2-22

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
2-22
Issued to Beniamin and Judy McPherson, PO Box 2447, Elizabeth City, NC 27909
Authorizing development in Pasquotank County at adi.to Newbegun Creek, at 1005 Small Dr.,
near Elizabeth City , as requested in the permittee's application dtd 12/12/20 (NIP-
1,2) and 8/23/21 (MP-4), incl all workplan drawing (1), Sheet 1 of 1 dtd "Received MP Section MFID 11/1/21".
This permit, issued on January 24, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
31 tnese terms may be subject to Imes, imprisonment or civil action; or may cause the permit to be null anu void.
Upland Basin
1) Should excavation take place within the period of peak biological activity (February 15 to September
30) of any year, to prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall
be left between the area to be excavated and the existing canal for a 24-hour period after completion
of excavation or until the project areas has returned to ambient conditions, whichever is greater.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

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

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

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

Benjamin and Judy McPherson Permit No. 2-22
Page 5 of 5
ADDITIONAL CONDITIONS
38) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02002).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2021-1345.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $250 was received by DCM for this project.