38-96 TX Morrison & Frost

Permit Class
TRANSFER
RECEIVED
APR 2 &2004
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermtt
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 Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949
Permit Number
38-96
Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR
, as requested in the permittee's application dated 9/14/95. att. wrkplan dwgs.
sheets (8) dated 8/11/95, letter dated 6/4/97 & dwgs (2) dated 6/4/97, letter dated 6/25/98 & drawing dated 6/25/98, letters dated
12/8/99 & 12/11/01.
This permit, issued on April 1 ,,2004 , 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
De suDlect to lines, Imprisonment or civu acuon; or may cause me permit to De nuts ana voia.
Excavation
1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed
at the downstream end of the canal and maintained through the project so as to prevent
significant turbidity from reaching the Albemarle Sound.
b) Excavation for the channel "in the Sound may not take place between February 15 and
September 30 without prior approval of the Division of Coastal Management, in consultation
with the Division of Marine Fisheries.
2) Excavation will not exceed -6 feet below the elevation of mean low water (MLW).
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Prngram.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
ChdfIffs S. Jones, Director
sion of Coastal Management
This
Ppermit and its conditions areh
erebyaccepted.
L404%.-
Sienature of Permittee

Lilias J. Morrison and Jennifer Frost Permit #38-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
4) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters.
5)
6)
7)
8)
9)
10)
All excavated materials will be confined to high ground behind adequate dikes or other retaining
structures to prevent spillover of solids into any wetland or surrounding waters.
The terminal end of the pipeline will be positioned at the south end of the disposal area.
The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level
in the south end of the proposed basin.
A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30
'working days.
All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30. working
days.
11) 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 25 NTUs or less in all saltwater classes, are not considered significant.
NOTE: The Division of Environmental Management (known as the Division of Water Quality)
authorized this project on January 30, 1996 under General Water Quality Certification 3625.
Maintenance Clause
12) The Division of Coastal Management, Washington District Office, shall be notified in writing at least
two (2) weeks in advance of any maintenance 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 spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site must 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 permit tee's signature shown anew on the original plan.

If,
Lilias J. Morrison and Jennifer Frost Permit #38-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) No agricultural drainage ditches or agricultural surface drainage will tie into or flow into the excavated
basin.
14) No excavated or fill material will be placed in any location or in any manner so as to impair surface
water flow into or out of any wetland area.
NOTE: The project should be undertaken with caution. If, during construction, submerged
archaeological materials are encountered, the permittee will immediately cease work and contact
the Division of Environmental Management; and the Corps of Engineers which will notify the
Division of Archives and History.
Operation
15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain
operable for the life of the project a pumpout facility to service bats with holding tanks.
16) The manna shall prominently post and enforce a locked -head policy for boats without holding tanks.
17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking
facility.
18) This permit authorizes only the docks, piers, 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, may becomea permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
19) 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.

MEMORANDUM
TO: Doug Huggett
THROUGH: Terry Moore qM
FROM: Kelly Spivey V�3
DATE: 4 December 2006
SUBJECT: Renewal of CAMA Permit No. 38-96
Lilias J. Morrison and Jennifer J. Frost
Tyrrell County
Albemarle Sound
DEC - 6 2006
,.',Morehead City DCM
7Z/Y/0 bl
Permit number 38-96 was issued to the Mr. Warren Woodard on 15 March 1996 for the
excavation of a canal, excavation of a basin, construction of boat ramp and construction of
associated docks off SR 1219 on the Albemarle Sound near Columbia in Tyrrell County, North
Carolina. All the permitted activity has been conducted. However, a maintenance excavation
clause was added to the permit on 18 December 2001. The permit was transferred to Lilias J.
Morrison and Jennifer Frost on 12 April 2004.
Mr. Robert L. James, Jr. has requested that CAMA Major Permit 38-96 be renewed in
order to continue with future maintenance activities. I have enclosed a copy of check no. 5125 in
the amount of $100.00 signed by Lilias J. Morrison to cover the renewal. I recommend that the
permit be renewed. All conditions and modifications as listed on the 12 April 2004 CAMA
Major Permit should be included in the renewal. In addition, I would recommend a condition that
any redevelopment of the subject property would require review by the N.C. Division of Coastal
Management prior to initiation of any development activities.
ATTACHMENTS
cc: Raleigh Bland, USACOE

qscuppernong
November 21, 2006
Mr. Kelly Spivey
NC Dept. of Environmental & Natural Resources
& Coastal Resources Commission
943 Washington Square Mall
Washington, NC 27889
RE: Permit #38-96
Dear Mr. Spivey:
In February of 2004 Lilias Morrison111�_ wrote a letter to Mr. Tony Mo6r6 `requesting a name
N,
chan'e on, the above referenced permit which.. was,issued-to,Warren Woodard as>the-,,,
propertyr
9
.had been purchased byLilias J. Morrison and Jennifer J. Frost.,_As of.this date
I do not find where a new -permit has been -received in the newFnames.
At the same time I am requesting a continuance of the permit as the permit expires
December 31, 2006. Since acquisition there has been several times that spoil has been
removed from the basin and access canal. Currently we are looking at developing the
entire 261 acre site. This development would include a major redesign of the entire
marina and access canal.
Thank you in advance for granting the extension of permit #38-96. If you have any
questions give me a call.
252-261-3474 - Fax [phone] - PO Box 8309, 1185 Duck Rd., Duck, NC 24949

(i
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary
10 May 2004
Ms. Lilias J. Morrison, Owner
��� EWO
Scuppernong Group, LLC
Post Office Box 8309
MAY 11 200�
Duck, North Carolina 24949
Dear Ms. Morrison,
.AGOM�11.N6NIMIAG
On April 29, 2004, I received a copy of a letter sent to you from Mr. Preston P. Pate, Jr., Director, NC Division
of Marine Fisheries in response to a request you had made to conduct dredging
operations on the access channel at
lt#mWoWNWarina, CAMA MajogPermit3*96, off SR 1219 near Columbia, Tyrrell County, North Carolina.
met:
Mr. Pate indicated that the maintenance excavation would be approved provided the following conditions are
1. Excavation will be done with a barge -mounted excavator.
2. All spoil material will be placed on a barge and transported to the disposal site approved by the permit.
3. All dredging will be done within the area of the approved channel marked on the attached plat.
After discussion with Mr. Terry Moore, District Manager, Division of Coastal Management, I hereby notify
you that maintenance excavation activities at Woodard's Marina are approved as long as the aforementioned conditions
are met. Additionally, this office requires notification of the dates that maintenance excavation activities will occur.
Please note that this letter does not modify CAMA Major Permit 38-96 to allow maintenance excavation to occur within
the moratorium dates of February 15 to September 30 outlined in condition 1) b). Future maintenance excavation
activities must be conducted in accordance with the conditions in CAMA Major Permit 38-96, which expires on
December 31, 2006. As Mr. Pate noted, closely monitor the condition of the access channel and plan all maintenance
excavation activities during the period approved by the permit.
If I can provide you with any assistance or if you have any questions concerning this matter, please call me at
252-946-6481 ext280.
Si
ncerely
R. Kelly Spivey
Coastal Management Representative
attachments
c: Terry E. Moore — District Manager, Washington Office, DCM
Charles S. Jones — Director, DCM
Doug Huggett - Major Permits Coordinator, DCM
Preston P. Pate, Jr. — Director, DIM
Sara Winslow — Northern District Manager, DIM
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet www.nomastalmanagementnet/
tCarolina
rally
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MAY-U6-2004 THU 12,U2 PM COASTAL MANAGHMPNI MX NU. ILb' J4bU4(8 F. Ud
NCDENR
North Carolina p ptartn)ent of Environment and Natural Resources
Miel,arel 1=. Fa�';1r•y, t;;oven'lor
l,3IVI,,iol7 of Marine Fisheries Preston P. Pale Jr,, Director
W111i„an1 (,i. fie:iS ,li., ;iFuGtetfil'y '
April 29, 2()0.4
Ms, '1 illas 3. molrtsou, Ownrx
5k;uppc T.klCw +, ('srollp, 1 •l .0
lzcie;l' Of lir•.c:1lox ?,'309
F)ttck,W 2AD,V)
1;7crrr A9s. Alirca'isnu:
1 huve• ri.vi+wwed t,hc iflforrnitiori you recc,t.ly sent to nit% as a request for approval to dredge ilia entrance channel to your
,t,nrina, dtnid10 61ulgirlg atrorttoriura lit ell by.C:AMA Permit No. 38-96. I received by fax from Mr. Philip
ill
plat ,ill(Mizj" tl:e ,.rl'ezk to b dred ;,d (copy attached). Mr. Carrawan also explained in an oarlier phone
(`anew, n rl
conYcd'6:d,ioealit: tbeat, utiim; IIye cltanru'1 c is ttcuuaging equipincnt trying to get through the shallowest areas.
r the
roduction of various
'l,l,e. sltallotiv vtalrr wv-, is of Al.bintarle Sot ticclhcllris4t�trTlric not'uloriuArina are m eqt trcdlby your 1peromit was reconnncndod by the
c:mnonrically iu:t�ortantspeC,ias of fish 2td S
I')iVisian of Marna J;Ishorios to availl or rr.inirnire the impact that dredging could have on these species.
1Vc rnu4ncly rctceivc I'aill,r,t, to aV e to H;r.Jging Within the moratorlumperiod. To make. our decision, we consider
fart.c'm,c suet}t ;:S I,yITO pf cclUlpn'rant to lit; ui cd, spoil disposal method, spoil quality and quantity, au I nc cds of those using
th4 c12 urt+eL ] Lave eonclur,] d Nora MY 10% ;w that your proposal is acccp[ablc.
c?f tftis letter :I ant notifyir+p, du. f)ivision of Ooastal Management of my decision. I am asking tllat they approve
13y copy
tl..td or'it is dn; {uorntorium provldc.,l, dint 11lo follo,ving condilions are rt1eC
L T.,scav;rtiort ruill ha do}PC; wNi a b,,u!i c m0li'ltad excavator.
All slat+il trtnlcrial tt ill be pl cad nn a 'r:a{ge and l,ansported to the disposal site approved by the permit.
2. 3, All dreilgiut, will ba Clone within the )�rca of the approved channel marked oil the attached plat.
It is iu,pollaw tLat this Work tic! cornplct,=,-t :zs soolt as possible. Fisc of the adjacent waters by fish and shellfish will
iccroase as tlra Walla wt(r11ls toakilig risks of harm froth the dredging more likely.
11)avc learned froth Illy stuff that there lr3YC been airnilar requests for this project in tite past that have bcPdt denied. Since
yottr ('lLonmrl will rocluira frequent 11wiIll rt:,lice, it is in)portant that yen closely monitor its condition and plan all drudging
florin„ the period approved by You( pcuoil.. Please give me a call if you have any questions concerning my decision'
I'4'e:;lort P. P:�te., Jr., fYre�•.tc}.�
Nt: f)irigiou of 1�htrine hisl'„�rios
Kelly Spivey (ISiviston of Costal Management)
Sn ra Winslow (Division of Ma Ili I, Fisheries)One
3441 �,rcmdcr;l $tr(,tI, P,(.), Box 769, Morehead City, North Carolina 2855'1 NortllCarolintl
Phone: [phone] PAX: 252 726 025411nternot: www•ncdmf,net Nrz m-ally
P,...mnnr Pnn,,r

NHY-Ub-eUU4 IHU 1e:U1 M UUH61HL PIHNHULNENI hHX NU. lebeygdN1ti
Nurth Carolina Departinent of Environment and
o<toAS711 , Naturalllesources
y' NCINvision of Crustal Management
4.�
943 Washington Square ,Mall
Washington, NC 27889
252-946-6481 Telephone.
252-9.48-0478 Fax —
pl,,A. TRANSMISSION
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:i<rdyC9nrcloi'a,Scorctuty 1`sNtcnsion276

NORTH CAROLINA DEPARTMENT OF '
ENVIRONMENTAND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
FAX TRANSMISSION
Date t&loq
To 1p of WliQns .
Office 47MF
Fax#
From VriS�-,Lt CorS�
#Pages
Comments.
9
(including cover sheet)
POnr -bCM i�l�ffi5a �%e< <ill ilb�
�3 emox 1 C�crrr..�orc '4n Dr K 8.Atn� ` 1ta-La4
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Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-I638
Physical Address: 2728 Capital Blvd Raleigh ,NC 27604 Phone[phone])Fax733-I495
E-Mail Address : DCMFrontdeslr@nCMaiL net Web Address. dcm2. enr state. nc.us

PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
April 12, 2004
Lilias J. Morrison and Jennifer Frost
PO Box 8309
Duck, NC 27949
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121; 1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC: 27611-6714, [phone] within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must. be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
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 require 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,
41u&ggett V
Major Permits and Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
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A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles Jones, Director William G. Ross, Jr., Secretary
14 April 2004
Ms. Lihas J. Morrison, Owner
Scuppemong Group, LLC
Post Office Box 8309
Duck, North Carolina 24949
Dear Ms. Morrison,
v
APR I 2004
This letter is in response to your 7 April 2004 letter requesting extension of the dredging
dates so that maintenance dredging can be conducted on the access channel at Woodards Marina
off SR 1219 near Columbia, Tyrrell County, North Carolina. The request indicated that you
would like to start the aforementioned activi ' pril 2004, which is within the
moratorium dates stated on CAMA Major 1t 38-9 der permit condition 1) b). Your
request was forwarded to Ms. Sara Winslow, Northern District Manager, N.C. Division of
Marine Fisheries, for review and comment. Subsequent to Ms. Winslow's comments (attached)
the project was discussed with Mr. Terry Moore, District Manager for N.C. Division of Coastal
Management and Mr. Charles S. Jones, Director, N.C. Division of Coastal Management.
Following Ms. Winslow's comments concerning moratorium time periods and juvenile
fish sampling near the project area and discussion with N.C. Division of Coastal Management
staff, I conclude that permit condition 1) b) in the original CAMA Major Permit 38-96(attached)
must be adhered to and remain in place. Therefore, maintenance dredging of the access channel
at Woodards Marina can only be conducted outside of the moratorium dates of February 15 to
September 30.
If I can provide you with any assistance or if you have any questions concerning this
matter, please call me at 252-946-6481 ext 280.
Sincerely,
R. Kelly Spivey
Coastal Management Representative
attachments
cc: Terry E. Moore — District Manager, Washington Office, DCM
Charles S. Jones — Director, DCM
Doug Huggett - Major Permits Coordinator, DCM
Sara Winslow — Division of Marine Fisheries
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone] Internet v .nceoastalmanagementnet/
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Permit Class
TRANSFER .
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
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
Permit Number
38-96
Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949
Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR
as requested in the permittee's application. dated 9114/95. att. wrkolan dwg_
sheets (8) dated 8/11/95, letter dated 6/4/97 & dwgs (2) dated 6/4/97, letter dated 6/25/98 & drawing dated 6125/98, letters dated
12/8/99 & 12/11/01.
This permit, issued on April 1 , 2nn4 , 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.
Excavation
1) a) Prior to excavation in the existing canal or the proposed basin, a silt curtain will be installed
at the downstream end of the canal and maintained through the project so as to prevent
significant turbidity from reaching the Albemarle Sound.
b) Excavation for the channel'in the Sound may not take place between February 15 and
September 30 without prior approval of the Division of Coastal Management, in consultation
with the Division of Marine Fisheries.
2) Excavation will not exceed -6 feet below the elevation of mean low water (ULW).
(See attached sheets for Additional Conditions)
. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be..
This permit must be accessible on -site to Department /
personnel when the project is inspected for compliance. !/
Ch s S. Jones, Director
requires
maintenance D work project modification not covered .i Division of Coastal Management
hereunder reques further Division approval.
All work must cease when the permit expires on, This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal 9

Woodards Marina Dredging Request
Subject: Woodards Marina Dredging Request
From: Sara Winslow <[e-mail]
Date: Mon, 12 Apr 2004 10:30:42 -0500
To: [e-mail]
Kelly
I have reviewed the request from Lilias Morrison to dredge the channel from Woodards
Marina into Albemarle Sound during the moratorium time period. Based on juvenile
sampling by NCDMF for many years, near the project area, this is an important nursery
area for spot, croaker, weakfish, striped bass, alosids, white perch and other
commercially and recreationally important species. Such requests to work inside the
moratorium have been made in the past for this project. Due to the importance of the
area this agency requests that the moratorium time period remain in place as specified in
the permit.
If you have any questions let me know.
Thanks,
Sara
Sara E. Winslow
Northern District Manager
NC Division of Marine Fisheries
Elizabeth City, NC 27909
Phone: [phone]
1 of 1 4/12/04 11:40 AM