizabeth City U Washington
[]Morehead City ❑Wilmington
Project Name:
Rover File:
Date of initial application submittal (EX. 1/8/2007): 1011212015
Date application "received as complete" m the Field office (EX: 1/8/2007): 1011212015
Permit Authorization: CAMA Dredge & Fill SBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑ Yes ® No
Photos Taken: Yes ® No❑
Setback Required (riparian): ❑ Yes
No
Critical Habitat ❑Yes SNo DNotsure
15 foot waiver obtained., Yes No
Hazard Notification Returned.
❑Yes ®No
SAV: Yes ®No Not Sure
Shell Bottom: 0 Yes ®No Not
Temporary Impacts: 10 Yes No
Sure
Sandbags: ❑Yes ®No ❑ Not Sure
Did the land use classification come from
Mitigation Required (optional):
county LUP:®Yes ❑No
[]Yes ®No
Moratorium Conditions: Yes CgNo
Environmental Assessment Done:
[]NA
❑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 (HOW)
Ll Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
El (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
(OS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha so)
spicata)
SO
El (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartma
roemerianus)
patens)
APPLICATION FEE'
No fee required - $0.00
❑ 111(A) Private w/ D&F up to 1 acre;
N III(D) Priv. public or comm w/ D&F to 1
3490 can be applied - $250
acre; 3490 cant be applied - $400
Minor Modification to a CAMA Major
Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
El Il. Public or commerciaYno dredge
RECEIVED
$100
and/or fill - $400
rl 1. Private no dredge and/or fill - $250
111(C) Priv. public or comm w /D&F to 1
OCT 16 2015
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252-808-2808 :: 1-888.4RCOAST :: www nccoastalmanacement.net revised: Nov. 2012

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Joseph J. S Margaret D. Nicolay
Date: 1011212015
Describe 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 (not
New Work ®
Replace
100
1
S
8.8
mhw wood)
Maint ❑
❑ Y ®N
Fill (Shoreline
New Work N
Replace
58.7
Stabil. Below
Maint ❑
❑ Y ON
H2O level)
High Ground
New Work 0
Replace
100
35
Disturbance
Maint ❑
❑ Y ON
New Work ❑
Replace
Maint❑
❑Y❑N
New Work Lj
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 Ll
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint❑
❑Y❑N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint [I
❑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
OCT
6
New Work
Replace
Maint❑
❑Y❑N
New Work
Replace
D
�, �.
Maint ❑
❑ Y ❑ N
revised Nov. 2012

i�
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Joseph J. & Margaret D. Nicolay
Date: 1011212015
Describe 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
and/or temp
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
High Grouted
Dredge ❑ FIII ❑ Both ❑ Other ®
3500
3500
Shallow bottom
Dredge ❑ Fill ® Both ❑ Other ❑
880
880
Shoreline
Dredge ❑ Fill ® Both ❑ Other ❑
100
100
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
OCT 16 2015
DCM- MHD CITY
252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012

0
MAJOR PERMIT FEE MATRIX
Applicant: 3os<a1% M09C;rr�&%/
Selection
Development Type
Fee
DCM %
DWQ %
(143001601 4351000931625 6253)
(243001602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0%($0)
involve the filling or
excavation of any wetlands
Oro en water areas:
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-
Ll
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be a lied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be applied
III(C). If General Water
Quality Certification No.
$400 60% ($240)
40% ($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) cannot
be applied:
IV. For development that
El
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
RECEIVED
OCT 16 2015
DCM- MHD CITY

NC Division of Coastal Management
Cashier's Official Receipt o 7 2 7
Date: /l 20 l -S
Received From: oS N co �qy
Permit No.:
Applicant's Name: ' ca 1 s4 S' }M'
Project Address:
YOac
Check No.:
County:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Date:
Signature of Field Representative:
Date:
r

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`'19 LM 00 153 tA51 1L1
wilm
0,d TMS 1®, made aentered into this 26th day of JanaY, 1979.
by and dtesen R. tl. FBal7I. and adi., MANE F. n== and It. t, FHBf+JI.
aM wife, 1ENM S. FHl=, Fertfea of the first Part; co JOWH J. IQO W
and We, wt�ha"f D. MOOIAY, WA &infield Ava,a, Virginia Beath, Virginia,
�
2M55, V the secod pact:
Y''N WI TNg98ET H:
'Kier theY;"aCl1d,' parties of the first pert, in consideration of the
sun of Ten and no/lto -10.00) Dollars and other valuable cmeideradwu, to
tilt paid by the said of Cle eacad pert, receipt of 0ich is hereby
aciaevledged, have ..//d�ad sold od by, this instrument do gran, bargain.
sell and Garvey ro the aaid`6'aties of the second part. their heirs ad
aceigow, Nat certain lot orlllldQpel of lad lying and being situate in Qaxitudc
Cozy, Hocth Carolina. and mrragtiyntindrnrly described as follows:
lot Number 22, of Sectonu D and delineated on trap of Belle
Isle, Inc, recorded in Yap �Iyy. at Page 53 in the Office of the
Register of Daar Deeds of Citwek 1lpit14, North Carolina.
This lot is sold object to restrictive cawata is for Section D
of Belle Isle, Inc. m same, appears of record in the Office of
the Register of Deeds of Qvrcituck Ct1p 1. gook 120, Fag, 492.
TO HAVE AND TO H0LD the aforaeai , together with all privuegaa
and sppLwt,,a,w thereto appertaining, unto b}t3�.ttsparties
aid pties of to second
pert, their heirs and resigns in fee afaple sl*S" e.
Said parties of the first part cwavmt Q�Md with the said parties
of the eeead part, their heirs ad assigns. that ttgra seised of a" land
in fes, and lave the r401t to 00MW the sees in fee alspIs; that the said
lad is free and clear a all ercwCrauea, mapopt ao m1�16ae certain
restrictive owmsnts abevmmtimed; and that they do h reQ�uarnnt and
defend the said title to the ease against the ]awful claim o it person
dmnoevar.
IN WIMSS MEIMW, the said parties of the first part t tv herazo
1
OCT 12 2015
R!_AI,
Book 153 Page 121 RECEIVED
OCT 16 2015
DCM- MHD CITY

m<n
.YR YYL YNIa
• MYY1
YMI 1. YYr IAI
a on 153 rwr 1z4
set e;r halo and seals the day and y m— first above .sitter,.
/ a40MAL)
(senw
(SEAL)
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:, N
YPMRM esch persaally
ingD execution of the forego
Wimeas my hand and
My CO®Nasioi expires:
FmiE WI "E
032M it
1,
county end B
a Notary Public in ald"fur. said
g, y0g= and vifl:. EiAom F.
me this day and ec"O*" )aApq
"Once.
seal. this J�o day od'it �a911uory115}�tli'
_
fe
1
a Natuy Public in and for said
PMMI and write, l.@M E.
e m (d{le day and acimo~'19t*._
due execution of the foregoing Deed oc Gmasymce.
Wimesa my had and notarial seal this '� day of„]apNRYS+is
1,ON
My ommLm siexpires: 40Q
y'
smm fr HIM G1PII ltih
CMVU of aaou'macq p
nd
Filed for ro-,Istjation on tha
�dsy of 19�
sgiets of lheda
J
153 Page 122
RECEIVED
OCT 16 2015
DCM- MHD CITY

■ Complete items 1, 2, and 3. Also complet
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece"
or on the front If space permits'
1. Article Addressed to:
65t-P), L O RK Pir w OA) A D►'
10$ 51,t)Atij , u Ve.
_u122/iuc_k Aft �q9 aq
Article Number
3 Form 3811, Ju3�—
A. Sture a
X �� ❑ Agent
j
❑ Addre
ceived� y (Pdntad Name/
C. Data Deli
.
D. Is delivery address cif erant(frfrom item 17 11 Yes
If YES, enter delivery address below:
❑ No
3.
r.n uer"fied Mails ❑ Priority Mail Express'"
13 Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted D811very7 (Exfre Fee) 0Yes
7012 3460 0002 3869 9222
Domestic Return Receipt
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: -
J J t I A% r YAiee`(uDt_D5
104 JSWf lj S-Of-Ifc-
va x o
B..Recsived by (Poled Name), t j C. Dpte of Del
D. Is delivery address bNerent from item 17 U Ye:
If YES, enter delivery address below: ❑ No
C u P p- r T u c.k ry c
oC l l 1
3. Woe Type
y
Certified Mail® ❑ Priority Mail Express'
❑ Registered ❑ Return Receipt for Merchandls.
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. ArticlNumbe
7012
&46a �;Mib
3869 9215
(nans r1nom
(Transfer from
PS Form 3811, July 2013
()L-"Ac Return Receipt
ft
RECEIVED
OCT 16 2015
DCM- MHC CITY

File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
iT;
106 Swan Dr. 9-1-2015 (1).JPG
Auto
1 /400
2.6
0
80(Auto)
5.8mm
Auto
106 Swan Dr. 9-1-2015 (2).JPG
Auto
11320
2.6
0
80(Auto)
5.8 mm
Auto
106 Swan Dr. 9-1-2015 (3).JPG
Auto
1 /320
2.6
0
m m o) 5.8RECEIVED
.8
Auto OCT 16 2015
DCM- MHD CITY

File Name
106 Swan Dr. 9-1-2015 (4).JPG
Shooting Mode
Auto
Tv (Shutter Speed)
:1/250
Av (Aperture Value)
: 2.6
Exposure Compensation
: 0
ISO Speed
: 80(Auto)
Focal Length
5.8 mm
White Balance
: Auto
File Name
106 Swan Dr. 9-1-2015 (5).JPG
Shooting Mode
: Auto
Tv (Shutter Speed)
: 11320
Av (Aperture Value)
2.6
Exposure Compensation
: 0
ISO Speed
: 80(Auto)
Focal Length
: 5.8 mm
White Balance
Auto
RECEIVED
OCT 16 2015
DCM- MHD CITY
File Name
106 Swan Dr. 9-1-2015 (6).JPG
Shooting Mode
: Auto
Tv (Shutter Speed)
: 1/200
Av (Aperture Value)
7.1
Exposure Compensation
: 0
ISO Speed
80(Auto)
Focal Length
: 5.8 mm
White Balance
: Auto

a
File Name
106 Swan Dr. 9-1-2015 (7).JPG
Shooting Mode
Auto
Tv (Shutter Speed)
: 1/250
Av (Aperture Value)
2.6
Exposure Compensation
: 0
ISO Speed
: 80(Auto)
Focal Length
: 5.8 mm
White Balance
: Auto
File Name
: 106 Swan Dr. Belle isle 10-30-2014 (1).J-
PG
Shooting Mode
Auto
Tv (Shutter Speed)
: 1/320
Av (Aperture Value)
: 2.6
Exposure Compensation
: 0
ISO Speed
: 80(Auto)
Focal Length
5.8 mm
White Balance
: Auto
File Name
106 Swan Dr. Belle Isle 10-30-2014 (2).J-
PG
Shooting Mode
Auto
Tv (Shutter Speed)
: 1/200
Av (Aperture Value)
2.6
Exposure Compensation
: 0
ISO Speed
:80(Auto) RECEIVED
Focal Length
: 5.8 mm
White Balance
Auto OCT 16 2015
DCM- MHD CITY

K
File Name
106 Swan Dr. Belie Isle 10-30-2014 (3).J-
PG
Shooting Mode
Auto
Tv (Shutter Speed)
: 1/200
Av (Aperture Value)
: 2.8
Exposure Compensation
: 0
ISO Speed
80(Auto)
Focal Length
: 8.8 mm
White Balance
: Auto
RECEIVED
OCT 16 2015
DCM- MHD CITY

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Joseph J. & Margaret D. Nicolay
2. LOCATION OF PROJECT SITE: 106 Swan Drive (SR#1356), Lot 22 within Belle Isle
Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to
Coinjock Bay.
Photo Index
2006: 194-7111 (L 12) 2000: 194-2333 (L 12) 1995: 193-2044 (G 12)
1989: N/A 1984: 127-687 (W 5) 1978: 136-479 (F 14)
State Plane Coordinates - X: 2889929 Y: 988124
Lat/Long: 36.4275860N,-75.974942°W Quadrangle: Barco, NC L.L.
INVESTIGATION TYPE: CAMA/Dredge & Fill
INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/30/2014; 9/1/2015
Was Applicant Present — Yes; No
5. PROCESSING PROCEDURE: Application Received Complete — 10/13/2015
6. SITE DESCRIPTION: Office - Elizabeth City
(A) Local Land Use Plan - Currituck County
Land Classification from LUP - Limited Service Area & Conservation
(B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine
Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing - None
Planned — N/A
(F) Type of Structures: Existing — Remnant Bulkhead
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 2 ft/yr
Source - Applicant
7. HABITAT DESCRIPTION: [AREA, square feet (ft2)]
FILLED DISTURBED
(A) Shallow Bottom PTA, EW AEC's
±880 ft2
(B) Estuarine Shoreline AEC
±3,500 ft2
(D) Total Area Disturbed: 4,380 ft2 NOV 16 2015
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No DCM- MHD CITY
PROJECT SUMMARY: The applicant proposes to construct a bulkhead waterward of a
remnant bulkhead that will tie into adjoining bulkheads.

Joseph J. & Margaret D. Nicolay
Field Investigation Report
Page 2
Project Settinq
The site of the proposed development is located at 106 Swan Drive (SR#1356), Lot 22 within Belle
Isle Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to Coinjock
Bay and ultimately the Currituck Sound.
The property is a vacant lot that is ±16,000 ftz (±0.37 acres) in size with an elevation of ± 3' above
Normal Water Level (NWL). According to the USDA's Natural Resources Conservation Service's
Web Soil Survey, the soil on the property is made up of Newhan fine sand (NeC) and is vegetated
with upland grasses, brush and deciduous trees. Based on available information, there does not
appear to be any archaeological sites on or adjacent to this property.
The shoreline is 100' in length with a ±1-2 foot erosion escarpment located at NWL. Vegetation
.growing along the shoreline includes a loblolly pine, wax myrtle, briars and deciduous trees.
Wetlands do not exist on the property. A remnant bulkhead is located ±5' to 8.5' waterward of NWL
(average of ±6.3') along the length of the shoreline.
Both adjacent riparian properties have been bulkheaded and have single-family dwellings
constructed on them. The bulkhead alignment on the adjacent property to the west is in line with the
remnant pilings while the bulkhead alignment on the adjacent property to the east is 3' waterward of
the remnant pilings.
The waters of Coinjock Bay are classified as SC and are closed to shellfish taking. The width of the
canal at this site is ±57'. Water depths within the project site range from 0.5' to 3' below NWL. The
bottom substrate within the project area is made up of fine sands and is void of Submerged Aquatic
Vegetation (SAV).
Development Proposal
In order to prevent further erosion to the site, the applicant proposes to stabilize the shoreline by
constructing 100' of wooden bulkhead waterward of the existing remnant bulkhead. The proposed
)alignment will tie into the adjacent bulkhead to the east and will be 2' waterward of the bulkhead on
the western side. This alignment is in anticipation of a future bulkhead replacement on the adjacent
property so that it will be one continuous bulkhead. The proposed bulkhead alignment will average
8.8' waterward of NWL with a maximum distance of ±11'. The applicant has indicated that the
erosion rate is approximately 2 feet/year.
Anticipated Impacts
• The construction of the bulkhead along the proposed alignment will result in the filling of ±880 ft2
of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source.
The construction of the bulkhead along the proposed alignment will result in the placement of
±58.7 cubic yards of fill material below NWL.
• Bulkhead installation, backfill and grading will result in ±3,500 ftz of land disturbance within the
Estuarine Shoreline AEC.
Submitted by: Ron Renaldi
Date: October 13, 2015

To whom it may concern,
October 12, 2015
We would like to install a bulk head on our property at 106 Swan Drive. The
purpose is to cut down erosion along our property, even though it is on a
canal with very little boat traffic. The bulk head would also increase the
value of the property and enable it to the value of said property.. We would
like to tie into the two existing bulk heads at 104 and 108 Swan Drive. This
would complete the shoring upon the Swan Drive street property line canal
area.
VEF)
OCT 12 2015� I
I tULP'''Ti; Gt1Y J
� 4

ECM MIK4
APPLICATION for
Major Development Permit
(last revised 12127106)
1
OCT 12 2015
.IV
El
y
North Carplig QlVASJ WQf ry,QA&MyMANAGEMENT
1. Primary Applicant(Landowner Information
Business Name
Project Name (If applicable)
Applicant 1: First Name
Joseph
MI
J
Last Name
Nicola
Applicant 2: First Name
Margaret
MI
D
Last Name
Nicolay
If additional applicants, please attach an additional pages) with names Meted.
Mailing Address
505 Peaceful Road
PO Box
City
Chesapeake
slate
Virginia
ZIP
23322-2250
country
Phone No.
757 - 651 - 6543 ext.
FAX No.
757 -
482 - 2018
Street Address (# different from above)
city
Stale
ZIP
Email
2. Agent(Contractor Information
Business Nam
Spence Marine Construction Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Raymond
L
Spence
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
3117 Lynn Acres Road
Virginia Beach
Virginia
ZIP
Phone No. 1
Phone No. 2
23452
757 463
7700
ext
ext.
FAX No.
Contractor#
2705-0355-80
Street Address (d different from above)
city
State
ZIP
Email
RECEIVED<Form continues on back>
wi 16 45
252-9'03 .. 1-888-48cnaal
DCM- MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location I
('-
County (can be multiple)
Street Address Q
State Rd. #
-
......_.......
1245
Subdivision Name City
State
Zip
Bell Island
27929
Phone No.
Lot No.(s) (if many, attach additional page with list)
757-651 -6543
1 1
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pas uotank
Canal to Coin'ock Bay
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Nstural 0anmade ❑Unknown
Currituck Sound
a. Is posed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
vo es ❑No
work falls within.
Currituck County
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Stre of entire tract (sq.ft.)
100 Ft.
16,000 Sq.feet
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(ff many lot sizes, please attach additional page with a list)
+- 3ft ❑NHW or ®NWL
e.
Vegetation on tract
Light pine and coastal vegetation
f.
Man-made features and uses now on tract
Older piles and remnants of Bulkhead
g.
Identify and describe the existing land uses aclacent to the proposed project site.
108 Swan and 104 Swan are residential
h.
How does kcal government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning com nce cenifirate, if applicable)
❑Yes ❑No NA
j.
Is the proposed activity pan of an urban waterfiord redevelopment proposal? ❑Yes o
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No 4A
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No JAkA
National Register listed or eligible property?
RECEIVED
<Form continues on next page>
NOV 16 2015
252.s08-2808 :: 11-888.4RcoAs - WID CITY

Form DCM MP-1 (Page 3 of 4) APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
❑Yas W
(if) Are there coastal wetlands on the site?
❑Yes ' A,
(ii) It yes to either (i) or (ii) above, has a delineation been conducted?
- ❑Yes- ONo- -
(Attach documentation, it available)
n. Describe existing wastewater treatment facilities.
-".." "--------- ---
N/A
o. Describe existing drinking water supply source.
N/A-:--
i
l
p. Describe existing storm water management ortreatment systems.
5. Activities and Impacts
a. Will the project be for commercial, public, or Private use? marcial ❑PubliG/Govemment
dvate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Protect the bank and adjacent properties from erosion. Long term protection.
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.
Low impact construction; Rubber tracked mini -excavator and
Skid steer. To be mobilized off work trailers.
d. List all development activities you propose.
Restore and construct bulkhead to tie adjacent properties together protecting the bank.
No development is planned for this lot.
e. Ara the proposed activities maintenance of an existing project, new work, or both?
Both
f. What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or []Acres
3.500
g. Will the proposed project encroach on my public easement, public acGessaay or other area WYes []No []NA
that the public has established use of? -
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
I. Will wastewater or stormwater be discharged into a wetland? Oyes ❑No VNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No 14A
j. Is there any mitigation proposed? ❑Yes ❑No Qt
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
NOV 16 2015
252.906-2808 .. 1-888.4RCOAST .. www,nccoastalma r lOW MIlD CITY

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) — (1) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to sole. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, cleady 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 pmposed project to the Division of Coastal Management.
Name Joseph & Lorranie Donadio Phone No.
Address 108 Swan Dr 252-232-2931
Name Julian & Missy Reynolds Phone No.
Address 1 fI Swan nr 252-232-0550
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittes, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Welland 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 e.0 - /Z- Zill Print Name Joseph Nicola
Signature C/
7PI se indicate application attachments pertaining to your proposed project.
OCT 1 2 2015
CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
NOV 16 2015
252-808.2808 .. 1-6sr,
Mry ssr,OQ rT D www.necoastaima"agemetrnt.net
CITY

Form DCM MP-2
EXCAVATION and FILL,j (__..
(Except for bridges and culverts) EA! a _--_. ` j _ N r
�
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 infamlatiGn'.—' °" ° -^�•�°%
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
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
I
I
I
I
NA
NA
Depth
1. EXCAVATION VThis section not applicable
a. Amount of material to be excavated from below NHW or N WL 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 feat affected.
❑CW ❑SAV ❑SS
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL This section not applicable
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ONO ❑NA
(it) If no, attach a letter granting permission from the owner
area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
Ili) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area In the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ONO ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected. (it) If yes, how much water area is affected?
❑CW ❑SAV ❑SB
OWL ❑None
(n) Describe the purpose of disposal in these areas:
RECEIVED
NOV 16 2015

,
Form DCM MP-2 (Excavation and Fill; Page 2 of 21
3. SHORELINE STABILIZATION ❑This section not applicable
(It development is a wood groin, use MP-4 - Structures)
A Tvoe of shoreline stabilization: b. Length: 4nn,n
Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other _
C. Average distance waterward of NHW or NWL:
-*,foot f5, �S tr
e. Type of stabilization material:
Timber
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 990 Riprap _
Breakwater/Sill_ Other_
i. source of fill material.
Upland Quarry
Width: 1 ft
d. Maximum distance watarward of NHW or NWL:
-5* 11 K
f. (i) Has there been shoreline erosion during preceding 12
mg ths?
JJYes ❑No ❑NA
(it) If yes, state amount of erosion and source of erosion amount
rotation.
toward property. Measure from Adjacent bulkhead
In. Type of fill material.
Sandy loamy clay
4. OTHER FILL ACTIVITIES This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? Ves ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW).
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area _
(iv) Purpose of fill
a. How will excavated or fill material be kept on site and erosion
controlled?
c. (i) Will navigational �11a be required as a result of the project?
❑Ves ❑No DNA
(n) If yes, explain what type and how they will be implemented.
suomergea aquanc vegeranon tarry), 6@A wuon1 tool, .a
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV _ ❑SB _
OWL _ ❑None
(li) Describe the purpose of the fill in these areas:
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Rubber tracked Excavator/Skid steer
d. (i) Will wetlands be crossecyin transporting equipment to project
site? ❑Yes ❑No VNA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Date Applicant Name
Project Name - - nt Signatu
R CEIVED /
NOV 16 2015
i
DCM- MHD CITY

v
,ww ante
i rune a,u, sees
•snare
u�x.rr„ nrv. r
``TaX% emi 153 74:11L1
= oafm
t1v,,TM DM, wads and stases into this 26th day of Jeaary, 1978.
d 4 by e teesn R. H. M013 . ad wife. UAM P. nEWL and R. R. ILL
and wife. IENM S. 1OUML, pasties of the first Pert: to jm" J. K=w
ad wife, WtW D. N1001M, 4904 Bronfield Avmae, Virginia Beach, Yirgltda,
23455. W the a ,end Part:
WI TNB SBDTH:
I1at tM�i���-'''t���id,,,,,,"""��-"""p'''atties of the first Pert, in consideration of the
d sum of Ten ano/10.00) Dollars and other voluble considerations, to
than paid by the said *ytlea of the eeco d pert. receipt of stdch is hereby
aclm hedged, heve 6agafned and sold and by. this Instrument do Baer, bsrsain.
sell and cony to theVV1aa of the second pact, their heirs and
aselans.
that certain lot or �Sof land IylrA and being situate in Qaride
Notch Carolina, anmor' e*�prtlailarly described as Follows:
lot Camber 22, of Section D Q1*v- and delineated on Nap of Bella
Isle, Inc, recorded in Map Ba*vkiy at Page 53 in the Office of the
Register of Deeds of Claritvck aonnq, tbrth Carolina.
This lot is add Wect to restrictive cwenahts for Section D
of Belle Lie• Inc. as aamhe appears of record in the Office of
the Register of Deeds of Oo:ritudt C ae • in Book IM, Page 492.
TD IME AND TO HID the dorsa%Anldl
together with all privileges
and aMateahmnes thereto appertaining, unto tw�.ta�aid parties of the a,
pert, their heirs and essigas in fee sisple ethadljtte.
Said parties of the first pert euvahmnt and with the said parties
of the second part, their heirs and essige, that tih�r�gr9 seised of said land
in fee, and have the right to convey the same in fee 2 Is; that the said
lad is free and clear of all ahMbrancxw. except as tu�16" certain
restrictive wvam,tc ahouaiaKioned; and that they do berelp:wetcat ad
defend the said title to the 9ase Win t the 181 aA Claim o it persons
whtsaoaver.
IN WrfWM hJIMW, the said parties of the first Part t h¢eanto
RECEIVED
NOV 16 2015
DCM- MHD CITY
Book 163 Page 121
OCT 1 2 2015
�^ �TALr:'nNA('-'hWt df

acon 153 race 1?z
Set hands and mars tlr day rd year first above writtm.
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C my and eti�i c MOUML and wife, IMM L.
yUMML, each personally appeared beforday and sriam!1edyA'd"iAb';
due execution of the foregoing Deed of Gann�ance. '.: •1:�>; R `.' ...
Witness ay head and coteriel seal this day of,,.lMyaYy ��18; •,
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fN cmmiaatan aQslree: js14. &TH". y�t,��,, L,A
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153 Pape 122
RECEIVED
NOV 16 Z015
DCM- MHD CITY

W�1
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Joseph & Margaret Nicolay County: Currituck
LOCATION OF PROJECT: 106 Swan Drive (SR 1356), Lot 22 within Belle Isle Shores S/D, adjacent Coinjock Bay
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 10/13/15
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth Ci
DISTRICT MANAGER REVIEW: _ ( Date: /O /
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 1011,11kFEE REC'D: $ 400 (60/40%)
PUBLIC NOTICE REC'D: Advertise: 10/18/15 END OF NOTICE DATE: Comments due: 11/07/15
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: `t 5 ON:
C) 75 DAY DEADLINE: 12/27/15
150 DAY DEADLINE: 41 /1 Le /
MAIL OUT DATE: Circulation: STATE DUE DATE: Commeuts due: / �o `( (e S
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
I I I t
Coastal Management - LUP Consistency
ro /I
Division of Community Assistance
Land Quality Section--DEMLR
DWR/DWQ— Aquifer ProtectionPCM
BiQ = Storm Water
l
�Q
DWR—Public Water Supply
Q
State Property Office
(
X
Division of Archives & History —Cultural Res.
( 2
X
Division of Env. Health —Shellfish Sanitation
p
Division of Highways --DOT
�J
Wildlife Resources Commission
`L(p
IVED
Local Permit Office/Planning Dept.
j 7
X
O C T 16 Z 015
DMF—DCM Fisheries Resource Specialist
10
IR
Corps of Engineers
Z
ID/30// X aC3l00 DvvjC l ( 16-c

PAT MCCRORY
Goverrtar
DONALD R. VAN DER VAART
Secrewy
Environmental
Quality
MEMORANDUM
TO: Courtney Spears, Assistant Major Permits Coordinator
THROUGH: Frank Jennings, District Manager
FROM: Ron Renaldi, Field Representative R.A.R.
DATE: October 28, 2015
SUBJECT: Joseph J. & Margaret D. Nicolay Major Permit Recommendations
The applicant proposes to construct a bulkhead waterward of a remnant bulkhead that will tie
into adjoining bulkheads.
The site of the proposed development is located at 106 Swan Drive (SR#1356), Lot 22 within
Belle Isle Shores S/D, Currituck, Currituck County, adjacent to a man-made canal that leads to
Coinjock Bay.
The development proposal involves the Estuarine Waters (EW), Public Trust Area (PTA), and
Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
15A NCAC 07H.0203 Management Objective of the Estuarine and Ocean System
It is the objective of the Coastal Resources Commission to conserve and manage estuarine
waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an
interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic,
and aesthetic values and to ensure that development occurring within these AECs is compatible
with natural characteristics so as to minimize the likelihood of significant loss of private property
and public resources. Furthermore, it is the objective of the Coastal Resources Commission to
protect present common-law and statutory public rights of access to the lands and waters of the
coastal area.
Consistent: The proposed development is consistent with the intent of this rule.
RECEIVED
,"Nothing Compares_. NOV 0 2 2015
1367 US 17 South, Elizabeth City, NC 27909 DC M- M H D CITY
Phone: [phone] \ FAX: [phone] ; Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

Courtney Spears, Assistant Major Permits Coordinator
Joseph J. & Margaret D. Nicolay Major Permit Recommendations
October 28, 2015
Page 2
07H.0206 Estuarine Waters
(c) Management Objective. To conserve and manage the important features of estuarine waters
so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to
coordinate and establish a management system capable of conserving and utilizing estuarine
waters so as to maximize their benefits to man and the estuarine and ocean system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management
objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine
waters and their vital components. Second priority of estuarine waters use shall be given to
those types of development activities that require water access and use which cannot function
elsewhere such as simple access channels; structures to prevent erosion; navigation channels;
boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular
location, use, and design characteristics shall be in accord with the general use standards for
coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208.
Consistent: The proposed development is consistent with the intent of this rule.
07H.0207 Public Trust Areas
(c) Management Objective. To protect public rights for navigation and recreation and to
conserve and manage the public trust areas so as to safeguard and perpetuate their biological,
economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which
jeopardizes the capability of the waters to be used by the public for navigation or other public
trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent
erosion, and the building of piers, wharfs, or marinas are examples of uses that may be
acceptable within public trust areas, provided that such uses shall not be detrimental to the public
trust rights and the biological and physical functions of the estuary. Projects which would
directly or indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish waters are considered incompatible with the
management policies of public trust areas. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas.
RECEIVED
Consistent: The proposed development is consistent with the intent of this rule. NOV 0 2 2015
15A NCAC 07H.0208 Use Standards DC M- M H D CITY
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.

I
Courtney Spears, Assistant Major Permits Coordinator
Joseph J. & Margaret D. Nicolay Major Permit Recommendations
October 28, 2015
Page 3
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse
impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning
and nursery areas.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(B) states that development shall comply with state and federal water and air
quality standards.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(D) states that development shall not increase siltation.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(E) states that development shall not create stagnant water bodies.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts
on life cycles of estuarine and ocean resources.
Consistent: The proposed development is consistent with the intent of this rule. RECEIVED
Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for NOV 0 2 2015
navigation or for other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development is consistent with the intent of this rule.
DCM- MHD CITY
Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads pertains
to this project, and those subparagraphs not listed are not applicable to this project.
Paragraph (7) Bulkheads
Subparagraph (7)(A) states, 'Bulkhead alignment, for the purpose of shoreline stabilization, shall
approximate the location of normal high water or normal water level."

Courtney Spears, Assistant Major Permits Coordinator
Joseph J. & Margaret D. Nicolay Major Permit Recommendations
October 28, 2015
Page 4
Inconsistent: The proposed bulkhead alignment averages t8.8' waterward of NWL;
however, the proposed alignment is 2' waterward of a remnant bulkhead and will tie into
an adjacent bulkhead.
Subparagraph (7)(B) states, `Bulkheads shall be constructed landward of coastal wetlands in
order to avoid significant adverse impacts to the resources."
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (7)(C) states, '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: The applicants have indicated that clean fill will be used.
Subparagraph (7)(D) states, "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: The site does have an identifiable erosion problem. Bulkheads exist on both
sides of the property which have accelerated erosion on the landward side of the existing
remnant bulkhead.
(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: The proposed bulkhead will align with an adjacent bulkhead to the east and
will be 2' waterward of the bulkhead to the west as well as being 2' waterward of the
remnant bulkhead. It should be noted that the canal shoreline across and to the east of the
applicants property have all had replacement bulkheads constructed within the last ±5
years while the adjacent properties to the west have not. These bulkheads are old and will
eventually need to be replaced and the proposed alignment will allow for a continuous
alignment when this occurs.
(iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners; RECEIVED
Consistent: The proposed development is consistent with the intent of this rule.
NOV 0 2 2015
DCM- MHD CITY

f-
Courtney Spears, Assistant Major Permits Coordinator
Joseph J. & Margaret D. Nicolay Major Permit Recommendations
October 28, 2015
Page 5
(iv) the need for a bulkhead below normal high water or normal water level is documented
by the Division of Coastal Management;
Consistent: The proposed development is documented in a Field Investigation Report.
(v) the property to be bulkheaded is in a nonoceanfront area.
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0209 Coastal Shorelines
(c) Management Objective. The management objective is to ensure that shoreline development
is compatible with the dynamic nature of coastal shorelines as well as the values and the
management objectives of the estuarine and ocean system. Other objectives are to conserve and
manage the important natural features of the estuarine and ocean system so as to safeguard and
perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a
management system capable of conserving and utilizing these shorelines so as to maximize their
benefits to the estuarine and ocean system and the people of North Carolina.
Consistent: The proposed development is consistent with the intent of this rule.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. These uses shall be limited to those types of development activities
that will not be detrimental to the public trust rights and the biological and physical functions of
the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid,
mitigate or reduce adverse impacts of development to estuarine and coastal systems through the
planning and design of the development project. In every instance, the particular location, use,
and design characteristics shall comply with the general use and specific use standards for
coastal shorelines, and where applicable, the general use and specific use standards for coastal
wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
Development shall be compatible with the following standards:
(1) All development projects, proposals, and designs shall preserve and not weaken or eliminate
natural barriers to erosion including peat marshland, resistant clay shorelines, and cypresrFUEulL' E IV E D
protective fringe areas adjacent to vulnerable shorelines.
NOV 0 2 2015
Consistent: The proposed development is consistent with the intent of this rule.
DCM- MHD CITY
(2) All development projects, proposals, and designs shall limit the construction of impervious
surfaces and areas not allowing natural drainage to only so much as is necessary to adequately
service the major purpose or use for which the lot is to be developed. Impervious surfaces shall
not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively
demonstrate, through innovative design, that the protection provided by the design would be
equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas
exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are
not increased and the applicant designs the project to comply with the intent of the rule to the
maximum extent feasible.

Courtney Spears, Assistant Major Permits Coordinator
Joseph J. & Margaret D. Nicolay Major Permit Recommendations
October 28, 2015
Page 6
Consistent: The proposed development is consistent with the intent of this rule.
(3) All development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along the
margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of
the buffer zone nearest the land disturbing development.
Consistent: The proposed development is consistent with the intent of this rule.
(B) No development project proposal or design shall permit an angle for graded slopes or fill
which is greater than an angle which can be retained by vegetative cover or other erosion -control
devices or structures.
Consistent: The proposed development is consistent with the intent of this rule.
(C) All development projects, proposals, and designs which involve uncovering more than one
acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of
completion of the grading; provided that this shall not apply to clearing land for the purpose of
forming a reservoir later to be inundated.
Consistent: The proposed development is consistent with the intent of this rule.
(4) Development shall not have a significant adverse impact on estuarine and ocean resources.
Significant adverse impacts include development that would directly or indirectly impair water
quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic
Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or
cause degradation of shellfish beds.
Consistent: The proposed development is consistent with the intent of this rule.
(5) Development shall not interfere with existing public rights of access to, or use of, naviggwq .
waters or public resources. RIECETJED
Consistent: The proposed development is consistent with the intent of this rule. NOV 0 2 2015
(7) Development shall not cause irreversible damage to valuable, historic architectural or DCM. M H D CiII
archaeological resources as documented by the local historic commission or the North Carolina
Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
(8) Established common-law and statutory public rights of access to the public trust lands and
waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.

Courtney Spears, Assistant Major Permits Coordinator
Joseph J. & Margaret D. Nicolay Major Permit Recommendations
October 28, 2015
Page 7
Consistent: The proposed development is consistent with the intent of this rule.
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new
development shall be located a distance of 30 feet landward of the normal water level or normal
high water level, with the exception of the following:
(A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0601 No Violation of Any Rule
No development shall be allowed in any AEC which would result in a contravention or violation
of any rules, regulations, or laws of the State of North Carolina or of local government in which
the development takes place.
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0602 Pollution of Waters
No development shall be allowed in any AEC which would have a substantial likelihood of
causing pollution of the waters of the state in which shellfishing is an existing use to the extent
that such waters would be officially closed to the taking of shellfish. This rule shall also apply to
development adjacent to or within closed shellfish waters when a use attainability study of those
waters documents the presence of a significant shellfish resource in an area that could be
expected to be opened for shellfishing given reasonable efforts to control the existing sources of
pollution.
Consistent: The proposed development is consistent with the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application and plans, I recommend a Major Permit be issued to Joseph J. & Margaret
D. Nicolay with the standard permit conditions associated with Bulkheads.
RECEIVED
NOV 0 2 2015
DCM- MHD CITY

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Environmental Se`rerOry
Quality
October 14, 2015
TO: Charlan Owens, District Planner
Division of Coastal Management
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Joseph & Margaret Nicolay
Project Location: 106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Proposed Project: Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 ffax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
DATE to "(�- i_� �...�O
D
RE C'EIVED ^--Nothing Compares
State of North Carolina I Environmental Quality
O SIC I 9 2015 1367 US Hwy 17 South I Elizabeth City, NC 27909
Dr!,,,1- 6AHD CITY 252-2643901 1 252-2643723 [fax]

111
PAT MCCRORY
('.w"""
DONALD R. VAN DER VAART
sm e'uf }
Environmental
Quality
MEMORANDUM
TO: Doug Huggett, DCM Major Permits Coordinator
Division of Coastal Management
FROM: Charlan Owen ICP, NE DCM District Planner
Division of Co stal Management
SUBJECT: Major Permit Request by Joseph and Margaret Nicolay to install 100 linear feet
of bulkhead along a manmade canal that connects to Coinjock Bay; on
property located at 106 Swan Drive, in Currituck County.
Date: October 15, 2015
Consistency Determination: The request is consistent with/not in conflict with the Currituck
County 2006 Core Land Use Plan (LUP) certified by the CRC
on May 18, 2007 and amended on September 25, 2008 and
June 24, 2009.
Overview: The vacant .37 acre subject property has 100 linear feet of shoreline along a
manmade canal that connects to Coinjock Bay. The canal is approximately 57 feet wide at
this location with water depths ranging from .5 to 3 feet below Normal Water Level (NWL).
The site elevation is approximately 3 feet above NWL. Site vegetation consists of upland
grasses, brush and deciduous trees. Vegetation growing along the shoreline includes a
loblolly pine, wax myrtle, briars and deciduous trees. The property is located in the AE
floodzone. A remnant bulkhead is located 5 to 8 feet waterward of NWL along the length of
the shoreline. A 1 to 2 foot erosion escarpment is located at NWL. The applicant has
indicated an erosion rate of approximately 2 feet per year.
Installation of 100 linear feet of bulkhead along the manmade canal is proposed. The
bulkhead will tie in to adjacent bulkheads to the east and west. The bulkhead will align with
the bulkhead to the east and will be located 2 feet waterward of the bulkhead to the west. The
bulkhead alignment will average 8.8 feet waterward of NWL with a maximum distance of 11
feet waterward.
The waters of Coinjock Bay are classified as Class SC waters and are closed to shellfish
taking. Submerged aquatic vegetation was not observed growing within the project area.
Based on available information, there are no archaeological sites on or adjacent to the
property.
Anticipated impacts resulting from this project are expected to include: the filling of 880 sq. ft.
of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC), and; the
disturbance of 3,500 sq. ft. of Estuarine Shoreline AEC.
"'Nothing Compares -
RECEIVED
State of North Carolina I Environmental Quality OCT 19 2015
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1 252-264-3723 [fax]
DCM- MHD CITY

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 2 of 3
Basis for Determination:
The property is located within the "Courthouse' subarea and is designated as "Limited Service
Areas (Areas Preferred for Low Density Development)" on the Currituck County Future Land
Use Map (FLUM). Areas of Environmental Concern (AECs) are designated as "Conservation
Areas' as indicated on Page 11-1.
The purpose of the Conservation class is to provide for the long-term management and
protection of significant, limited, or irreplaceable areas. Proper management is needed to
conserve the natural, cultural, recreational, scenic or biologically productive values of these
areas. The Conservation class is applied to areas that should not be developed at all
(preserved), or if developed, done so in a very limited manner characterized by careful planning
and cautious attention to the conservation of environmental features.
Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or
foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply
financial support".
The following LUP policies may be applicable to this request:
Land Use Compatibility:
Policy ES4, Pages 9-5 and 9-6.
"In approving new developments, Currituck County shall support the retention or
creation of a vegetated buffer area along ESTUARINE SHORELINES as a
simple, effective and low-cost means of preventing pollutants from entering
estuarine waters. Exceptions to this requirement may include developments
involving pre-existing man-made features such as hardened shorelines, ditches,
and canals.... The County also supports CAMA use standards for all COASTAL
SHORELINES, whether estuarine or otherwise."
Policy ES5, Page 9-6.
"Uses allowed in ESTUARINE WATERS must be water dependant (public
access, docks, piers, erosion control, and other CAMA-approved uses) and must
not interfere with the proper function, cleanliness, salinity, and circulation of the
resource..."
RECEIVED
OCT 19 2015
State of North Carolina I Environmental Quality M'„' n �; STY
1367 US Hwy 17 South I Elizabeth City, NC 27909 t)CM_
252-264-3901 1 252-264-3723 [fax]

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 3 of 3
Natural Hazard Area:
Policy NH2, Page 9-16.
"The County shall require development and redevelopment within SPECIAL
FLOOD HAZARD AREAS to meet the standards of the National Flood Program
and the County's Flood Damage Prevention Ordinance..."
Policy NH8, Pages 9-16 and 9-17.
"Currituck County encourages owners of PROPERTIES ALONG ESTUARINE
SHORELINES to employ the least hardened approach to shoreline stabilization
(i.e. marsh grass favored over riprap favored over bulkheading, etc.), provided
that reasonable access is available to install the technology available."
Water Quality:
Policy WQ3, Page 9-17.
"Currituck County supports policies, plans and actions that help protect the water
quality of the county's estuarine system by preventing SOIL EROSION AND
SEDIMENTATION, and by controlling the quantity and quality of STORMWATER
RUNOFF entering the estuary."
Policy WQ4, Page 9-17.
"RUNOFF AND DRAINAGE from development, forestry and agricultural activities
shall be of a quality and quantity as near to natural conditions as possible. Post
development runoff shall not exceed pre -development volumes."
Local Areas of Concern:
Policy HP4, Page 9-20.
"The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC AND
ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged."
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1 252-264-3723 [fax]

W
Environmental
Quality
October 14, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Lee Padrick
Division of Community Assistance
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
PAT MCCRORY
Ivor
DONALD R. VAN DER VAART
Secmfar
RECEIVED
OCT 2 6 2015
DCM- MHD CITY
CAMA/DREDGE & FILL Permit Application Review
Joseph & Margaret Nicolay
106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi 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.
[ems 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/S-
- `- 'Nothing Compares
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264.3901 1 252-264-3723 [fax]

4
...Fri. �.. �. .. _i. ��..e .._... a-��.. �.. ...• _. .. a. .. _•n ..�. ��r+ri w���.•�-...won ^Y .� rI

(�S
N.
Environmental
Quality
October 14, 2015
PAT MCCRORY
Govern"
DONALD R. VAN DER VAART
Secreloty
RECEIVED/NCDENR/DWR
OCT 16 2015
LVMIVAVl Ll LVITX Water QuaNy Regional
Operabons Section
TO: Robert Tankard, Environmental Engineer Washington Regional Offloe
DWR - Water Quality, Aquifer Protection Section, WaRO
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Joseph & Margaret Nicolay
Project Location: 106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Proposed Project: Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi 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 DATE
-- ' Nothing Compares
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1 252-264.3723 [fax)

3
a
5:W�1151 d0G
t
'a PAT MCCRORY
Coverna`
DONALD R. VAN DER VAART"
Environmental SecfC`NY
Quality RECEIVED/NCDENR/DWR
October 14, 2015 OCT 16 2015
MEMORANDUM Water Quality Regional
Operations Section
TO: Samir Dumpor, Environmental. Engineer II Washington Regional Office
-DWR - Water Quality -Coastal Stormwater Permits, WaRO
FROM Doug Huggett, Major Permits Coordinator
Drvtslori 9f Coastal Manageirient
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Joseph, &-Margaret Nicolay
Project Location: 106 SwanDrive (SR 1356), t&22, Belle'Isle Shores S/D, Currituck County
Proposed Project: Construct a bulkhead waterward of a remnant. bulkhead
Please indicate below your agency's,position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue Morehead' City. NC 28557 (fax: [phone]).
If you have any questions regarding theproposed project, please contact Ron Renaldi at, (252) 264-
3901. When appropriate, in-depth comments with:supporting data are requested.
REPLY: r/ 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.
SIGNS
WA
DATE
1 /l
5Ar--
Zo1 1VT
•C TOYrv•W o-K.v t'{/�•YGYv. S•
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�{.�S`ori �S
'CV•t.-_�D�
t<-bM
nothing Compares�
State of North. Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth. City, NC 27909
252-264-39011 252-264.3723[fax]

North Carolina Department of Environmental Quality
Pat McCrory _ - Don Van der Vaart
Governor Secretary -
November 20, 2015
Joseph Nicolay/Margaret Nicolay
505 Peaceful Road
Chesapeake, VA 23322-2250
Subject: EXEMPTION from Stormwater Management Permit Regulations
CAMA Major- Dredge & Fill / Bulkhead / Pier
Bulkhead Extension in Bell Island at 106 Swan Drive, Currituck County
Stormwater Project No. SW7151006
Dear Applicants:
The Washington Regional Office received. a copy of your CAMA Major applicationfor the bulkhead
extension project at the property located at 106 ,Swan Drive, Bell Island, Currituck County, .NC on
October 20, 2015. Staff review of the plans and specifications has determined that the project, as
proposed, consists of activities that will not pose surface water quality threats from stormwater runoff
since no new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing
water quality threats from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000. For'this reason, we are informing you by way of this
letter that your project will not require a State Stormwater management permit at this time.
The stormwater rules require the Division to permit the common plan of development, therefore,
any future development on the property, regardless of whether a SEC plan or CAMA Major
permit is also required, will require a Stormwater Management. Permit application and permit
issuance from the Division of Energy,,Mineral, and Land Resources prior to any construction. Any
construction on the subject site, prior to receipt of the required permit, will constitute a violation of
15A NCAC 2H.1000 and may.result in appropriate enforcement actions by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits
which may be required by the Division of Water Resources, the Division of Land Resources, Coastal
AreaManagement Act or any other Federal, State or Local Government.
Please reference the Stormwater Project Number above on all correspondence. If you have any questions
or need additional information concerning this matter, please contact me at [phone].
Sincerely,
GLtw
am Edgerton
Environmental Engineer
cc: Courtney Spears, DCM
Washington Regional Office
Division of Energy, Mineral, and Land Resources . Land Quality Section
Washington Regional Office
943 Washington Square Mall, Washington, Noah Carolina 27889 • Phone: [phone] FAX: [phone]
InterneChtto,lloodat.ncdenr.orglwebllr/ and -duality
An comp wi nnnndiinn.n erfirmofnro Arenn Fmnlnver — 60°/,Rewrled \ 100% Post Consumer Paoer

2
North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 14. 2015
MEMORANDUM:
To: Doug Huggett
Major Permits Coordinator
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
From: Clif Whitfield, Environmental Engineer, PWSS/WaRO
Donald R. van der Vaart
Secretary
Subject: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW
Applicant: Joseph & Margaret Nicolay
Project Location: 106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck
County
Proposed Project: Construct a bulkhead waterward of a remnant bulkhead
REPLY: This office has no objection to the project as proposed.
X This office has no comment on the proposed project.
This office approves of the project only if the recommended changes
are incorporated.
This office objects to the project for reasons described in the
attached comments.
SIGNED (e �/r i� DATE 10/21/2015
RECENF-D
OCT 3 0 2017
DCM- MHD COY
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.ncwater.org/pws
An Equal Opportunity 1 Arfirrnabve Acbon Employer — Made in part by recycled paper

Environmental
Quality
October 14, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Tim Walton, Manager
State Property Office
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
RECEIVED
OCT 1$ 2015
DOA
STATE PROPERTY
OFFICE
CAMA/DREDGE & FILL Permit Application Review
Joseph & Margaret Nicolay
106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: s office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
1� incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNEDCyS���� ATE RECEIVED
•
­5��--Nothil"mpares -r NOV 16 2015
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909 D C M - M H D CITY
252-264-3901 1252-264-3723 [fax]

October 14, 2015
MENIORANDUM
TO:
OG? 2 0 Z015
EISTCtiiG
Renee Gledhill -Early
NC Department of Cultural Resources
FRO VI: Doug lduggea, Major Permits Coordinator
Division of Coastal Management
SUBJECT:
Applicant:
Project Location:
'CAMA/DREDGL, &. FILL Permit Application Review
Joseph S Margaret Nicolay
H:
PAT MCCRORY
VAN DER VAART
t5r
�1 /" /c1=
106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Proposed Project; Construct a bulkhead %yiierward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce. Avenue, Morehead City, NC 28i57 (fax: [phone]).
Ifyou have any questions regarding the proposed project, please. contact Ron Renaldi at (252) 264-
3901. When appropriate; in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED L-&&:>`i11.�,,`Za_� DALE_
l0.3o • IS
_-"s�iolhinti Cnm;?ares —.,.
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-390112521264-3723tfaxl OCT 2 1 M5
- - - ---->---"�---.„gym

Environmental
Quality
October 14, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
u OCT < , 2015 II
Shellfish Sanitatic^ E .;e..aati
w=._onaly.Ca�- Or1
PAT MCCRORY
C.wemo.
DONALD R. VAN DER VAART
Secretary
Patti Fowler, Section Chief
Marine Fisheries - Shellfish Sanitation & Recreational Water Quality
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
Joseph & Margaret Nicolay
106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
V/ This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
Q�) �.-.-`7Uf.`—� p ��'
SIGNED /�W-Cr_ V'e0L&P- DATE /O�t//5
'Nothing Compares -,
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1252-264-3723 [fax]

PAT MCCRORY
Coronor
DONALD R. VAN DER VAART
sacreraey
Environmental
Quality
October 14, 2015 n �p
MEMORANDUM W E C E 0 V E D
TO: Ken Pace, Ph; Environmental Operations & Rest Area NOV U 4 2015
Department of Transportation DISTRICT OFFICE
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & HILL Permit Application Review
Applicant: Joseph & Margaret Nicolay
Project Location: 106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Proposed Project; Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue Morehead Cit• NC 28557 (fax: 252-247^33301.
If you have any questions regarding the proposed project, please contact Ron Renaidi at (252) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: ✓ This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED Az 6 DATE It, 1 A-5
Nothing Comparea�
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City. NC 27909
252.254-3901 1262-264-3723 [fax]
ZO/ZO 39Vd 1000N 66LVIEEZSZ 9Z:60 SZOZ/90/11

Environmental
Quality
October 14, 2015
MEMORANDUM
TO:
IW11113$
SUBJECT:
Applicant:
Project Location:
Proposed Project:
G.1J'r0.19.01
REG`EJV(rMMD R.
OCT %6 M5
DCM" MAD C% f
Maria Tripp Dunn
NC Wildlife Resources Commission
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
Joseph & Margaret Nicolay
PAT MCCRORY
Governor
VAN DER VAART
seaerary
106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED 1 • t > DATE 10 — V1-2piz7
--'-*"Nothing Compares —
State of North Carolina I Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1 252-264-3723 [fax]

OCT-29-2015 15:36 From:DCM-DMF ECITY
•urcu!cura 4:40 rK FAA 2522323470
Environmental
Quality
October 14, 2015
IMORANDUM
2522643723 To:912522473330 P.1/1
CURRITUCK PERRMITTING 20001
f,&OG �Z 6
PAT MCCRORY
Gm nw
DONALD R. VAN DeR VAART
&creblr
TO: Debbie J. LaShomb
Permit Officer III/CAMA LPO
Currituck County
FROM: Doug Huggett, Major Permits Coordinator
Division of Cnastal Management
SUBJECT: CAMA/DREDGE & F1LL Permit Application Rcview
Applicant: Joseph & Margaret Nicolay
Project Location: 106 Swan Drive (SR 1356), Lot 2Z, Belle Isle Shores S/D, Currituck County
Proposed Project: Construct a bulkhead watcrward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and rctuM this
form by 11/04/ 5 to 400 .omme��. A.,e..ue MoreheadxC 2RS57 (fax! 252-247-3330).
If you have any questions regarding the proposed project, please contact Ron R.cnaldi at (2") 264-
3901, when appropriate, in depth comments with supporting data are requested.
REPLY: _ This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the projeot for rcaaoos described in the attached
comments.
SIGNED �N J 1, DATE 10 I2*t izaix
/'Nothing Compares,.
-94to orNwm CaWne I cnv0onmente1 auaury
1597 US M" 17 SoWh I eVz0bWh Cltr. NC 27909
252-2611-Mi t Z32.2s4.3723 (tarp

Environmental
Quality
October 14, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
RECEIVED
OFT 19'1015
DOM-Fisheries
WARO
Shane Staples, Fisheries Resource Specialist
Division of Coastal Management, WaRO
Doug Huggett, Major Permits Coordinator
Division of Coastal Management .
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Seemtory
CAMA/DREDGE & FILL Permit Application Review
Joseph & Margaret Nicolay
106 Swan Drive (SR 1356), Lot 22, Belle Isle Shores S/D, Currituck County
Construct a bulkhead waterward of a remnant bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/04/15 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi at (152) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: _ This agency has no objection to the project as proposed.
XThis 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 z� DATE
-"Nothing Compares:..,.,,.
State of North Carolina ] Environmental Quality
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264.39011 252-264-3723 [fax]

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOT A CAMA PERMIT October 27, 2015
DWR # 15-1076
Currituck County
Joseph and Margaret Nicolay
505 Peaceful Road:' '
.Chesapeake, VA 2332Z-2250
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Joseph and Margaret Nicolay Bulkhead Replacement -106 Swan Drive, Currituck
Dear Mr. and Mrs. Nicolay:
You have our approval for the impacts listed below for the purpose described in your application dated
October 14, 2015 and received by the Division of Water Resources (Division) on October 15, 2015. These
impacts are covered by the attached Water Quality General Certification Number 39DO and the conditions
listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s)
1§8000291 issued bythe US Army Corps'of Engineers (USACE)'. This Certification allows you to usethe CAMA
Major Permit when the Division of Coastal Management Issues it. 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 certification(s) or general permit
and the. following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other Impacts are approved, including
incidental impacts. [35A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
Amount
Plan location/
(uriits)
Reduced (units)
Reference' Attached
Permanent
Temporary
Open Water
OW-1(Bulkhead)
0.02 (acres)
0 (acres)...
CAMA Permit Figure
2. This approval is for the purpose. and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
olviston of Water Resources- Water Quality Regional operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NO 27889
Phone: 252-946b4811 Fax [phone]Internet: www.nodenr.gov
An Equal OppenuolyI ABbmadve Adlon Employer -Made In part by recycled paper

Joseph and Margaret Nicolay
DWR # 15-1076
401 APPROVAL
Page 2 of 4
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
A Y,1 f, w per, 1`
The proposed project must comply with all the conditions of the General WaterQuality
Certiflcation(s) 3900. [15A NCAC 02B .0507(c)]
4. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class
SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and.8.5 except that swamp waters mayhave a pH as low as 4.31f it is the result
of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not the
25
NTU; if turbidity exceeds this level due to natural background conditions, the'existing
turbidity level shall not be increased. [15A NCAC 02B .02201
5. Re Opener Clause
Joseph and Margaret Nicolay and their authorized agents shall. conduct their activities in'a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State'law and'federal law. Joseph and Margaret'Nicolay shall require their
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of their contractors (and/or agents) a copy of.this Certification. A copy of this
Certification shall be included in the construction contract and available on the job'site at all
times. If DWR determines that such standards or laws are not being.met (including the failure
to sustain a designated or achieved use) or that State or federal law is beingviolated, or that
further conditions are necessary to assurecompliance, DWR may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWR shall notify the Joseph and Margaret Nicolay and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised condition's shall
be provided to DWR in writing, shall be .provided .to the. United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act,
and shall also become conditions of the 404 Permit for the project.
6. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return the
attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water
Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)]
7. The applicant and/or authorized' agent shall provide a completed Certificate of Completion
form to the Division within thirty '(30) days of project completion (available at
http://aortal ncd6nr or /web/wa/sw6lws/401/certsandpermits/apply/forms). [15A NCAC
021-1.0506(b)(5)]

Joseph and Margaret Nicolay
DWR # 15-1076
401 APPROVAL
Page 3 of 4
B. This approval and its conditions are final and binding unless contested. [G.S.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 maybe obtained from the OAH at htto://Www.ncdah.c6m/ 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 Oiled 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 S:OOpm, 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:
1f sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6.714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, 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. Please contact
Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauahancdenr.aov if you have any questions or
concerns.
Sincerely, ,
Robert Tankard, Assist nt Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3900
Certification of Completion

Joseph and Margaret Nicolay
DWR # 15-1076
401 APPROVAL
Page 4 of 4
cc: Doug Huggett, DCM Morehead City
Ron Renalcil, DCM Elizabeth City
Joseph Pelletier, USACE Washington Regulatory Field Office (via email)
Laserfiche
File

13
December 3, 2015
Regulatory Division
Action ID No. SAW-2015-02516
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. Joseph Nicolay construct a 100 linear foot bulkhead an
average of 8 feet waterward of the normal water level, at 106 Swan Drive, Belle Island Shores,
Currituck, in Currituck 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

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RECEIVED
OCT 1 2 2015
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