12-14 Whichard, Warren

Permit Class
NEW
Permit Number
12-14
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Jkrmit °PY
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 Warren Whichard, 511 Bay Lake Drive, Chocowinity, NC 27817
Authorizing development in Beaufort ICounty at Chocowinity Bay/Taylor Creek, Bay Lake
Chocowinity, as requestedmquested in the permittee's application dated revised 11/27/13 including the attached
workplan drawings (4), 1-2 of 3 dated revised 12/9/13, 3 of 3 dated 12/9/13 and 1 dated 5/27/09
This permit, issued on Fehrunry 3. 7014 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the
stabilization of the bank with hog slats, all as expressly and specifically set forth in the attached
permit application and workplan drawings. Any additional land disturbing activities and/or
construction may require a modification of this permit. Contact a Division ofREC���Management
representative at [phone] for this determination.
FL � 14 2014
(See attached sheets for Additional Conditions) DCM-M10CITY
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, 2017
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 DENR and the
Chairman of the Coastal Resources Commission.
Braxton . Davis, Director
;Op� Division of Coastal Management
This permit and its gonditions are hereby accepted.
Signature of Permittee

Warren Whichard
Permit #12-14
Page 2 of 4
ADDITIONAL CONDITIONS
(bamon
Excavation
2) No ex shall take place outside the areas indicated on the attached workplan drawings.
3) Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
4) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
5) All spoil material shall be placed in the location shown on the attached workplan drawing dated revised
12/9/13.
6) The spoil material placed below Normal Water Level to create Coastal Wetlands shall be placed such
that the final elevation will be the same as the adjacent Coastal wetlands.
7) The bulkheads constructed to retain spoil in open water fill areas shall be no higher in elevation than the
adjacent marsh substrate and shall be installed prior to any spoil disposal.
8) All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
9) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
10) No spoil material shall be placed within 30 feet of the normal water line, except that which will be used
to backfill the bulkhead.
Maintenance Clause
11) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkhead
12) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
13) The bulkhead shall be constructed prior to any backfilling activities.

Warren Whichard
Permit #12-14
Page 3 of 4
ADDITIONAL CONDITIONS
14) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) 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.
17) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion 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.
NOTE: An Erosion and Sedimentation Control Plan will/may be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Department of Environment and Natural Resources, Land Quality
Section, 943 Washington Square Mall, Washington, NC 27889.
General
20) In accordance with commitments made by permittee, the navigable opening from Bay Lake to Taylor
Creek shall be closed prior to removal of the plug and bulkhead at the south end of the Lake.
21) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
22) No wetlands or open water areas shall be excavated or filled, even temporarily, outside of the area
indicated on the attached workplan drawings.
23) 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.
24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation. RECEIVED
FFB 14 2014
DCM-A41TD CITY

Warren Whichard Permit #12-14
Page 4 of 4
ADDITIONAL CONDITIONS
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: 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.
NOTE: The permittee is advised that many development or land disturbing activities are not allowed
within the Environmental Management Commission's Tar/Pamlico River basin. Contact a
representative of the Division of Water Resources at [phone] for more information
concerning allowable uses within the Tar/Pamlico River Buffer.
The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 09-0757 V2.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00046 which was issued on 2/3/14.
f`

Class
Permit Number
12-14
STATE OF NORTH CAROLIINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
iF. v
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
d to Warren Whichard,
511 Bay Lake Drive,
Chocowinity,
NC 27817
orizing development in
Beaufort
County at
Chocowinity Bay/Taylor Creek, Bay Lake
petmittee's application dated revised 11/27/13, including the attached
mit, issued on February 3- 2014 , is subject to compliance with the application (where consistent
permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
at to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the
stabilization of the bank with hog slats, all as expressly and specifically set forth in the attached
permit application and workplan drawings. Any additional land disturbing activities and/or
construction may require a modification of this permit. Contact a Division of Coastal Management
representative at [phone] for this determination.
(See attached sheets for Additional Conditions)
permit action may be appealed by the permittee or
ialified persons within twenty (20) days of the issuing
,n appeal requires resolution prior to work initiation or
ance as the case maybe.
,nnit must be accessible on -site to Department
when the project is inspected for compliance.
y. maintenance work or project modification not covered
rider requires further Division approval.
must cease when the permit expires on
December 31, 2017
ing this permit, the State of North Carolina agrees
project is consistent with the North Carolina Coastal
Lent Program.
Signed by the authority of the Secretary of DENR 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 of Petmittee

Whichard
Permit#12-14
Page 2 of 4
ADDITIONAL CONDITIONS
Excavation
No excavation shall take place outside the areas indicated on the attached workplan drawings.
Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
All spoil material shall be placed in the location shown on the attached workplan drawing dated revised
12/9/13.
The spoil material placed below Normal Water Level to create Coastal Wetlands shall be placed such
that the final elevation will be the same as the adjacent Coastal wetlands.
The bulkheads constructed to retain spoil in open water fill areas shall be no higher in elevation than the
adjacent marsh substrate and shall be installed prior to any spoil disposal.
All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
No spoil material shall be placed within 30 feet of the normal water line, except that which will be used
to backfill the bulkhead.
Maintenance Clause
The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkhead
The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
The bulkhead shall be constructed prior to any backfilling activities.

Warren Whichard Permit #12-14
)Page 3 of 4
ADDITIONAL. CONDITIIONS
` The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
The bulkhead shall be structurally right so as to prevent seepage of backfill materials through the
structure.
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.
All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9)1 ,_ A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion 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.
rE: An Erosion and Sedimentation Control Plan will/may be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Department of Environment and Natural Resources, Land Quality
Section, 943 Washington Square Mall, Washington, NC 27889.
General
In accordance with commitments made by permittee, the navigable opening from Bay Lake to Taylor
Creek shall be closed prior to removal of the plug and bulkhead at the south end of the Lake.
If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
No wetlands or open water areas shall be excavated or filled, even temporarily, outside of the area
'indicated on the attached workplan drawings.
This permit shall.not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
'' project initiation.

NOTE:
`s
>NO'1'E:
Permit #12-14
Page 4 of 4
ADDITIONAL CONDITIONS
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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 advised that many development or land disturbing activities are not allowed
within the Environmental Management Commission's Tar/Pamlico River basin. Contact a
representative of the Division of Water Resources at [phone] for more information
concerning allowable uses within the Tar/Pamlico River Buffer.
The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 09-0757 V2.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No
SAW-2014-00046 which was issued on 2/3/14.

MEMO .
NARRATIVE JAN 0 2 2014
MODIFICATION FOR CAMA MAJOR PERMIT APPLICATION DATED JUNE 7, 2009
MR. WARREN WHICHARD, BAY LAKES ESTATES, CHOCOWINTFY, NC CITY
PREPARED BY: HOOD RICHARDSON, PE
This is a request to change the original permit application to use the existing man made canal located on
the westemly side of the project area to create a navigable access from the system of man made canals and
lakes within as the Bay Lakes Estates Subdivision to provide access to Chocowinity Bay.
This modification disturbs less land and uses more open water than the original permit application. This
is accomplished by abandoning the originally proposed channel which was to be constructed to across
converted 404 wet lands and high ground. The modification proposes to widen and deepen an existing
man made channel. This is not a request to deeper water than the originally requested four feet deep water.
Specifically requested work includes:
1. Improving the existing three feet deep man made canal from and average depth of about 3 feet,
and a average width of approximately 30 feet, to an average of width of 65 feet. Only the
eastemly shore requires stabilization on a 3 to 1 slope using concrete hog slats.
2. Deepening the existing man made canals to provide 4 feet of water.
3. Remove the plug connecting the large pond with the man made canal near Taylor's Creek so
boat traffic can move from the Bay Lakes Estates Subdivision canals through the large pond,
into the canal and then into Chocowinity Bay.
4. Maintenance dredging of the existing open water canal to a water depth of 4 feet at
Chocowinity Bay.
5. Fill the existing dead end canal and the isolated small pond with dredge and I excavated soils
from canal widening.
6. Bulkheading of the dead end canal and the small pond for containment of fill.
7. Install shoreline stabilizing vinyl bulkhead in Bay Lakes Estates Subdivision
8. Mitigate existing 380 by 28 foot (average) dead end man made canal by filling to adjacent
existing wetland elevation to support CAMA wetland species.
Wetland Impacts:
Canal construction prior to the Clean Water Act degraded these wetlands by casting fill into wetlands.
The disturbed areas have been degraded and probably have not functioned as wetlands since before the
enactment of the Clean Water Act. The entire area to be disturbed is mowed grass and is best described as
lawn. Proposed wetland restoration is consistent with the original application. This project modification
produces a reduction of 2,323 cubic yards of excavation and disturbs 30,035 square feet less of wetlands.
Chanties
Original Request
Modification
Reduction
Previously Impacted 404 Wetlands
8,714 cu yds
6, 525 cu yds
2,189 cu yds
Chocowinity Bay Bottom Excavation
139 cu yds
139 cu yds
None
Canal Bottom Excavation
1,709 cu yds
1,575 cu yds
34 cu yds
Mitigation Fill man made canal (sec. C-C')
1,182 cu vds
1,182 cu vds
None
Total
11,744 cu yds
9,421 cu yes
2,323 cu yds
Previously Degraded 404 Wetlands
58,825 sq ft
28,790 sq ft
30,035 sq ft
_(used for open water)
o,
44 rd,
7Z4.g

DCM MP-1
APPLICATION for
Major Development Permit
�(last revised 12/27/06)
T-O`'! � North Carolina DIVISION OF COASTAL MANAGEMENT
p�rzr�rr AVb46r-foy0�r s/?ja9
Primary Applicant/ Landowner Information
ess Name
Project Name (if applicable)
[Applicant2:
Bay Lakes
RECEIVED
cant 1: First Name
MI
Last Name
arren
Whichard
JAN 0 2 2014
First Name
MI
Last Name
!
DC.M. N!HD C1TY
If additional applicants, please attach an additionallpage(s) with names listed.
Mailing Address -
511 Bay Lake Drive
::�T��Choco�winity
�NC
ZIP
Country
Phone No.
FAX No.
27817
Beaufort
252 - 946 -
4727 ext.
N/A -
Street Address (if different from above)
City
State
ZIP
Same
Email
N/A
2. Agent/Contracifor Information
Business Name
Land Management Group Inc.
Agenfl Contractor 1: First Name
MI
Last Name
Laura
Stasavich
Agent/ Contractor 2: First Name
MI
Last Name
1
L.
Rickpl/Rj.Cw-ic PE
Mailing Address
PO Box
City
State
PO Box
2522
Wilmington
NC
ZIP
•
Phone No. 1
Phone No. 2
28402
910-452.0001
ext.
�sZ- �`3Y%Z ext.
FAX No.
Contractor #
910 452 0060
Street Address (if different from above)
City
--fNC
State
ZIP
3805 Wrightsville Ave., Suite 15
Wilmington
28403 -
Email
[e-mail]
-
!Form continues on back>

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
JAN 0 2 2014
County (can be multiple)
Street Address
State Rd. If
Beaufort
Bay Lake drive
Subdivision Name
City
state
Zip
Bay Lake
Chocowinity
NC
27817 -
Phone No.
Lot No. s () (if many, attach additional page with list)
NIA - ext.
NIA, I,
which NC river basin is the project located?
b. Name of body of water nearest to proposed project
64 V►k
Chocowinity Bay / Taylor and Rodman Creeks
ra.n
the water body idenfified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑unknown
Pamlico River
proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ONO
work falls within.
City of Washington
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
No dock structures are proposed, however, shoreline along
Subject Riparian Parcel = approx. 117-acre
Taylor Creek and the Chocowinity Bay for the entire riparian
parcel exceeds 10,000 Ift.
C. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
Typ. ex. lot +/- 20,000 sq.ft.,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
+2' to +5' ❑NHW or ®NWL
e. Vegetation on tract
Large portions of the tract are maintained in a mowed condition. Loblolly pine, Holly, Wax myrtle in upland. Wax myrtle,
Black willow, Saw grass, Phragmites and S. cynusoroides in wetlands.
I. Man-made features and uses now on tract
Within Bay Lakes subdivision: existing canals and waterways from previous mining activities; single family lots and roads;
residential docks within canals. Specifically within subject riparian parcel: formerly disturbed wetland which has been
partially filled and is maintained as herbaceous area: dirt road to Chocowinty Bay waterfront; existing ramps and dockage;
existing upland canals, existing open water Canals connecting to Chocowinity Bay with side cast spoil islands along each.
g. Identify and describe the existing land uses adjacentt to the proposed project site.
Residential
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential -
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront dedevelopment proposal? ❑Yes ®No
It. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>

I
Form DCM MP-1 (Page 3 of 4) APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? VJAN 0 2 2014 ®Yes ❑No
(iii) If yes to either(!) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available) Ill ney-.yUp MY
n. Describe existing wastewater treatment facilities.
N/A for the development proposed in this application. Proposed channel excavation does not require wastetreatment.
o. Describe existing drinking water supply source.
WA for the development proposed in this application. Proposed channel excavation does not require water service.
p. Describe existing stoma water management or treatment systems.
No known stornwater management treatementi systems. Sheet flow over vegetated areas is current treatment.
5. Activities and Impacts
a. Will the project be for commercial. public, or private use? ❑Commercial ❑PublirJGovemment
®Private/Community
b. Give a brief description of purpose, use, and daily' operations of the project when complete.
Proposed channel would provide navigable access from existing canals and waterways within the Bay Lakes subdivision to
Chocowinity Bay.
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 tobe stored.
Land -based excavation per tract hoe/backho6. Excavation below normal high water will preferably be done with an
excavator located on the adjacent spoil islands. if necessary, a barge -mounted excavator will be used.
d. List all development activities you propose.
Applicant proposes to: (1) Create an approximately W-wide canal through uplands and formerly altered wetlands to provide
navigable access from canals/waterbodies within Bay Lakes to the adjacent Chocowinity Bay (2) Perform maintenance
dredging below normal high water within an existing man-made canal and in Chocowinity Bay at the mouth of the canal to a
final depth of -4' NLW (3) Fill formerly man-made canals and ditches with dredge material (4) Perform planting and minor
grading; in remaining, formerfydisturbed wetl nds for welland enhancement.
e. Are the proposed activities maintenance of an existing project, new work, or both? 'Both maintenance and improvements
to existing the existing features.
f. What is the approximate total.disturbed land area resulting from the proposed project? 1.5 ❑Sq:Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area QYes ONO ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No direct discharges are proposed. -
I. Will wastewater or stormwater be discharged into a Welland? []Yes JoNo ❑NA
If yes, will this discharged water be of the, same salinity as the receiving water? Oyes []No ❑NA
j. Is there any mitigation proposed? Yes ONO (DNA
If yas, attach a mitigation proposal.
<Form continues on back>

Form DCM MP-1 (Page 4 of 4) APPLICATION for
welopment Permit
F
dditional InformationJAN 0 2 2014
dition t t this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
ge to be complete. Items (a) — (0 are alwaysapplicable to any major development application. Please consult the application
ction booklet on how to property prepare the required items below.
roject 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, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed Ito guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) o'r 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.
I. 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
whichto submit comments on the proposed project to the. Division of Coastal Management.
Name Norfolk Southern Railroad c/o Mr. Cad Wilson (to the west) Phone No.
Address East Carolina Business Unit, 1500 Carson St. Raleigh, NC 27608
Name Crisp Enterprises LLC (to the east) Phone No.
Address 1397 Whichards Beach Road, ChocOwinity, NC 27817
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates.
None Known
h. Signed consultant or agent authorization form, if opplicable.
1. 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 ofcompliance with the N.C. Environ ental 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.
7. Certification and Permission to Enter on Land
1 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 do the best of my knowledge.
Date 3CdAA�(.r 7 Print Name "'A/�
7/.
Ple se indicate application attachments ertairtin to ourproposed ro'ect.
PP p 9 Y project.
CM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information

moail<Ic.i noy To � s �7��
Form DCM MP-2 PEnAlr grP�l��rjoti! a*9f q
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed. project. Please include all supplemental information.
Describe below the LOT, l� pro osed excavation and/or fill activities. All values should be given in feet.
p
.9Access
M Poi j
Other
'aW
Channel
(NLW or
I Ter
�Irl
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excludi411) ng
shoreline
NWL)
eMeA
stabilization)
Length
411°,
N/A
N/A
N/A
N/A
Width
varies to
ems„ =`65'
N/A
N/A
N/A
N/A
Avg. Existing
-3.0' MSL or -
varies, avg -3'
N/A
NIA
NA
NA
Depth
3.5' NLW
MSL
Final Project
3.5' MSL
-3.5' MSL
N1A
N!A
NA
NA
Depth
ono' NLW
or-4' NLW
_&
-*2KCCv,vx_r DEEPzN ovtL,;_7� 1b cAocv wbMlry,Bigy
1. EXCAVATION 1 ❑This section not applicable
a. Amount rodfsm,yaaterial to be excavated from below NHW or NWL in b.
cy (marntena
cu - ce dredging in existing man-made open water
canals and proposed dredging in access channel in Chocowinity,
Bay).
c. (i) Does the area to be excavated include coastal weflands/marsh d.
(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 (see below l ❑None
to be excavated.
Soft bottom (sand and silt) of existing man-made, open
water canals.
High -ground excavation in cubic yards.
Upland excavation for proposed navigation canal = 2,703
cy.
(ii) Describe the purpose of the excavaT i se areas:
Excay. of ex. side -cast spoil islands- sq.ft. These areas
will be excavated to expand the existing open water canal. The
spoil islands were created when the canal was dug and llp-
1 909E vegetated wither mix of shrubs such as Wax myrtle and
herbaceous species such as Phragmites and S. cynosuroides. I
Excavation of this area will promote navigation and flushing. T �l.. n L B . _ n y
Tl.1fa- ARAM War%+- Dey/cri,sd by P WAW-
,)LF�U �/%01AlL-yd,rn,dy s4. IYYor5 w/9ro'S.
BECEWED
JAN 0 2 2014
DCM-MHDCIW
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
On -site Approximately 3,571 cy of the excavated material will be
used to fill existing upland and open water canals as
indicted on Sheet 5. Filling upland canals will remove
potential "stagnant areas" and improve flushing. Filling the
existing open water canal will provide wetland
enhancement.
- dP I I^nn afPBC (ire-'.^^d

c. (i) Do you claim title to disposal area?
®Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
d. (i)Afyes,
a disppos4 area be available for future maintenance?
ese o ❑NA
(if where?
e. (i) Does the disposal area include any coastal wetlands/marsh f.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If anyboxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB —
❑WL ®None
(it) Describe the purpose of disposal in these areas:
3. SHORELINE STABILIZATION
(if development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b,
SBulkhead ❑Riprap ❑Breakwater/Sill ®Other. hoc
slats
(i) Does the disposal include any area in the water?
®Yes []No ❑NA
(if) If yes, how much water area is affeAva S>`MA
rA4 Existing man-made, upland canalsin be rifled where the
proposeeQ,ch nnel would cut off those canals, see Skeels. QA441✓'N
FrImg existing canal)t(would be done to maintain good
water quality.—c �::og nnpn a atei,� ^-.....:�'
< '-
Width:
❑This section not applicable
C. Average distance waterward of NHW or NWL: None. Bulkheading d. Maximum distance waterward of NHW or NWL:
along existing canals would be aligned at NWL. Side slopes and None. No new stabilization along existing NHW/Chocowinity Bay
stabilization of proposed navigation canal will be cut from upland shoreline.
and previously impacted wetland areas. No stabilization is
proposed along exisimg NHW/Chocowinity Bay shoreline.
e. Type of stabilization material:
Vinyl bulkhead and hog slats.
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill None Riprap —
Breakwater/Sill— Other—
s. Source of fill material.
N/A
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes []No SNA
(if) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
N/A RECEIVED
JAN 0 2 2014
DClvl-"M, CITY
4. OTHER FILL ACTIWITIES []This section nor applicable
(Excluding Shoreline Stabilization)
a. (1) Will fill material be brought to the site? SYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
(it) Amount of material to be placed in the water -25 cv of do other wetlands (WL)? If any boxes are checked, provide the
rapO t�V number of square feet affected.
m Dimensions of fill area so.ft. and lSlsa.h. of no rap ❑CW ❑SAV ❑SB
will be Placed in existing man made upland canals.S6BOA ❑WL SNone
(iv) Purpose of fill (11) Describe the purpose of the fill in these areas:
Rip rap will be placed at the connections of the proposed
canal and the existing canals to promote exchange and
maintain good water quality.
y

••.'�.. ;Enca.ra doh and F'V; P;aa 3 &f 31
a. How will excavated or fill material be kept on site and erosion
controlled?
Stabilization of proposed channel will be installed before
excavation. Earthen plug. will remain at waterward end and
removed last to minimize sedimentation in the Bay.
c. (1) Will navigational aids be required as a result of theproject? d.
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
Date
Bay Lakes
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Land -based excavators and barge mounted excavators, if
necessary. If a barge -mounted excavator is needed for
excavation below NHW, material will be de -watered on the
barge and dry material will be moved onto the property at the
existing ramp.
(1) Will wetlands be crgssed in transporting equipment to project
site? ❑Yes ®Nd ❑NA
(it) If yes. explain steps that will be taken to avoid or minimize
environmental impacts.
Use of existing ramp if needed.
Project Name
Mr. Warren Whichard,
Applica%n �Nam
Aoplifant Signature
JAN 0 2 2V
DCM-'MC:TY

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date goyoNb?- t 17zo/3
Name of Property Owner Applying for Permit:
WgAArd
Mailing Address:
BIZ .4 K E OAl v-e.
G i► o c o wihr � T�� A• C 2 7YI Z
JAN 0 2 2014
/%vj /2ic4/Ic -0A.(, 4
I certify that I have authorized (agent) 44LAA fr/ifflYitl LAN1 /qqL(08 t 6n my�
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) /q G eO / � rM 94!e /44KX e5 6-1-4reS1-0JC�DCuy �w ifr ��I�
at (my property located at) �✓�� wCS Q1lALs, A A aleeLiFUht 6vt , %y
This certification is valid thru (date) c/w n L P /2r+ 1'tsq�/40�,e / fs ve 4
Property Owner Signature Date

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 19, 2013
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, North Carolina 27817
Subject: Ambient Water Quality Monitoring Report Reffiow RECEM
Bay Lakes
Beaufort County "` JAN 0 2 2014
Dear Mr. Whichard:
• 13C:v:-NLUDC1TY
On December 4, 2013, the Washington Regional Office received your Ambient Water
Quality Monitoring Report for Bay Lakes prepared by Land Management Group, Inc. The report
summarizes water quality monitoring data for samples collected in the vicinity of Bay Lake.
Based on the data, water quality within Bay Lake is equal to or better than water quality within
Taylor Creek and Chocowinity Bay.
Based on favorable findings, the Division of Water Resources (DWR) does not object to:
1) maintaining the existing connection between Bay Lake and Taylor Creek located on the
northwestern side of Bay Lake and as identified on the attached figure as Point A; and
2) removal of the bulkhead closure located at the southwestern corner of Bay Lake and as
identified on the attached figure as Point B.
The above positions are considered conditional upon installation of piles at the existing
connection (Point A) to restrict boat traffic and conducting proposed activities under proper
authorization from the Division of Coastal Management (piles at Point A, removal of bulkhead
closure, and canal maintenance/improvement efforts). Once proposed activities as referenced
above are implemented in accordance with plans approved by the Division of Coastal
Management, DWR will consider the Notice of Violation and Recommendation For Enforcement
dated September 11, 2012 (NOV-2012-PC-0311) closed out with no further action required.
Should you fail to restrict access at the existing connection (Point A) as proposed and in
accordance with approvals from other agencies, you remain subject to potential enforcement
actions as specified in the original September 11, 2012 Notice.
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone]FAX: [phone]
Internet: www.nawaWr.ora
An Equal Opponunity 1 ARrrnalive Action Employer

Mr. Whichard
December 19, 2013
Page 2 of 3
The Division appreciates your attention to this matter and your efforts to incorporate
environmental protection measures into your plans for the Bay Lake project. Should you have
any questions concerning this matter, please do not hesitate to contact me at 252-948-3939.
Sincerely,
e
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Attachment: Figure 1
cc: Karen Higgins
David Moye — DCM WaRO
Maria Dunn — Wildlife Resources Commission WaRO
US ACE — Washington Office
f 13CTwt-�C�`I

p
i ay!of C!eCK j
1
A
��...�•- yam. wo+, r:'. •.'R.�-.
Dug Canal - New Boat Route following Openmg of 8 j
t,

TYPICAL HOG SLAT
PRE -FABRICATED CONCRETE SLABS
(EXACT DIMENSIONS PER MANUFACTURER)
.<<..
slats
10,
LAND MANAGEMENT GROUP
INC
ENVIRONMENTAL CONSULTANTS
M BOX 2= =..
(910) 4 2-0001
WIIMIN(TON. N.C. 28402 FAX:
EhWL• InlaOlmamep.net
(910) 452-00Ba1,\ CAMA\2001 CA&/A f LE5\OI.07-2O8
--- DAY LAKF5. VHa[Am7\'PEP.MI_\
hNWti 9P MA 0R_ "2VW6
PROJECT:
B, M,,,
BEAUFORT COUNTY
CLIENT:
MB, WA EM WNICWO
JOB # 01-07-208
T �
I P
HOG SLAT I
-
DRAWN BY:
LE5
DATE: added 5 27 09
SCALE:
1" = 2'
SHEET 6A OF 6
p
BAY LAKES

DCM'Coordinatort{tiw-el, Permit#: --OF
MAILING DISTRIBUTION SHEET
Permitee: L.7gc car.� Ba�S
Agents: [xl K 41Saw - Lstkr a S 1 kSa v(. L✓
DCM Field Offices
Elizabeth City
I .ad City ✓
ashin t d*'
Wilmington
(with revised work plan drawings)
US ACOE Offices:
Washington:
h Bland
Wilmington:
Ronnie Smith
Cultural Resources:
Renee Gledhill -Early or (envi [e-mail])
Public Water Supply:
Debra Be RO}_
J 'te (WARD)
NC DOT:
Ken Pac `—
Shellfish Sanitation:
atti Fowler
State Property:
im Walton
Water Resources:
en H' ' )
John Hennessy (NC DOT)
Washington:
nthon Scarborough
Wilmington:
Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources:
M �ria Dunn (WARO)
LPO:
Fax Distribution:
Permitee
Agent #:.

North Carolina
Pat McCrory
Governor
Warren Whichard
511 Bay Lake Drive
Chocowinity, N.C. 27817
Dear Sir or Madam:
_LT�
NC®M
Department of Environment and Natural Resources
Division of Coastal Management ;
Braxton C. Davis
Director
February 5, 2014
rr;.
John E. Skvarla, III
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 p%pit 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.
l'n
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. Howeyer, 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.
Sincerely,
Douglas V. Huggett
Major Permits and Cdhsistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
sy
An Equal Opportunely 1 Affrmatve Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Warren Whichard — Bay Lakes
2. LOCATION OF PROJECT SITE: off of SR1166 (Whichard's Beach Rd.) at the southern end of Bay
Lakes Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County North Carolina.
Photo Index 2006: 99-8171 M-19 2000: 99-1127 N-6
State Plane Coordinates - X: 648,902.951 Y: 2,576,129.087 GPS Rover File # H021009A
USGS Quad: Washington (lower middle)
INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —23 May 2007 & 10 February 2009
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received — 19 June 2009
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Developed
(B) AEC(s) Involved: PTA, PTS, and Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing — sewer in existing subdivision
Planned - N/a
(F) Type of Structures: Existing —bulkhead along portions of the canal, several small piers and
docks.
Planned - f1,075' X ±65' canal, hog slat stabilization of canal banks,
±20,000 ft2 of maintenance excavation, and f4,695' of bulkhead.
(G) Estimated Annual Rate of Erosion: N/a
Source —
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands 404
±58,825 ft2
f5,172 ft2
(B) Non -Vegetated Wetlands
t4,695 ftZ
Canal bottom
±20,000 ft2
Bay Bottom
f3,752 ft2
(C) Uplands
f11,050 ftz
(D) Total Area Disturbed: ±99,742 ftz (f 12,199 y&)
(E) Primary Nursery Area: No
(F) Water Classification: SC/NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay.

e
Warren Whichard — Bay Lakes
Beaufort County
Project Setting
The project area is located off SR1166 (Whichard's Beach Rd.) near the Town of Chocowinity, in
Beaufort County North Carolina. Bay Lakes is a f20 acre fresh/brackish water lake with a t1500'
long by ±40' wide dead end canal that extends from the northern corner. The dead end canal has
three f1,000' long by ±50' wide lateral canals extending to the east that serve to expand the
waterfront development potential of the property. The area surrounding Bay Lakes has been
subdivided into t 100 lots of which approximately twenty percent have been built upon. The lake has
no navigable connection at this time, however many of those built upon properties do have existing
waterfront amenities such as piers/docks, bulkheads, boat slips and boat ramps that have not been
subject to the permit requirements of the North Carolina Division of Coastal Management.
The northern most lateral canal off of the main canal connects to what was an existing farm pond
that is now connected under Whichard's Beach Rd. (SR1166) to the head of Rodman Creek, a
tributary of the Pamlico River. One other non -navigable connection exists between Bay Lakes and
Taylor's Creek. This connection is located along the western shoreline of the lake and is the result of
previous storms.
Bay Lakes and the connecting canal system are the result of an earlier sand mining operation owned
by the applicant, Warren Whichard. The mining operation was permitted by the North Carolina
Division of Land Resources (Permit #0715).
The current project proposal is to connect Bay Lakes and the canal system to Chocowinity Bay off of
the Pamlico River. The proposed connection will extend from the south side of Bay Lakes to the
open Waters of Chocowinity Bay. The t2,000' long area between Bay Lakes and Chocowinity Bay
has been subject to several previous impacts. Existing impacts within the proposed alignment of the
canal/channel connection include two separate dead end canals off Chocowinity Bay, a fresh water
pond, and resultant spoil material. Regardless of previous impacts a significant portion of the
proposed access continues to be 404 wetlands as delineated by the US Army Corps of Engineers, that
transition to Coastal Wetlands. Coastal Wetlands in this portion of Chocowinity Bay consist of a
homogeneous stand of Spartina cynusoroides. Other vegetation on the project site includes mixed
hardwood species and pines along the western border of the lake.
The Inland waters of Chocowinity Bay and Taylor's Creek are classified SC —nutrient sensitive
waters by the North Carolina Environmental Management Commission and are closed to
shellfishing. The coastal waters of Rodman Creek are classified as SC -nutrient sensitive waters by
the North Carolina Environmental Management Commission. Land Management Group, Inc.
sampled for submerged aquatic vegetation (SAV) at several stations throughout the project site and
Chocowinity Bay and found none present. In addition no SAV was observed by DCM staff during
site visits on 23 May 2007, 10 February 2009 and 26 June 2009. LMG also collected water quality
data in and around the project site and in Chocowinity Bay. A table with the parameters measured
and results is included in the application package.
The granting of a permit for the proposed project will result in regulatory changes for the property
owners of Bay Lakes. Property owners will be subject to the permit requirements of the North
Carolina Division of Coastal Management as well as the Riparian Buffer Rules administered by the

�'►'��
NCDEEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvaria, III
Governor Director Secretary
MEMORANDUM JAN 0 2 2014
TO: Doug Huggett DCN(-MHDCrrY
THROUGH: David Moye W")r^
FROM: Kelly Spivey
DATE: 23 December 2013
SUBJECT: Modification of CAMA Permit application for Warren Whichard/ Bay Lakes Chocowinity Bay
Beaufort County
On 19 June 2009 Land Management Group on behalf of Mr. Warren Whichard submitted a CAMA
Major Permit application for the maintenance excavation of an existing canal and the excavation of a new canal
through wetlands to connect a man-made lake (Bay Lake) and Chocowinity Bay located off SR 1166
(Whichards Beach Rd.) near Chocowinity in Beaufort County, North Carolina. During the review process of
this application, the Division of Water Resources did not have enough information to formulate a decision and
therefore returned the Water Resources application. At that time the Division of Coastal Management could not
continue the processing of the application and it was put on hold. Since that time the Division of Water
Resources and Mr. Whichard reached an agreement to provide the appropriate information to formulate a
decision. Attached please find a letter from DWR addressed to Mr. Whichard.
On 19 December 2013 Mr, Hood Richardson, P.A. on behalf of Mr. Whichard submitted a modified
CAMA Major Permit application for processing. The applicant has only submitted the forms and plats that
reflect changes in the original application. A summary of the changes are as follows:
1. The connection of the lake to Chocowinity Bay has been relocated to the west in an area that has been
bulkheaded separating the lake with an existing man-made canal. The removal of the bulkhead will
provide a 55' wide direct connection of the lake to Chocowinity Bay through the existing 20' to 30'
wide by 1100' long man-made canal system which measures approximately 3.0' in depth below
Normal Water Level.
2. This existing man-made canal system will be widened to 60' and excavated to a final project depth of
4.0' below Normal Water Level. All of the excavation is proposed on the east side of the canal. The
excavation will result in the approximately 9,421 cubic yards of spoil. The additional width of the
canal will result in the excavation of 19,200 ft2 of Section 404 wetlands and 6,600 ft2 of Coastal
Wetlands.
3. As originally requested the resultant spoil from the Coastal Wetland excavation will be disposed of in
an existing dead end man-made canal that was previously excavated in Coastal Wetlands, located
approximately 20' to the east of the new excavation. This canal is approximately 10,000 ft2 in size.
The finished grade of this fill area will be equal to the existing adjacent Coastal Wetland elevation.
This area will be allowed to return to a Coastal Wetland.
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet www.nocoastalmanagernent.net

1
I
N ✓

Warren Whichard/ Bay Lakes
23 December 2013
Page 2
xEMWEI) ,
JAN 0 2 2014
4. The resultant spoils from the 19,200 sq. ft. of Section 404 wetlands Px%ava�onFwill be
disposed of in an existing man-made pond and turning basin. Both of these filled areas will
have a finished grade of the adjacent Section 404 wetlands. These fill areas total
approximately 18,250 sq. ft.
5. A vinyl bulkhead will retain all the spoil and prevent unconsolidated material from entering
the watercourse and concrete hog slats will line the eastern edge of the man-made canal for
bank stabilization. The bulkhead separating the filled man-made pond and the navigation
will be elevated 6" above the final grade. This will prevent excessive erosion from boat
traffic.
Please note, the modified application results in a 30,035 ft' reduction of wetland impacts.
Originally, the applicant proposed to excavate approximately 17,300 ft' of Coastal wetlands. The
application modification proposes a Coastal Wetland impact of 6,600 ftz, which is a 10,700 ft'
reduction. Approximately 10,000 ft' of open water will be restored as Coastal Wetlands. The original
Major Permit application package was processed by Mike Thomas, Coastal Management Field
Representative on 1 July 2009. I will be glad to provide a copy of the previous application package if
needed.
ATTACHMENTS

Huggett, Doug
From: Davis, Braxton C
Sent: Monday, December 23, 2013 9:23 AM
To: Huggett, Doug
Subject: FW: Whicards Beach Water Permit
Attachments: Bay Lake Response Dec 18 2013[l ].docx; RE: Bay Lakes Project - Recommendations; RE:
Bay Lakes Project - Recommendations
Doug,
Given how long this has been tied up, let's do whatever we can to expedite the processing of this major permit.
Please let your folks know if they aren't familiar with this case.
Thanks...
Braxton Davis
Director, NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[phone] ext. 202
E-mail correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Reeder, Tom
Sent: Thursday, December 19, 2013 10:14 AM
To: Presnell, Lacy; Gillespie, Mitch; Harwood, Joseph E; Davis, Braxton C; May, David; Zimmerman, Jay; Matthews, Matt
Subject: FW: Whicards Beach Water Permit
Lacy — We had a chance to review the water quality report associated with the Whicards marina issue and coordinate our
decision with DCM. The bottom line is that we agree with Mr Whicard and we have decided that it is OK for him to open and
maintain his channel. Furthermore, we can now resolve the outstanding NOV. Mitch said to make sure that we ran our
decision on this issue by you, before we sent out anything. Our proposed letter to Mr Whicard is attached along with several
other a -mails that provide background info: Once we get your OK, we can get this out to Mr Whicard. Just let us know if you
have any questions, or need anything else on this. Thanks.
0-*[
N*0
Tom Reeder
Director, NC Division of Water Resources
Phone: [phone]
email: [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.

From: <May>, David <[e-mail]>
Date: Thursday, December 19, 2013 9:13 AM
To: Tom Reeder <tom.reeder nnncdenr.eov>
Cc: "Matthews, Matt' <[e-mail]>, "Zimmerman, Jay" <[e-mail]>
Subject: RE: Whicards Beach Water Permit
Yes, I've followed up with DCM and there OK with how we're proposing to proceed (see attached e-mails). Please see
the following messages forwarded separately for additional background. Sounds like we need to get concurrence from
Lacy Presnell on the recommendations proposed by our office as the next step.
I can forward the recommendations along to Lacy if needed. Everything should be in the attachments I believe. If Lacy
and everyone is in concurrence with the recommendations, I'll be glad to hand deliver the "response letter" to Mr.
Whichard personally today.
Just let me know if you would like for me to coordinate with Lacy or not.
Thanks
David May
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
http://www.ncwater.org
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Reeder, Tom
Sent: Thursday, December 19, 2013 8:11 AM
To: May, David
Subject: Re: Whicards Beach Water Permit
Hi, David. I am just checking to see if you have had a chance to coordinate this with DCM yet. Thanks.
1=11,
Tom Reeder
Director, NC Division of Water Resources
Phone: [phone]
email: [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.

From: <May>, David <[e-mail]>
Date: Wednesday, December 11, 2013 5:07 PM
To: Tom Reeder <[e-mail]>
Cc: "Higgins, Karen" <[e-mail]>, "Zimmerman, Jay" <[e-mail]>, "Matthews, Matt"
<[e-mail]>, "Scheller, Roberto" <roberto.scheller([e-mail]>
Subject: RE: Whicards Beach Water Permit
Tom,
In the way of a status update on the Bay Lake/Warren Whichard project in Beaufort County, our office has completed
review of the Ambient Water Quality Monitoring Report submitted to our office December 4, 2013. Prior to submitting
a recommended course of action on how to proceed, I would like to update CAMA with where I feel we are at (and help
ensure our thoughts are consistent with their program needs and requirements). CAMA's District Manager is out of the
office for the remainder of the week.
If agreeable, I would propose providing a brief outline summarizing the project issues, findings of the report, and
proposed recommendations early next week after discussing matters further with CAMA. Should a project
summary/recommendations be desirable sooner or there are other questions in the mean time, please let me know.
Thanks
David May, L.G.
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
http://www.ncwater.org
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Reeder, Tom
Sent: Wednesday, December 04, 2013 1:08 PM
To: May, David
Cc: Higgins, Karen; Zimmerman, Jay; Matthews, Matt
Subject: Re: Whicards Beach Water Permit
Let me know when you receive the final report. Thanks.

Tom Reeder
Director, NC Division of Water Resources
Phone: [phone]
email: [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: <Gillespie>, Mitch <[e-mail]>
Date: Wednesday, December4, 2013 12:31 PM
To: "May, David" <david. [e-mail]>, Tom Reeder <[e-mail]>, "Robbins, Neal'
<Neal.Robbins(@ncdenr.gov>, "McLamb, Carr" <[e-mail]>
Cc: "Higgins, Karen" <[e-mail]>, "Move, David" <[e-mail]>, "Zimmerman, Jay"
<[e-mail]>, "Matthews, Matt" <[e-mail]>
Subject: RE: Whicards Beach Water Permit
Was informed by Sen. Cook the report has been sent. Keep us informed on this issue.
Mitch Gillespie, Assistant Secretary of Environment
N.C. Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, N.C. 27699-1601
E-Mail: [e-mail]
Telephone/Fax: [phone]
Environment and Natural Resources Building, S`h floor
217 W. Jones Street, Raleigh, N.C. 27603-6100
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: May, David
Sent: Monday, November 25, 2013 3:54 PM
To: Reeder, Tom; Robbins, Neal; Gillespie, Mitch; McLamb, Carr
Cc: Higgins, Karen; Moye, David; Zimmerman, Jay; Matthews, Matt
Subject: RE: Whicards Beach Water Permit
Hello all,
Our office has a history with Bay Lakes and Mr. Warren. For reference, the history is summarized in the attached Bay
Lake Docs attachment. In short, a manmade lake/pond was connected to an established natural creek without
approval/authorization. Take a look at the attached topo map. You won't see a connection between Taylor Creek (and
area canals) and the subject lake. Aerial photos are also provided for reference. With the "connection" made between
the lake and creek/canals, "waterfront" lots with river access were created.`'
Mr. Whichard stopped by our office recently unannounced (within the last couple of weeks) and met with me and David
Moye (district CAMA Supervisor). Mr. Whichard was under the impression that our office had received a recent "water
quality evaluation report" summarizing surface water monitoring data related to the project. We let Mr. Whichard

'know that we hadn't received the report, but would be glad to review the data once received. Shortly thereafter, we
received a "draft/preliminary" report, but still to my knowledge haven't received the official final report.
Once we receive the final surface water evaluation report and have a chance to evaluate findings, I believe we'll be in a
position to make recommendations on how to proceed with the matter (as related to the course of action to address the
"connection" between the creek/lake/canals in the area).
Given that the project overlaps with CAMA, we're working to coordinate with them also. Please call if anyone needs
more background or further information on where we are now with the matter.
Regarding Rose Acre Farms, it's my understanding that the existing case is still open and we're still working on things.
Please let me know if there are questions or comments.
Thanks
David May
David May, L.G.
Regional Supervisor
Division of Water Resources
Water Quality Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone:[phone]
Fax:[phone]
E-mail: dovid.may@ncdenr.00v
http://www.ncwater.oriz/
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Reeder, Tom
Sent: Monday, November 25, 2013 2:44 PM
To: Robbins, Neal; Gillespie, Mitch; May, David; McLamb, Carr
Cc: Higgins, Karen
Subject: FW: Whicards Beach Water Permit
Neal — Based on a quick review of the attachment, I noticed that this appears to involve 404 wetlands/waters. That means
that the Army Corps would have to approve whatever is being proposed. I have copied the DWR Washington Regional
Supervisor, David May, to see if he has any insights into this. Regarding Rose Acres, we basically had a deal but then Rose
Acres backed out on the advice of their corporate attorneys. Lacy is meeting with staff on trying to resolve that. Thanks.
Tom Reeder
Director, NC Division of Water Resources
Phone: [phone]
email: [e-mail]

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: <Robbins>, Neal <[e-mail]>
Date: Monday, November 25, 2013 2:34 PM
To: Tom Reeder <tom.reeder ncdenr.gov>, "Gillespie, Mitch" <[e-mail]>
Subject: Fwd: Whicards Beach Water Permit
Thoughts?
Neal Robbins
Director of Legislative and Intergovernmental Affairs
N.C. Department of Environment and Natural Resources
neal.robbi ns(a),ncdenr.2ov
Sent from my iPhone
Begin forwarded message
From: "Jordan Hennessy (Sen. Bill Cook)" <[e-mail]>
Date: November 25, 2013 at 12:46:32 PM EST
To: "Robbins, Neal ([e-mail])" <Neal.Robbins @ncdenr.gov>, "McLamb, Carr
(carr.mclamb(@ncdenr.gov)" <[e-mail]>
Subject: FW: Whicards Beach Water Permit
Hi there,
Below, is an email from Sen. Cook, asking me to forward this along to you all.
Also, he would like to have an update on Rose Acre Egg farm in Hyde County.
Regards,
Jordan Hennessy
Office of Senator Bill Cook
District 1
[phone] Office
[phone] Cell

Huggett, Doug
From: May, David
Sent: Wednesday, December 18, 2013 2:50 PM
To: Matthews, Matt
Cc: Higgins, Karen; Schaller, Roberto; Zimmerman, Jay
Subject: RE: Bay Lakes Project - Recommendations
Attachments: Bay Lake Status Dec 16 2013.docx; Bay Lakes NOV Sept 2012.pdf; Bay Lake Response Dec
18 2013.docx
Matt,
Thanks for the earlier feedback. Looks like a Notice was issued for the latest connection (see attached). I've updated
the previous memo to incorporate your editorial comments, provide more narrative on the "recent history" as related to
Notices, and better clarify the intent of recommendations. Primary revisions are highlighted in blue in the updated
memo. I also went ahead and prepared a draft "general correspondence" letter (as referenced in Recommendation #3)
for consideration if all seems OK.
Let me know what you think. As always, any and all feedback is welcome.
Thanks
David May
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
http://www.ncwater.org/
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Zimmerman, Jay
Sent: Wednesday, December 18, 2013 9:05 AM
To: May, David
Cc: Higgins, Karen; Scheller, Roberto; Matthews, Matt
Subject: RE: Bay Lakes Project - Recommendations
David,
Matt and I discussed your recommendations this morning and concur, with a few tweaks that Matt may have discussed
with you. He indicated he needed to verify a few last minute items and will contact you regarding any suggested
changes. Feel free to work with Matt at this point so that we can provide Mr. Whichard with the requested feedback.
Thanks

Jay
S. Jay Zimmerman, L.G., Chief
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center, Raleigh, NC 27699-1636
Ph# [phone], Fax# [phone]
web page: http,f w m.ncwater.oro/
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the
content is exempt by statute or other regulation.
From: May, David
Sent: Tuesday, December 17, 2013 3:36 PM
To: Zimmerman, ]ay; Matthews, Matt
Cc: Higgins, Karen; Scheller, Roberto
Subject: Bay Lakes Project - Recommendations
Jay and Matt,
Please find the attached document summarizing the history, recent sampling project findings, and recommendations for
Mr. Warren Whichards Bay Lakes project. If you're in agreement, our office would be glad to prepare the
correspondence proposed in the recommendations and circulate it as a draft initially prior to issuance. Let us know
what you think or if a different route is recommended.
Also, Mr. Whichard dropped by the office this morning to inquire about where things stood and the timeframe for
feedback. I let him know that his project is considered a priority and hopefully we could respond soon. His response
was he hoped some form of a response could be provided in days versus weeks and would appreciate it if we could
follow back up with a more exact timeframe for when official feedback could be provided.
Please let me know if you have any questions.
Thanks
David May
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone:[phone]
Fax:[phone]
E-mail: david.mavCa)ncdenr.aov
http://www.ncwater.org
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Huggett, Doug
From:
May, David
Sent:
Wednesday, December 18, 2013 4:01 PM
To:
Matthews, Matt
Cc:
Higgins, Karen; Scheller, Roberto; Zimmerman, Jay
Subject:
RE: Bay Lakes Project - Recommendations
Attachments:
image001.jpg
OK. We'll sit tight for now. Just let us know what Lacy thinks.
Thanks
David May
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
E-mail: dovid.mov@ncdenr.00v
http://www.ncwater.org/
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Matthews, Matt
Sent: Wednesday, December 18, 2013 3:52 PM
To: May, David
Cc: Higgins, Karen; Scheller, Roberto; Zimmerman, Jay
Subject: RE: Bay Lakes Project - Recommendations
David,
This looks good to me.
With Jay's concurrence, we now need to send these up through the chain to Lacy Presnell.
Matt
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Matt Matthews
Department of Environment and Natural R..,
Water Quality Permitting Section Chief
--.[phone] Work
:[e-mail]
512 N. Salisbury Street
27604
http://p o rtaI.ncd enr. orgMabAvq/swp
From: May, David
Sent: Wednesday, December 18, 2013 2:50 PM
To: Matthews, Matt
Cc: Higgins, Karen; Scheller, Roberto; Zimmerman, Jay
Subject: RE: Bay Lakes Project - Recommendations
Matt,
Thanks for the earlier feedback. Looks like a Notice was issued for the latest connection (see attached). I've updated
the previous memo to incorporate your editorial comments, provide more narrative on the "recent history" as related to
Notices, and better clarify the intent of recommendations. Primary revisions are highlighted in blue in the updated
memo. I also went ahead and prepared a draft "general correspondence" letter (as referenced in Recommendation #3)
for consideration if all seems OK.
Let me know what you think. As always, any and all feedback is welcome.
Thanks
David May
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone:[phone]
Fax: [phone]
E-mail: david.mov(@ncdenr.aov
http://www.ncwater.org/
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Zimmerman, Jay
Sent: Wednesday, December 18, 2013 9:05 AM
To: May, David
Cc: Higgins, Karen; Scheller, Roberto; Matthews, Matt
Subject: RE: Bay Lakes Project - Recommendations
David,

Matt and I discussed your recommendations this morning and concur, with a few tweaks that Matt may have discussed
with you. He indicated he needed to verify a few last minute items and will contact you regarding any suggested
changes. Feel free to work with Matt at this point so that we can provide Mr. Whichard with the requested feedback.
Thanks
Jay
S. Jay Zimmerman, L.G., Chief
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center, Raleigh, NC 27699-1636
Ph# [phone], Fax# [phone]
web page: htti)://www.ncwater.org
Email correspondence to and from this address Is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the
content is exempt by statute or other regulation.
From: May, David
Sent: Tuesday, December 17, 2013 3:36 PM
To: Zimmerman, Jay; Matthews, Matt
Cc: Higgins, Karen; Scheller, Roberto
Subject: Bay Lakes Project - Recommendations
Jay and Matt,
Please find the attached document summarizing the history, recent sampling project findings, and recommendations for
Mr. Warren Whichards Bay Lakes project. If you're in agreement, our office would be glad to prepare the
correspondence proposed in the recommendations and circulate it as a draft initially prior to issuance. Let us know
what you think or if a different route is recommended.
Also, Mr. Whichard dropped by the office this morning to inquire about where things stood and the timeframe for.
feedback. I let him know that his project is considered a priority and hopefully we could respond soon. His response
was he hoped some form of a response could be provided in days versus weeks and would appreciate it if we could
follow back up with a more exact timeframe for when official feedback could be provided.
Please let me know if you have any questions.
Thanks
David May
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
E-mail: dcvid.mav(Zi)ncdenr.aov
http://www.ncwater.org/

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

A73P
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 19, 2013
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, North Carolina 27817
Subject: Ambient Water Quality
Bay Lakes
Beaufort County
Dear Mr. Whichard:
On December 4, 2013, the Washington4'Reg
Quality Monitoring Report for Bay Lakes prepared�l�$
summarizes water quality monitormel'I I I for sam
Based on the data, water quality vvrt�ii'i�li�$inLake is
Taylor Creek and Chocowinity Bay.pr
ih
Report Review
[ce receivedl�l ?pr Ambient Water
pagement Gro zliNInc. The report
cted in the vrcinrty of Bay Lake.
or better than water quality within
Based on favorablcl, findings, the Di�j$ of Whte i esource'sti, DWR) does not object to:
,. ��p�� 6
1) maintaining t e oXisting connection betyVeeni'iBay Lakei@and Taylor Creek located on the
northwestern sideiof Bay Lake and as identified on the attached figure as Point A; and
��
2) remoValj,of,the bulkheadhc osure ocated at thsouthwestern corner of Bay Lake and as
�ip� tlp n �I I+.� wp0, Ou tikiJ'p'
id�nt a on the�attachedrfiuure as PomtIIBIIPi
The$above positions are i,consrd'er'ed conditional upon installation of piles at the existing
connection (Epmt A) to restri8itl,boat traf�c and conducting proposed activities under proper
authorization frozn�i�the Drvisionillof, Coastal" Management (piles at Point A, removal of bulkhead
closure, and canal maintenance/improvement efforts). Once proposed activities as referenced
above are implemeifend,i,i m accordance with plans approved by the Division of Coastal
Management, DWR will c,onsider''the Notice of Violation and Recommendation For Enforcement
dated September 11, 2012°I!._IW;, OV-2012-PC-0311) closed out with no further action required.
Should you fail to restrict access at the existing connection (Point A) as proposed and in
accordance with approvals from other agencies, you remain subject to potential enforcement
actions as specified in the original September 11, 2012 Notice.
Water Quality Regional operations Section
943 Washington Square Mali, Washington, North Carolina 27889
Phone: [phone] FAX: [phone]
Internet: www,ncwater.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. Whichard
December 19, 2013
Page 2 of 3
The Division appreciates your attention to this matter and your efforts to incorporate
environmental protection measures into your plans for the Bay Lake project. Should you have
any questions concerning this matter, please do not hesitate to contact me at 252-948-3939.
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Attachment: Figure 1
cc: Karen Higgins
David Moye — DCM WaRO
Maria Dunn— Wildlife Resources Commission WaRO
US ACE — Washington Office

N
Connection -
-To Be Reopened
02013 G..91.
ftN
l0 0,
Imago US.GaeSegical Survey
GOO
ft.q�� Wte: 31512007 35-30'58.91' N T-03'52.67' W elev -%ve

0'
Request for CAMA Major Permit
Project Narrative
Mr. Warren Whichard, Bay Lakes, Chocowinity, NC
Prepared by Land Management Group, Inc., agent, rev. 4/2009
Existing Conditions:
The subject of this application is an approximately 117-acre parcel located in the Bay Lakes
subdivision, Chocowinity, Beaufort County, NC. Bay Lakes is located off Whichard's Beach Road
approximately 0.75-miles east of its intersection with US HWY 17. The subdivision contains single-
family lots and roads situated along historic man-made canals. Existing upland canals and
waterways were created as part of a mining operation and were largely constructed in the 1950's.
The majority of platted lots have been sold, and homes are constructed on many of those lots.
Canals are bulkheaded and contain individual, single family docks.
The subject 117-acre riparian parcel is owned by Mr. Warren Whichard and is located in the
southern half of the Bay Lakes subdivision. The parcel is bounded to the south by Chocowinity
Bay and to the west and southwest by Taylor Creek.
The parcel contains a large man-made waterbody which is connected by a man-made canal to
canals in the northern half of Bay Lakes. The water body currently has a surface water connection
to Taylor Creek. As required by NC DCM, the connection is maintained as two submerged 48%
culverts overlain by a rip rap, the top of which is approximately 2' below the normal water level. A
man-made canal also connects the waterbody to Chocowinity Bay. Where this man-made canal
ties into Chocowinity Bay, several man-made canals exist in fringing wetlands along the bay
(hereafter referred to as the existing "open water canals'). Each of the three open water canals are
shallow and are abutted by spoil islands created during their excavation. The spoil islands are
elevated 1' to 2' above the normal water level and are vegetated with a mix of Spartina
cynusoroides, Phragmites communis, and shrubs such as Morelia cerifera. An existing dirt road
runs from upland in the northeast corner of the parcel to Chocowinity Bay at the open water canals.
An existing boat ramp is present at the end of the road. The majority of the parcel is jurisdictional
wetland, including area along the existing dirt road. Wetlands along this dirt road appear to have
been historically filled, and although they still meet the US Army Corps of Engineers' jurisdictional
wetland criteria, they have been altered from their natural condition and have been maintained in a
mowed condition.
Wetland limits shown in this application were delineated by Land Management Group and field
approved by Ms. Tracey Wheeler, US Army Corps of Engineers, on January 25, 2008.
Chocowinity Bay in this location is classified by the Environmental Management Commission as
"SC Waters". Adjacent uses are largely residential.
Proposed Work:
The applicant proposes to improve the connection of existing waterbodies and canals to
Chocowinity Bay for the purpose of navigation. Navigable access to Chocowinity Bay would be
utilized by Bay Lake residents. An approximately 65'-wide navigation canal would extend from the
existing waterbody, through upland and formerly altered wetlands, to the existing open water cana
Warren Whichard, Bay Lakes, Chocowinity, NC

in Chocowinity Bay. Dredging within the currently proposed canal, the existing open water canal,
and Chocowinity Bay at the canal's mouth will be to a final depth of 4 NLW. In areas where the
proposed canal would disconnect portions of old upland canals or ditches, these areas would be
filled to prevent pockets of stagnant water. An existing open water canal located east of the one to
be maintained for navigation is proposed to be filled. The open water canal to be filled is very
shallow, is not needed for access, and would provide wetland restoration by re-establishing
adjacent coastal marsh grades. Bulkheading along the existing, middle upland peninsula is also
proposed. Specifically the requested.work will include:
1. Creation of the navigable canal through upland and previously altered wetland.
2. Filling upland canals/ditches.
3. Maintenance dredging and expansion of an existing open water canal.
4. Fill within an existing man-made, open water canals for wetland restoration.
5. Grading "upland islands' located within formerly altered wetlands for wetland restoration.
6. Bald cypress planting in remaining formerly altered wetlands for wetland enhancement.
7. Bulkheading along existing upland peninsula:
Construction Methods and Sequencing:
Proposed excavation will be preferably done with land -based excavators. Where dredging is
proposed in the existing open -water canals, an excavator will be situated on the adjacent spoil
island. If proposed open water dredging can not be completed from land, a barge -mounted
excavator will be used with material transported to the site via the existing ramp.
Stabilization of the proposed canal will side slopes stabilized by hog slats. A 15'-wide maintenance
corridor is shown on either side of the proposed canal for this purpose.
Spoil will be partially utilized to fill the canals as described above. A spoil disposal area is also
available on the northern -most lots, adjacent to Whichard's Beach Road, which is also owned by
Mr. Whichard.
Wetland Impacts:
The proposed canal needed for navigable access to Chocowinity Bay would impact jurisdictional
wetlands, however, these wetlands have been historically filled and altered. Placing the proposed
canal in an area already previously impacted represents a minimization of impact. Areas of the
formerly disturbed wetland area that will not be excavated will be graded or planted to provide
wetland restoration and enhancement. Filling the existing open water canal to match adjacent
coastal marsh grades would also serve as wetland restoration. The remaining majority of the
parcel is un-disturbed jurisdictional wetland in this parcel could be placed in conservation.
Proposed Wetland Restoration: 12,679 sq.ft.
Proposed Wetland Enhancement: 17,367 sq.ft.
Potential Wetland Preservation: approx. 115-acres
Submerged Aquatic Vegetation and Shellfish Resources:
Land Management Group conducted a submerged aquatic vegetation (SAV) and shellfish survey
within the proposed dredge area on October 14, 2008. Sample points within the existing open
water canal and within Chocowinity Bay were designated and GPS-located. At each sampling
Warren Whichard, Bay Lakes, Chocowinity, NC

point, an approximately 1-m2 area was raked for the presence of SAV individuals and rhizomes.
Air temperature was approximately 80°F, and water clarity was 2' as measured with a Secchi disk.
Water quality parameters were measure using a YSI Water Quality Meter, and water temperatures
averaged 23°C (or —73° F). Salinity averaged 9.5 ppt. Bottom sediments in the existing open water
canal were mucky silts with little structure. Sediments in Chocowinity Bay were sandy silts.
No SAV individuals or rhizomes were found in any of the sampling locations. What were presumed
to be dead. Rangia clams were found in some of the samples, however, no live clams were found.
Environmental Standards:
Land Management Group (LMG) sampled water quality parameters in the existing upland canals,
the waterbody on the subject parcel, and within Chocowinity Bay from June 2007 to August 2007,
Water quality parameters in these locations were also sampled during the October 2008 SAV
survey. At all sampling dates, dissolved oxygen (DO) in the existing canals and waterbodies was
equal to or better than that in Chocowinity Bay (Appendix). At all sampling dates, the average DO
exceeded the state minimum standard of 5 mg/L. LMG also performed the DO model provided in
NC DENR Report No. 90-01. Specific model variables are being provided in greater detail to
DWQ, but the model found that the DO water quality standard should be met across a wide range
of ambient conditions. These results appeared to confirm the actual Feld data collected by LMG.
The Bay Lake canals and waterbodies are already connected to the adjacent waterbodies by: (1)
the existing surface water connection to Taylor Creek described earlier (2) the northern most canal
is connected to Rodman Creek via a culvert under Whichard's Beach Road (3) existing canals that
connect with Cfiocowinity Bay and (4) lateral surface water flows from Chocowinity Bay which often
inundate low lying wetland areas within the proposed canal alignment. Given the existing
connections and the good water quality parameters, improving the connection with Chocowinity
Bay is not expected to have adverse impacts to water quality.
It is understood that the Division of Water Quality will apply the Tar -Pamlico riparian buffer
regulations to the existing canals if the proposed connection is made. Since no new impervious
cover is proposed and no new road crossings are required, no buffer authorization is expected to
be necessary. Wetlands to the west of the proposed canal would be planted with Bald cypress, or
similar woody species, as wetland enhancement but would also serve as buffer enhancement.
Other Permits:
No new impervious cover is proposed, and all work would involve excavation and fill. Since no
new impervious cover is proposed, a stormwater exemption is requested.
A sedimentation and erosion control permit will be submitted to the NC Division of Land Quality as
required and prior to construction.
Warren Whichard, Bay Lakes, Chocowinity, NC

�ttw
DIVISION OF COASTAL MANAGEMENT Ali
APPLICATION TRANSMITTAL AND PROCESSING RECO
1 APPLICANT: Warren iC — a a es County: Beaufort
> ty� Morehead City DCM
LOCATION OF PROJECT: Off SR1166 (Whichard's Beach Rd.) at the souther end of Bay Lakes Road,
adjacent to a man-made canal that connects to Chocowinity Bay, ner the Town of Chocowinity, in Beaufort
County North Carolina.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 19 June 2009
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Mike Thomas DISTRICT OFFICE: Washington
v-
�
DISTRICT MANAGER REVIEW: /• eg"_
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $ 475.00 (60/40)
PUBLIC NOTICE RECD: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES RECD: DEED RECD: v
APPLICATION ASSIO T ON:
C) 75 DAY DEADLINE:I/ DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
y1 I H
Division of Community Assistance
1-g'I' e,5
V
Land Quality Section
1. 30-o1
•/
5 r
Division of Water Quality
.-I I `I
0`1 � 15 9 v z
Storm Water Management (DWQ)
State Property Office
• i l - o t
Division of Archives & History
Division of Environmental Health
Division of Highways
1 1�• �9
Wildlife Resources Commission
I 6 't
✓
Local Permit Office
Division of Marine Fisheries
11y 14
Corps of Engineers
Pw+ 1, 1b-o5

J"'vN ==A==*A
NCDENR Pg!!IVED
4 M
S� orth Carolina Department of Environment and Natural Resources
Division of Coastal Management MoreheaQ DCM
Beverly Eaves P ue James it Gregson
Governor Director n
eemw
MEMORANDUM Inl JUL C 1 'C_J II
TO: Ms. Patti Fowler Shellfish Sa^ :a::^ ° A:`eational
NCDENR Water C.i;.:,
Division of Environmental Health
FROM: Doug Huggett Respond to Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division Morehead City Office
400 Commerce Avenue
Morehead City NC 28557
DATE: 6 July 2009
SUBJECT: CAMA Application Review
APPLICANT: Warren %ichard — Bay Lakes
PROJECT LOCATION: Off SR1166 (Whichard's Beach Rd.) at the Southern end of Bay Lakes
Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 July
2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed
project. 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 proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed uIl_ �r P-W r>� Date '7110109
943 Washington Square Mall, Washington, NC 27889 One
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net NorthCarolina
An Equal Oppodunity 1 Alfinabw Action Employer Aatura!!U

WA
4a.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of CoastalManagement
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: Mr. Lee Padrick
Division of Community Assistance
FROM: Doug Huggett Respond to Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division Morehead City Office
400 Commerce Avenue
Morehead City NC 28557
DATE: 6 July 2009
SUBJECT: CAMA Application Review JUL 2 12009
APPLICANT: Warren Whichard — Bay Lakes
Morehead City DCM
PROJECT LOCATION: Off SR1166 (Whichard's Beach Rd.) at the Southern end of Bay Lakes
Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 July
2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed
project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
his office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed �t, � ��d Date 7 / ^)—c�
943 Washington Square Mall, Washington, NC 27889 One
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net NorthC ja�rolliina
An Equal Opportunity 1 ARrmative Action Employer Nah Q"y

Beverly Eaves Perdue
Governor
TO:
FROM:
�ICYDETIR
North Carolina Department of Environment and
Division of Coastal Management
James H. Gregson
Director
Ms. June W. Machaux
Director
State Property Office
Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 6 July 2009
SUBJECT: CAMA Application Review
APPLICANT: Warren Whichard — Bay Lakes
Natural Resources
O�'1/ 1234
g' � 49
v
`� 1
e �q�,,Ap� c'stoo
n..
Respond to Doug Huggett
Morehead City Office
Dee Freeman
Secretary
� a��D
JUL 17 Zoos
Morehead City DCM
PROJECT LOCATION: Off SR1166 (Whichard's Beach Rd.) at the Southern end of Bay Lakes
Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 July
2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed
project. 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 proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signe� + Date
943 Washington Square Mall, Washington, NC 27889 NO a CBIOIlI1$
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Afirmafive Action Empbyer Wura!lbr

Ag��
NCDEE R
North Carolina Department of Environment and
n of Coastal Management
Beverly Eaves Pe al James H. Gregson
Governor � Director
JUL 1 6 Z009
MEMORANDUM
Morehead City DCM
TO: Mr. Ken D. Pace
NCDOT Roadside
FROM: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 6 July 2009
SUBJECT: CAMA Application Review
Natural Resources
ROADSIDE ENVIRONMENTAL UNIT
Unit Neal ___-�n�� Freeman
En & Veg Mgt, s __
EC & Veg. Mgt. Secretary
Field Oper. Fno. --
JUL 0 S 2009
Design _..
S & VJ Eng_inee__x_iii.
Rest Aroa
Respond to Doug Huggett
Morehead City Office
APPLICANT: Warren Whichard — Bay Lakes oyvtStAr .
;3 c
PROJECT LOCATION: Off SRI 166 (Whichard's Beach Rd.) at the Sout{k' end of Bay Lakes
Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 July
2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed
project. 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 proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments. �]
Signe Date / 1
943 Washington Square Mall, Washington, NC 27889 One
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net Nortl7Carolina.
An Equal Opportunity 1 Affirmative Action Employer (Vaturally

Beverly Eaves Perdue
Governor
MEMORANDUM:
To:
From:
Subject:
Applicant:
RSVER
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Terry L. Pierce Dee Freeman
Director Secretary
July 13, 2009 PI
!IVED
Doug Huggett 6 2009
Major Permits Processing Coordinator
Joey White,�E�n�vyiro�nmental Specialist, PWSS/WaRO
qpztc, wax..,-
CAMA Application Review
Warren Whichard — Bay Lakes
Morehead City DCM
Project Location: Off SR1166 (Whichard's Beach Rd.) at the Southern end of Bay Lakes Road,
adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County, North Carolina.
Proposed Project: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
REPLY: X 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.
Comments:
• Contractors should be aware of existing utilities during ingress & egress of the site to avoid damage with
heavy equipment and materials delivery. Please contact the Beaufort County Water Department to
confirm the location of utilities in the area.
Public Water Supply Section — Jessica G. Miles, Chief
Washington Regional Office One
943 Washington Square Mall, Washington, North Carolina 27889 NiifthCarofina
Phone: [phone] FAX: [phone] Internet: nccIrinkinotwater.state.nc.us atura!!l�
An Equal Opponunity 1 Affirmative Action Employer

A
NCNR 2009
North Carolina Department of Environment and Natural Resotgsew�nart*'
Division of Coastal Management
Beverly Eaves Perdue James R Gregson Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: Ms. Renee Gledhill -Early �� d1 t
NC Department of Cultural Reso ED
Archives & History Building v
FROM: Doug Huggett JULRespond to Doug Huggett
Major Permits Processing Coo for
Coastal Management Division orehe d City" City Office
400 Commerce Avenue '/
Morehead City NC 28557 -A l" 7/�3/� 9
DATE: 6 July 2009
SUBJECT: CAMA Application Review ZZl61
APPLICANT: Warren Whichard — Bay Lakes
PROJECT LOCATION: Off SR1166 (Whichard's Beach Rd.) at the Southern end of Bay Lakes
Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of / f
Chocowinity, in Beaufort County, North Carolina Iv,
�� 09
PROPOSED PROJECT: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 July
2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed
project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
v
1 This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed Date a 3 It
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-Ml k FAX: [phone] Internet: www.necoastaimanagement.net
An Equal Opportunity 1 Affiimafive Action Employer
NorthCarolina
Naturally

4
HCDEENR
North Carolina Department of Environment and D r Resources
Division of Coastal Management �(
Beverly Eaves Perdue James H. Gregson u tereeman
Governor Director ecretary
JUL 3 U 2009
MEMORANDUM Mom
TO: Mr. Pat McClain
Division of Land Quality
FROM: Doug Huggett Respond to Doug Huggett
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 6 July 2009
SUBJECT: CAMA Application Review
APPLICANT: Warren Whichard — Bay Lakes
PROJECT LOCATION: Off SRI 166 (Whichard's Beach Rd.) at the Southern end of Bay Lakes
Road, adjacent to a man-made canal that connects to Chocowinity Bay, near the Town of
Chocowinity, in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, Beaufort County, North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 July
2009. Please contact Mike Thomas at 252-948-3950, if you have any questions regarding the proposed
project. 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 proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
Signed comments.
Date -7I d 1�i%o0`J
X411a,14, / w1 L ` "ve"V %a O•g 7AinJ ") 6Jt d- Sd/✓/. eri>.s>i,, �
LoY✓1il n L 444 /— �/srS ^Vkre-7
943 Washington Square Mall, Washington, NC 27889 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.nel No�rth/1'C/arolina
/a
An Equal Opportunity l Affirmative Action Employer Naturally

NCDENR oa9
North Carolina Department of Environment and Natural Resources
Division of Water Quality ; city DC4
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman ,vl
Governor Director Secretary
August 7, 2009
DWQ Project # 09-0757
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert.#7007 3020 0001 8861 4522
Bay Lakes
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar -Pamlico River
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Whichard:
On July 7, 2009, the Division of Water Quality (DWQ) received your CAMA Major
application dated May 7, 2009, to impact 1.3 acres of wetlands and 0.5 acres of open
waters to construct the purposed canal to connect Bay Lakes with Taylor Creek. The
DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below: The DWQ will require additional information in order
to process your application to impact protected wetland, streams and/or buffers on the
subject property. Therefore, unless we receive the additional information requested
below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and 2B .0233(8) and will place this project on hold as incomplete until
we receive this additional information. Please provide the following information so that
we may continue to review your project. Please also note that this project was discussed
in a scoping meeting held in the Washington Regional Office on May 24, 2007 and the
following required items were discussed.
Additional Information Requested:
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunilylABnmatwe Action Employer— 50%Recycled110%Post Consumer Paper
One
NorthCarohna
Naturally

1. A three dimensional flushing model and Dissolved Oxygen (DO) model is
required.
2. A notarized letter from every property, who's property joins Bay Lake, agreeing
to having the Tar -Pamlico buffers placed on their property and a buffer restoration
plan for properties sold after January 1, 2000.
3. A buffer restoration plan is required to restore Zone I of Tar -Pamlico Riparian
Buffer along the proposed canal, unsold lots, and along waterways within Bay
Lake where Zone I of the buffer had been removed.
4. Avoidance and minimization of wetland impacts must be demonstrated in the
purposed plan.
Please respond in writing to the DWQ within four weeks of the date of this letter to with
the requested information. If we do not hear from you within four weeks, we will assume
that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within
your application are not authorized (at this time) by the DWQ. Please call Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the
DWQ Central Office at 919-733-1786 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
cc: Laura Stasavich, Land Mgt. Group Inc.
401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Hugget/Morehead
incerely�
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename:: 09-0757

Warren Whichard — Bay Lakes
Beaufort County
Project Setting
The project area is located off SR1166 (Whichard's Beach Rd.) near the Town of Chocowinity, in
Beaufort County North Carolina. Bay Lakes is a t20 acre fresh brackish water lake with all 500'
long by t40' wide dead end canal that extends from the northern corner. The dead end canal has
three x1,000' long by 150' wide lateral canals extending to the east that serve to expand the
waterfront development potential of the property. The area surrounding Bay Lakes has been
subdivided into t100 lots of which approximately twenty percent have been built upon. The lake has
no navigable connection at this time, however marry of those built upon properties do have existing
waterfront amenities such as piers/docks, bulkheads, boat slips and boat ramps that have not been
subject to the permit requirements of the North Carolina Division of Coastal Management.
The northern most lateral canal off of the main canal connects to what was an existing farm pond
that is now connected tinder Whichard's Beach Rd. (SRI166) to the head of Rodman Creek, a
tributary of the Pamlico River. One other non -navigable connection exists between Bay Lakes and
Taylor's Creek. This connection is located along the western shoreline of the lake and is the result of
previous storms.
Bay lakes and the connecting canal system are the result of an earlier sand mining operation owned
by the applicant, Warren Wh ichard. 'the mining operation was permitted by the North Carolina
Division of Land Resources (Permit #0715),
The current project proposal is to connect Bay Lakes and the canal system to Chocowinity Bay off of
the Pamlico River. The proposed connection will extend from the south side of Bay Lakes to the
open W aters of Chocowinity Bay. The t2,000' long area between Bay Lakes and Chocowinity Bay
has been subject to several previous impacts. Existing impacts within the proposed alignment of the
canal/charrnel connection include two separate dead end canals off Chocowinity Bay, a fresh water
pond, and resultant spoil material. Regardless of previous impacts a significant portion of the
proposed access continues to be 404 wetlands as delineated bythe US Army Corps of Engineers, that
transition to Coastal Wetlands. Coastal Wetlands in this portion of Chocowinity Bay consist of a
homogeneous stand of Spartina cynusoroides, Other vegetation on the project site includes mixed
hardwood species and pines along the western border of the lake.
The Inland waters of Chocowinity Bay and Taylor's Creek are classified SC -nutrient sensitive
waters by the North Carolina Environmental Management Commission and are closed to
shellfishing.'1'he coastal waters of Rodman Creek are classified as SC -nutrient sensitive waters by
the North Carolina Environmental Management Commission. L.utd Management Group, Inc.
sampled for submerged aquatic vegetation (SAV) at several stations throughout the project site and
Cltocowinity Bay and found none present. In addition no SAV was observed by ACM staff during
site visits on 23 May 2007, 10 February 2009 and 26 June 2009. LMG also collected water quality
data in and around the project site and in Chocowinity Bay. A table with the parameters measured
and results is included in the application package.
The granting of a permit for the proposed project will result in regulatory changes for the property
owners of Bay T.,akes. Property owners will be subject to the permit requirements of the North
Carolina Division of Coastal Management as well as the Riparian Buffer Rules administered by the
2/2'd 0££SLb22S2T6:01 eLb08b62S2 1NW@W lti1SdOD nIG ON:woJd bS:21 6002-02-9nu

North Carolina Division of Water Quality. land Management Croup, Inc. drafted a lutter reviewed
by both of the preceding agencies, informing property owners adjacent to Bay Lakes of these
potential changes. The letters were sent certified mail and the responses will be collected and added
to the permit application as they are received.
Project description
The applicant is proposing to connectBay Lakes and the connected canal system to the open waters
of Chocowinity Bay by excavating a f67 feet long by ±57 feet wide by -4 feet deep (t3,752 ft')
access channel in Chocowinity Bay to an existing dead end canal. The access channel will originate
at the -3.5' contour at ±67' offshore. The proposed access canal will extend through an area of
previously impacted wetlands and lush ground making the connection to Bay Lakes near the
southwest comer of the existing lake. The applicant is proposing to enlarge the existing t400 feet
long by t50 IeeL wide (;M,000 (12) dead end canal within the alignment of the new access channel.
to increase the water depth from -2.6 feet down to -4.0 feet belowNWL. The proposed maintenance
excavation will be conducted by walking the excavator onto the existing relic. spoil berms and
digging back landward. Thesc existing relic spoil berths will be removed along each side to increase
the width of the canal. The portion of the proposed canal to be dug through the impacted wetland and
high ground area will be +1,075 feet long by +65 feet wide (f69,875 ft2) and dug to a depth of -4.0
feet below the normal water level to match the connecting water depth of Chocowinity Bay_ The
applicant is proposing to use land based excavation equipment to construct the proposed canal. As
proposed the side slopes of the canal will be constructed at a ratio of 3:1 and stabilized with tl0 feet
long by t4 feet wide pre -fabricated concrete hog slats along the uplands and 404 wetlands. The
applicant intends to leave a f15 foot wide maintenance corridor along each side of the canal.
Several sections of the existing canal system to the north of the lake have been stabilized with vinyl
bulkhead. The applicant is proposing to stabilize the remaining t4,695 feet of canal with vinyl
bulkhead aligned at the normal water level.
Anticipated impacts
The construction of the proposed canal from the Bay Lakes to Chocowinity Bay will result in the
excavation of t58,825 ft (4,714 yd') of previously impacted wetlands and;11,050 it' (+1,637 yd')
of uplands. Construction of' the access channel and maintenance of the existing canal will result in
the excavation of*3,752 ft2 (:h139 yd') of Bay bottom and+20,000 ft' (f 1,709 yd') of canal bottom.
Stabilization of the proposed canal will result in the filling t5,172 ft2 of 404 wetlands. The
construction of bulkhead in the existing canal will result in the filling of 3:4,695 ft' of canal bottom.
within Bay Lakes. The project as proposed will result in localized turbidity as a result of construction
activities.
The applicant has offered simultaneous restorative/mitigative measures which include filling two
dead end canals to return the elevation to that of the existing Coastal Wetlands to re-establish
Spartina cynusoroides from the adjoining marsh. In both cases the canals are adjacent to Coastal
wetlands. As a result of this proposal, t12,679 ft2 of Coastal Wetlands will be restored and -L17,367
ft'of 404 wetlands will be enhanced.
Mike S. Thomas
I .July 2009
£i£'d 0£££Lb22S2T6:O1 wtost,62S2 1NW9W Itd1S000 MG ON:wcJA bS:£S 6002-02-@nb

NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of
Environmental Concern as designated under the Coastal Area Management Act (LAMA) was
received on 19 June 2009. According to the said application, submitted by Land Management
Group Inc., the applicant proposes to construct a canal to connect a man-made lake and
Chocowinity Bay near the Town of Chocowinity, in Beaufort County, North Carolina.
A copy of the entire application maybe examined or copied at the office of Terry Moore,
District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC,
during normal business hours. Public comments received by 29 July 2009 will be considered.
Later comments will be accepted and considered up to the time of permit decision. Project
modifications may occur based on further review and comments. Notice of the permit decision in
this matter will be provided upon written request.
Mike Thomas, Field Representative
Coastal Management Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
[phone]
Please publish on: 9 duly 2009
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] k FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 ARnnafive Action Employer
No thCarohna
Natmral`df

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
_ Washington Regulatory Field Office ,
Post Office Box 1000In�
IN REPLY REFER TO
Washington, North Carolina 27889-1000 ts� \4 A 4i U- s tjd
AUG 2 4 2009
August 20, 2009 Morehead City DCIM
Regulatory Division
Action ID No. SAW-2009-01567
Mr. Warren Whichard
511 Whichards Beach Road
Chocowinity, North Carolina
27817
Dear Mr. Whichard:
A review of your application received july 17, 2009, for Department of the Army (DA)
authorization to excavate 1.3 acres of wetlands and 0.54 acres of shallow water to construct an
access channel and to place fill in an existing canal through uplands, indicates it to be a candidate
for Federal authorization pursuant to the CAMA-Corps Programmatic Permit process for
construction activities that receive authorization from the State of North Carolina. Accordingly,
the administrative processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be furnished to
the State.
If your application must be withdrawn from this permit process for any reason, you will be
informed regarding its further management. If there are no unresolved differences in State -
Federal positions or policies, the final action taken on your application by the State will result in
your receiving written notice from us that your application is consistent with the Federal permit
and you may commence your activity. Only after receiving such confirmation should you begin
work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed
a memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practical alternative; second, taking appropriate and practical steps to minimize
impacts on waters and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional information:

a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practical steps to minimize
wetland losses. Please indicate all that you have done, especially regarding development and
modification of plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or
wetlands or provide information as to the absence of any such appropriate and practical
measures.
This information is essential to our expeditious processing of your application and it should
be forwarded to us by September 24, 2009. Also, a copy of this information must be sent to the
North Carolina Division of Environmental Management to enable them to adequately evaluate
your application for a Water Quality Certification pursuant to Section 401 of the Clean Water
Act.
Your application, pursuant to Section 404 of the Clean Water Act, has been assigned
Action ID No. SAW-2009-01567 and will be coordinated by Ms. Tracey Wheeler in our
Washington Regulatory Field Office. Ms. Wheeler is available at telephone [phone].
Sincerely,
Tracey Wheeler
Regulatory Project Manager

�F-A
NCDENR�;a
North Carolina Department of Environment and Natural Res
Division of Water Quality AUG 1 9 2009
Beverly Eaves Perdue
Governor
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Coleen H. Sullins
Director
July 31, 2009
Subject: Exemption
Stormwater Review SW7090704
Bay Lakeg dredge & fill Project
Beaufort County
Dear Mr. Whichard:
Dee Freeman
ONCE#� n
AUG zf
1 1 ,009
Morehead Cary I)CM
The Washington Regional Office received a copy of your CAMA permit application for the
proposed Bay Lakes dredge and fill project located on Bay Lake Drive in Beaufort County
on July 6, 2009. Staff has determined that the project, as proposed, consists of activities that
will not pose new 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
21-1.1000. For this reason, we are informing you by way of this letter that your project will
not require a stormwater management permit.
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 Quality, the Division of Land
Resources, Division of Coastal Management or any other Federal, State or Local
Government. In addition, any future modifications to the project will require additional
review from this office to assure that stormwater impacts are not an issue.
North Carolina Division of Water Quality Internet: www.ncwatercuality.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50%Recycled110% Post Consumer Paper
NorthCarolina
Naturally
IV

Page 2
July 31, 2009
If you have any questions or need additional information concerning this matter, please
contact me or Roger Thorpe at [phone].
incer ly
AI odge, io upervisor
Surface Water Protection Section
Washington Regional Office
cc: /Doug Huggett, DCM
Land Management Group, Inc.
Washington Regional Office
Central Files

NCDENR SE Zoos
North Carolina Department of Environment and Natttral Resources
Division of water quality Morehead City DCA4
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
August 24, 2009
DWQ Project # 09-0757
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7007 3020 0001 8861 4539
Bay Lakes
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar -Pamlico River
AMENDMENT TO REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Whichard:
A request for additional information was issued from this Office on August 7, 2009, for
the subject property. This letter is an amendment to the first request for additional
information with changes in requested information to items #2 and 3 as noted below. On
July 7, 2009, the Division of Water Quality (DWQ) received your CAMA Major
application dated May 7, 2009, to impact 1.3 acres of wetlands and 0.5 acres of open
waters to construct the purposed canal to connect Bay Lakes with Taylor Creek. The
DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order
to process your application to impact protected wetland, streams and/or buffers on the
subject property. Therefore, unless we receive the additional information requested
below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and 2B .0233(8) and will place this project on hold as incomplete until
we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
North Carolina Division of Water Quality Internet: www.ncwatercivaliry.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffrmative Action Employer -50%Recycled/10% Post Consumer Paper Aaturally

1. A three dimensional flushing model and Dissolved Oxygen (DO) model is
required.
2. A notarized letter from every property, whose property joins Bay Lake, agreeing
to have the Tar -Pamlico buffers placed on their property.
3. It will be necessary that deed notifications be placed on all unsold lots notifying
owners of the Tar -Pamlico Riparian Buffers on the property. This Office should
be supplied with a copy of language used in the deed notification.
4. Avoidance and minimization of wetland impacts must be demonstrated in the
purposed plan for the connective canal construction.
Please respond in writing to the DWQ within four weeks of the date of this letter to with
the requested information. If we do not hear from you within four weeks, we will assume
that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within
your application are not authorized (at this time) by the DWQ. Please call Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the
DWQ Central Office at 919-733-1786 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
cc: Laura Stasavich, Land Mgt. Group Inc.
401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
CAMA: Doug Hugget /Morehead
CAMA: Mike Thomas/WaRO
File Copy
Sincerely,
Roberto L. Scheller
Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename:: 09-0757

WA
'IM
MUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
January 28, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7009 2250 0000 9252 1015
Dee Freeman
DWQ Project # 09-0757
Beaufort County
Bay Lakes aECelvE©
Mr. Warren Whichard FES 9
511 Bay Lake Drive "'or ?�j0
Chocowinity, NC 27817 ehegac�ry ocM
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar -Pamlico River
RETURN OF APPLICATION
Dear Mr. Wichard:
On July 7, 2009, the Division of Water Quality (DWQ) received your CAMA Major
application dated May 7, 2009 to impact 1.3 acres of wetlands and 0.5 acres of open
waters to construct a canal to connect Bay Lakes with Taylor Creek. A scoping meeting
was held in this Office on May 23, 2007 in regards to obtaining a 404 Nation Wide
Permit from the Army Corp of Engineers (ACE) and a 401 General Certification from
DWQ to connect Bay Lake with Taylor Creek. This Office commented that due to the
excess water depths in Bay Lake and long canal system, with 90 degree turns, that it was
not likely that the subject water body would flush or meet Water Quality Dissolved
Oxygen (DO) standards. It was also noted that a documented fish kill had occurred
within Bay Lake on January 24, 2002, (kill # WA02001) low DO and high salinity were
reported at end of canals. Your CAMA Major application was received in this Office on
July 7, 2009 for review. The application was placed on Hold for additional information
on August 24, 2009. The items of additional information were (L) A three dimensional
flushing model and Dissolved Oxygen model. (2.) Notarized letter from property owners
agreeing to have buffers placed on their properties. (3.) Deed notification placed on all
unsold lots. (4.) Avoidance and minimization of wetland impacts from canal construction
to Taylor Creek. An e-mail was received by this Office on August 28, 2009 from
North Carolina Division of Water Quality Intemet: www.ncwateraualitv.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NarthCarofina
An Equal Opportunity/Affimtalive Action Employer— 50% Recyd"10% Post Consumer Paper NQ`}u{Q{{Y

Ms. Laura Stasavich with Land Management Group. The e-mail stated that letters from
property owners would be forwarded to this Office and requested additional time to
collect data. Land Management Group requested a meeting with this Office on October
22, 2009 at which time Ms. Stasavich presented notarized letters from most of the
property owners and requested that this Office review sample data, collected from sample
sites approved by this Office, to show hydraulic connectivity between Bay Lake, Taylor
Creek, and Pamlico River. The data submitted to this Office was collected at sampling
points that were approved for data collection for a three dimensional flushing model.
Data submitted to this Office was thoroughly reviewed and it was determined that the
data sets did not adequately demonstrate the ability of the subject basin to flush. A
second request for additional information was sent on November 25, 2009. The letter
noted discrepancies in data sets submitted and data could not be substituted in place of a
three dimensional flushing model. A written response was requested within 30 days of
the date of the letter. As of the date of this letter 65 days have passed and this Office has
not received a response to the second request for additional information; therefore, we
are returning your application. If you want to carry out this proposed impact, you will
need to reapply and pay the 401 Certification fee again.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within
your application are not authorized (at this time) by the DWQ. Please call Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the
DWQ Central Office at 919-733-1786 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
co: 401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
L d Management/WaRO
AMA: Doug Hugget/Morehead
CAMA: Mike Thomas/WaRO
File Copy
S' cerelyA
,
L-- Ip�C�T^—�'
Coleen H. Sullins
Filename: 09-0757

4. Data set 8/17/2009 data was omitted for sites WQ-1, WQ-2, and WQ-12. Station
WQ-8 was omitted from sampling stations. It was also noted that sampling reported
within water column is not consistent among data sets.
5. Sampling and water height measurements should be correlated with USGS station
#0208450705 Pamlico River Channel Light # 16.
Sampling points were approved for data collection to be use in a three dimensional
flushing model. Data submitted to this Office was thoroughly reviewed and it has been
determined that the data sets do not adequately demonstrate the ability of the subject
basin to flush. It is therefore necessary that this Office be provided with the requested
three dimensional flushing and dissolved models. This information is required in order to
process your application to impact protected wetland, streams and/or buffers on the
subject property. Therefore, unless we receive the additional information requested
below, we will have to move toward denial of your application as required by 15A
NCAC 21-1.0506 and 2B .0233(8) and place this project on hold as incomplete until we
receive this additional information.
Please respond in writing to the DWQ within 30 days of the date of this letter with the
requested information. If we do not hear from you within 30 days, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within
your application are not authorized (at this time) by the DWQ. Please call Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the
DWQ Central Office at 919-733-1786 if you have any questions regarding this matter.
Sincerely,
Roberto L. Scheller
Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: Laura Stasavich, Land Mgt. Group Inc.
4010versight/Express Permitting Unit
U>ACE Washington Regulatory Field Office
AMA: Doug Hugget /Morehead
CAMA: Mike Thomas/WaRO
File Copy

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Natural Resour1��
DECBeverly Eaves Perdue Coleen H. Sullins Dee Freema1 4 100�
Governor Director ftAkgk.
Cill�/ Dori
November 25, 2009
DWQ Project # 09-0757
Beaufort County
MAIL: RETURN RECEIPT REQUESTED
Cert.#7009 0080 0000 5655 1620
Bay Lakes
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar -Pamlico River
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Whichard:
On July 7, 2009, the Division of Water Quality (DWQ) received your CAMA Major
application dated May 7, 2009, to impact 1.3 acres of wetlands and 0.5 acres of open
waters to construct the purposed canal to connect Bay Lakes with Taylor Creek. A
request for additional information was issued from this Office on August 7, 2009, for the
subject property with an amendment letter to the first request issued on August 24, 2009.
In response to that letter a meeting with this Office was requested and held on October
22, 2009 to present data requested. The sampling data submitted to this Office was
reviewed with the following discrepancies noted.
1. Data set for 8/27/2007 discrepancy noted in sample site WQ-4 water depths recorded.
2. Data set for 8/10/2008 data was omitted for sample sites WQ-1, WQ-2, and WQ-12.
3. Data set for 7/31/2009 data was omitted for sample sites WQ-1, WQ-2, WQ-3, WQ-
4, WQ-5, WQ-13, and WQ-14.
North Carolina Division of Water Quality Internet: www.ncwatorouality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Acton Employer - 50% Recyded/10% Post Consumer Paper
Naurally
eCarolina

Huggett, Doug
From: Dunn, Maria T
Sent: Monday, January 06, 2014 9:47 AM
To: Huggett, Doug
Subject: Bay Lakes, Beaufort County
Doug,
I have reviewed the modified permit application for Mr. Whichard with Bay Lakes in Beaufort County regarding the
connection of Bay Lakes near Fork Point to the waters of Chocowinity Bay. This project has been ongoing since 2009 and
has had several meetings and discussions among the applicant and state agencies. The package with the modification
proposal included a letter from the Division of Water Resources stating the project as currently proposed would not
impose significant water quality degradation to the waters of Chocowinity Bay. This has addressed the main concern
expressed by the NCWRC during project discussions. In addition to minimizing concerns with water quality, it should be
noted that there is substantial reduction in Section 404 and coastal wetland impacts from the original application. Open
water areas will be converted into coastal wetlands providing important habitat opportunities to several wildlife species
as well as additional water quality benefits.
If there are any further comments or questions regarding our position with this permit modification, please do not
hesitate to call.
Thank you,
Maria
Maria T. Dunn
Habitat Conservation Program
North Carolina Wildlife Resources Commission
943 Washington Square Mall, Washington, NC 27889
[phone] / www.ncwildlife.org
Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox
from the N.C. Wildlife Resources Commission
Email correspondence to and from this sender is subject to the N.C. public Records Law and may be disclosed to third parties.

Howell, Jonathan
From: Hart, Kevin
Sent: Tuesday, January 14, 2014 11:27 AM
To: Howell, Jonathan
Cc: Moye, David
Subject: Warren Whichard Project
Jonathan,
I have no comment on the Warren Whichard project.
Kevin
Kevin Hart
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3950
PLEASE NOTE NEW PHONE NUMBER.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.

I4CDEEIR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 7, 2014
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
DWQ Project # 09-0757 Ver. 2
Beaufort County
Subject Property: 511 Bay Lake Drive, Bay Lakes Subdivision
Tar -Pamlico River Basin, Chocowinity Bay [TAR 07, 29-641); NSW, SC]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Whichard:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.44
acres of 404 wetlands and 0.15 acres of coastal wetlands, by excavation, for the widening of a man made
canal from 30 feet to 60 feet with an increased depth from 3 feet to 4 feet. It is proposed to restore on -site
approximately 10,000 square feet of coastal wetlands and 8,250 square feet of 404 wetlands by the use of
fill. It is also proposed to install 787 linear feet of hog slat shoreline stabilization on the entrance canal.
The proposed canal widening project will connect Bay Lake to Taylor Creek and Chocowinity Bay for
boat passage as described within your CAMA Major Modification application dated December 23, 2013
and received by the N.C. Division of Water Resources (DWR) on December 23, 2013. The impacts
described in your application are covered by General Water Quality Certification Number(s) 3900
(GC3900). This Certification(s) is issued in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE), This Certification allows
you to use the CAMA Major Permit when the Division of Coastal Management issues it. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -
discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of the permit. If you
change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the future)
water Quality Regional operations Section Intemet www.rimatemualitv.ora
943 Washington Square Mall Phone: 252-946-WI
Washington,NC27889 FAX [phone]
An Equal OppottunitylAlfirmatNe Action Employer —50%Regded110% Post consumer Paper

Bay Lakes Subdivision
January 7, 2014
Page 2 of 3
exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
described_ in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved
including incidental impacts:
Amount Approved nits
Plan Location or Reference
Stream
feet
404/CAMA Wetlands
0.59 acres Excavation
Plan Sheets 1 2 and 3
Waters
0.42 acres) Fill
"
Buffers
(square ft.
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
4. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non -erosive velocities through the protected stream buffers such that it will not re -concentrate before
discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen(and phosphorus
if in the Tar -Pamlico River Basin). This may require additional approval from this Office.
5. Buffers
Upon completion of connection of Bay Lake to Chocowinity Bay and Taylor Creek, for boat passage,
water front property within Bay Lakes Subdivision will become subject to the Tar -Pamlico Riparian
Buffers in accordance with 15A NCAC 02B .0259, (3), (a), (i).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

Bay Lakes Subdivision
January 7, 2014
Page 3 of 3
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act and the Tar -Pamlico riparian bufferprotection rule as described within ISA NCAC 2B .0259.
If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-
948-3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting
(Webscape) Unit at 919-807-6364.
Sincerely, n
For Thomas A. Reeder
Enclosures: Certificate of Completion
GC 3900
cc: Hood Richardson, P.E.,110 West 2,d Street, Washington, NC 27889
Tracey Wheeler, Corps of Engineers, Washington Field Office
DWR Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Kelly Spivey, WaRO
DEMLR, WaRO
File copy

Howell, Jonathan
From: Meehan, Maureen
Sent: Wednesday, January 22, 2014 3:42 PM
To: Howell, Jonathan
Subject: CAMA Application Modification
Jonathan,
After review of the proposed changes to the WhichardBay Lakes Estates Major Permit, I find that there are no conflicts
with the LUP
Please let me know if you need any more information.
-MO
Maureen Meehan, Morehead City District Planner
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[phone] x205
www.nccoastalmanagement.net
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Huggett, Doug
From:
Hart, Kevin
Sent:
Thursday, January 09, 2014 9:11 AM
To:
Huggett, Doug
Subject:
Permit Comments
Attachments:
D00010914.pdf
Doug,
See attached for permit cover sheets. One project has recommended changes. I also have no comment on the Whichard
modification.
Kevin
Kevin Hart
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3950
PLEASE NOTE NEW PHONE NUMBER.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.

NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A, Reeder
Governor Director
January 7, 2014
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
John E. Skvarla, III
DWQ Project # 09-0757 Ver, 2
Beaufort County
Subject Property: 511 Bay Lake Drive, Bay Lakes Subdivision
Tar -Pamlico River Basin, Chocowinity Bay [TAR 07, 29-6-(1); NSW, SC)
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Whichard:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.44
acres of 404 wetlands and 0.15 acres of coastal wetlands, by excavation, for the widening of a man made
canal from 30 feet to 60 feet with an increased depth from 3 feet to 4 feet. It is proposed to restore on -site
approximately 10,000 square feet of coastal wetlands and 8,250 square feet of 404 wetlands by the use of
fill. It is also proposed to install 787 linear feet of hog slat shoreline stabilization on the entrance canal.
The proposed canal widening project will connect Bay Lake to Taylor Creek and Chocowinity Bay for
boat passage as described within your CAMA Major Modification application dated December 23, 2013
and received by the N.C. Division of Water Resources (DWR) on December 23, 2013. The impacts
described in your application are covered by General Water Quality Certification Number(s) 3900
(GC3900), This Certification(s) is issued in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows
you to use the CAMA. Major Permit when the Division of Coastal Management issues it. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion' and Sediment Control, Non -
discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of the permit. If you
change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the future)
Water Quality Regional Operations Section Internet www.namterqualitv.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpporlunitylAlfirmalive Actlon Employer-58%Recydg(111e% Post Consumer Papar

Bay Lakes Subdivision
January 7, 2014
Page 2 of 3
exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other Impacts are approved
including incidental impacts:
Amount Approved nits
Plan Location or Reference
Stream
feet
404/CAMA Wetlands
0.59 acres Excavation
Plan Sheets 1 2 and 3
Waters
0.42 (acres) Fill
"
Buffers
(square ft.
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
4. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non -erosive velocities through the protected stream buffers such that it will not re -concentrate before
discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen(and phosphorus
if in the Tar -Pamlico River Basin). This may require additional approval from this Office.
5. Buffers
Upon completion of connection of Bay Lake to Chocowinity Bay and Taylor Creek, for boat passage,
water front property within Bay Lakes Subdivision will become subject to the Tar -Pamlico Riparian
Buffers in accordance with 15A NCAC 02D .0259, (3), (a), (i).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

Bay Lakes Subdivision
January 7, 2014
Page 3 of 3
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter I SOB of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714, This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act and the Tar -Pamlico riparian bufferprotection rule as described within 15A NCAC 2B .0259.
If you have any questions, please telephone Roberto Seheller of the Washington Regional Office at 252-
948-3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting
(Websoape) Unit at 919-807-6364.
Sincerely, n
Oa�1,1
For Thomas A. Reeder
Enclosures: Certificate of Completion
GC 3900
cc: Hood Richardson, P.E., 110 West 24d Street, Washington, NC 27889
Tracey Wheeler, Corps of Engineers, Washington Field Office
DWR Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Kelly Spivey, WaRO
DEMLR, WaRO
File copy

February 3, 2014
Regulatory Division
Action ID No. SAW 201400046
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 Warren Whichard for a Department of the Army permit to
maintenance dredge and widen an existing man-made canal and create a navigable water
connection between a man-made lake and Chocowinity Bay, on property located off State Road
1166, near Chocowinity, in Beaufort 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.
3. No excavation shall take place at any time outside of the alignment area indicated on the
approved work plans.

4. 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.
5. 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.
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. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
8. All excavated materials will be confined landward of the mean high water level
elevation contour within adequate dikes or other retaining structures to prevent spillover of
dredged materials into any vegetated wetlands or surrounding waters.
9. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
10. 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.
11. 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.
12. 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 I I3A Article 4).
13. 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:
14. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project condition.
15. 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 pemuttee's discovery of the violation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Ms. Jennifer Burdette
N.C. Division of Water Quality, Wetlands Unit
2321 Crabtree Blvd, Parkview Building
Raleigh, North Carolina 27604
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

Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
Supervisor, Atlantic Branch
Habitat Conservation Division
Post Office Box 12559
Charleston, South Carolina 29422-2559
Ms. Jennifer Darby, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. David Moye, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895

Howell, Jonathan
From:
Spivey, Kelly
Sent:
Wednesday, January 22, 2014 10:28 AM
To:
Howell, Jonathan
Cc:
Moye, David
Subject:
Bay Lakes, Beaufort County comments
Jonathan,
Thanks for the chance to comment on the draft Major Permit. The comments are as follows:
1. Remove reference to Rodman Creek.
2. Under spoil disposal I think we should add: The spoil to be placed below N.W.L. to create coastal wetlands shall
be placed such that the final elevation will be the same as the adjacent Coastal wetlands. Also need to add a
reference that spoils are to be located as shown on plat dated revised 12/9/13. Also, the bulkheads to retain the
spoil in open water fill areas shall be no higher in elevation as the adjacent marsh substrate and shall be installed
prior to any spoil disposal.
3. The US ACOE note at end of permit references an ID No. issued on 12/13/12?
4. Add a condition that states "In accordance with commitments made by permittee, the navigable opening from
Bay Lake to Taylor Creek shall be closed prior to removing the plug and bulkhead at the south end of the Lake".
Contact me if you have any questions. Thanks again!
Kelly Spivey - kellv.soivev(@ncdenr.sov
Field Representative
NCDENR -Coastal Management
direct line [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Howell, Jonathan
From: Meehan, Maureen
Sent: Wednesday, January 22, 2014 3:42 PM
To: Howell, Jonathan
Subject: CAMA Application Modification
Jonathan,
After review of the proposed changes to the ajor Permit, I find that there are no conflicts
with the LUP
Please let me know if you need any more information.
-Mo
Maureen Meehan, Morehead City District Planner
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[phone] x205
www.nccoastaimanagement.net
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

DCM MP-1
APPLICATION for
Major Development
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1: Primary ApplicantI Landowner information
Business Name
Project Name (if applicable)
N/A
Bay Lakes
Applicant 1: First Name
MI
Last Name
Mr. Warren
Whichard
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
511 Bay Lake Drive
Chocowinity
NC
ZIP
Country
Phone No.
FAX No.
27817
Beaufort
252 - 946 -
4727 ext.
N/A - -
Street Address (if different from above)
City
State
ZIP
Same
Email
N/A
2. AgeneContractor Information
Business Name
Land Management Group Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Laura
Stasavich
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
PO Box
2522
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28402
910 - 452 - 0001
ext.
ext.
FAX No.
Contractor #
910 452 0060
Street Address (if different from above)
City
State
ZIP
3805 Wrightsville Ave., Suite 15
Wilmington
NC
28403 -
Email
[e-mail]
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2 5 2 • 8 0 u._306 ..-u,58-1, PC a A. ST .. yv�, w. a. c c o a s t a Irns na3ern -nt.net.

Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Beaufort
Bay Lake Drive
Subdivision Name
City
State
Zip
Bay Lake
Chocowinity
NC
27817 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
N/A - ext.
N/A, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project -
gv—Jell
Chocowinity Bay / Taylor and Rodman Creeks
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Pamlico River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
City of Washington
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
No dock structures are proposed, however, shoreline along
Subject Riparian Parcel = approx. 117-acre
Taylor Creek and the Chocowinity Bay for the entire riparian
parcel exceeds 10,000 ft
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
Typ. ex. lot +/- 20,000 sq.ft.,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
+2' to +5' ❑NHW or ®NWL
e. Vegetation on tract
Large portions of the tract are maintained in a mowed condition. Loblolly pine, Holly, Wax myrtle in upland. Wax myrtle,
Black willow, Saw grass, Phragmites and S. cynusoroides in wetlands.
f. Man-made features and uses now on tract
Within Bay Lakes subdivision: existing canals and waterways from previous mining activities; single family lots and roads;
residential docks within canals. Specifically within subject riparian parcel: formerly disturbed wetland which has been
partially filled and is maintained as herbaceous area; dirt road to Chocowinty Bay waterfront; existing ramps and dockage;
existing upland canals, existing open water canals connecting to Chocowinity Bay with side cast spoil islands along each.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
2 5::'-F.t.. ,. s0°' 1. 'i-_=8_ fftC_. A 7 .. .._.. �e4 G, f sn a s ae rn,-t.<,nat

Major Development Permit
m. (i) Are there wetlands on the site?
®Yes ❑No
(ii) Are there coastal wetlands on the site?
®Yes ❑No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
NIA for the development proposed in this application.
Proposed channel excavation does not require wastetreatment.
o. Describe existing drinking water supply source.
NIA for the development proposed in this application.
Proposed channel excavation does not require water service.
p. Describe existing storm water management or treatment systems.
No known stormwater management treatement systems.
Sheet flow over vegetated areas is current treatment.
5: Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Proposed channel would provide navigable access from existing canals and waterways within the Bay Lakes subdivision to
Chocowinity Bay.
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.
Land -based excavation per tract hoe/backhoe. Excavation below normal high water will preferably be done with an
excavator located on the adjacent spoil islands. If necessary, a barge -mounted excavator will be used.
d. List all development activities you propose.
Applicant proposes to: (1) Create an approximately 65'-wide canal through uplands and formerly altered wetlands to provide
navigable access from canals/waterbodies within Bay Lakes to the adjacent Chocowinity Bay (2) Perform maintenance
dredging below normal high water within an existing man-made canal and in Chocowinity Bay at the mouth of the canal to a
final depth of -4' NLW (3) Fill formerly man-made canals and ditches with dredge material (4) Perform planting and minor
grading in remaining, formerly disturbed wetlands for wetland enhancement.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both maintenance and improvements
to existing the existing features.
f. What is the approximate total disturbed land area resulting from the proposed project? 1.5 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No direct discharges are proposed.
L Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA -
j. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
�li•260a ., I'^CLZ. D • 4 R 1.J AST .. WvV v.'. 11 C 0 o' a4 s f rn a rl a uiE nct 11 t. n a

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) _ M 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 scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish .
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Norfolk Southern Railroad.clo. Mr. Carl Wilson.(to the west)* Phone No. -
,Address East Carolina Business Unit, 1500 Carson St. Raleigh, NC 27608
Name Crisp Enterprises LLC (to the east) Phone No.
Address 1397 Whichards Beach Road, Chocowinity, NC 27817
Name - - - - - Phone No.
Address - ..
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
None Known
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.
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 slate 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 informationprovidedin this application is truthful to the best of my knowledge.
Date 4::R_ VA .S'7- / Print Name LO.;Yk'- C'6.0J.'_
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
2 .rD F>,aQP.,^i F, 0L .. 1.-E't^.v^4.Y C'F1'iti .x Y .. 1'J 6':"v4.fTC CGt'S9.-.'.-'Imo!Cci E4'i f,'. !R t. n rt

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
.yAccess
Other
u10.1M
Channel
_1 (NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
N W L)
stabilization.)
Length
67'
1075'
N/A
N/A
N/A
N/A
N/A
Width
variesto
X = 65'
N/A
N/A
N/A
N/A
N/A
38'
Avg. Existing
-3.0' MSL or -
varies, avg -3'
N/A
N/A
NA
NA
NIA
Depth
3.5' NLW
MSL
Final Project
-3.5' MSL
3.5' MSL
N/A
N/A
NA
NA
N/A
Depth
or-4' NLW
or-4 ' NLW
1; EXCAVATION El This section not applicable
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
- 528 cy (maintenance dredging in existing man-made open water
canals and proposed dredging in access channel in Chocowinity
Bay).
c. (1) Does the area to be excavated include coastal wetlands/marsh d.
(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 (see below) ❑None
(ii) Describe the purpose of the excavation in these areas:
Exoay. of ex. side -cast spoil islands- 17,004 sq.ft. These areas
will be excavated to expand the existing open water canal. The
spoil islands were created when the canal was dug and has
since vegetated with a mix of shrubs such as Wax myrtle and
herbaceous species such as Phragmites and S. cynosuroides.
Excavation of this area will promote navigation and Flushing.
Type of material to be excavated.
Soft bottom (sand and silt) of existing man-made, open
water canals.
High -ground excavation in cubic yards.
Upland excavation for proposed navigation canal = 2,703
cy.
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a.
On -site
area.
b. Dimensions of disposal area.
Approximately 3,571 cy of the excavated material will be
used to fill existing upland and open water canals as
indicted on Sheet 5. Filling upland canals will remove
potential "stagnant areas" and improve flushing. Filling the
existing open water canal will provide wetland
enhancement. Remaining volume of excavated material
will be stored on -site in upland areas (see Sheets 4,5) and
may be used under future house pads.

c. (i) Do you claim title to disposal area?
ZYes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
(i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SE),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ZNone
(it) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
❑Yes ZNo ❑NA
(ii) If yes, where?
(1) Does the disposal include any area in the water?
ZYes ❑No ❑NA
(ii) If yes, how much water area is affected?
Existing man-made, upland canals will be filled where the
proposed channel would cut off those canals, see Sheet 5.
Filling these existing canals would be done to maintain good
water quality. Existing open water channel would also be filled.
Filling the shallow (<3'-deep canal) would restore the area to
more natural elevations and may serve to provide wetland
enhancement.
3. SHORELINE STABILIZATION []This section not applicable
(If development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Length: Hog slats on slopes alono proposed navigation canal:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: hog 611-Ift on the west side and 682-Ift. on the east side. Along
slats existing upland canals (middle peninsula): vinyl bulkheadino
4,695 [ft. to be aligned at NWL. No stabilization proposed
along existing NHW/Chocowinity Bay shoreline.
Width: 15' on each side of proposed navigation canal. Vertical
wall along existing peninsula/upland canals.
c. Average distance waterward of NHW or NWL: None. Bulkheading d. Maximum distance waterward of NHW or NWL:
along existing canals would be aligned at NWL. Side slopes and None. No new stabilization along existing NHW/Chocowinity Bay
stabilization of proposed navigation canal will be cut from upland shoreline.
and previously impacted wetland areas. No stabilization is
proposed along exisitng NHW/Chocowinity Bay shoreline.
e. Type of stabilization material:
Vinyl bulkhead and hog slats.
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill None Riprap _
Breakwater/Sill Other
I. Source of fill material.
N/A
f. (i) Has there been shoreline erosion during preceding 12 .
months?
[-]Yes ❑No ZNA
(it) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
N/A
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ZYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(if) Amount of material to be placed in the water -25 cv of rip
ram
(tit) Dimensions of fill area 291sg.ft. and 454sg.ft. of rip rap
will be placed in existino man made upland canals.Sheel 5.
(iv) Purpose of fill
Rip rap will be placed at the connections of the proposed
canal and the existing canals to promote exchange and
maintain good water quality.
submerged aquatic vegetation (SAV), shell bottom (313), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ZNone
(ii) Describe the purpose of the fill in these areas:
2.:ii :✓C>-Lf.�� :: i^%';:.- Cc♦,.=`<,#Va�3! tq..-F .3C^Gi S'l. �afY yj('�.SH•___ 'l k.,..:;�: [G.:'.!Hv

5: GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Stabilization of proposed channel will be installed before
excavation. Earthen plug will remain at waterward end and
removed last to minimize sedimentation in the Bay.
C. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
What type of construction equipment will be used (e.g., dragline,
backhde, or hydraulic dredge)?
Land -based excavators and barge mounted excavators, if
necessary. If a barge -mounted excavator is needed for
excavation below NHW, material will be de -watered on the
barge and dry material will be moved onto the property at the
existing ramp.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Use of existing ramp if needed.
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Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
None.
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(1) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes RNo ❑NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
NA- No new impervious cover proposed.
Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
NA- No new impervious cover proposed.
Describe proposed method of sewage disposal.
N/A
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down' and residential discharges).
No direct discharges are planned.
b. Number of lots or parcels.
N/A.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
1.5-ac for proposed access channel, stabilization of same,
and improvements to existing ramp.
I. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
No new impervious cover proposed.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
[--]Yes RNo ❑NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes []No RNA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ❑No RNA
If yes, attach appropriate documentation.

m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
N/A.
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(it) If yes, how many acres?
o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will additional utilities be
N/A. No oceanfront property exists in this project. installed for this upland development?
❑Yes ❑No ®NA
r 5- .1--05
Applicant Signature
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'-J.:L..- rr GILEAD j r e
_. $A.RR...g?f''. . P `ti..��•�'n'�. \ �'•-:f''i, /'+c '• , \\,• --.. �.,,�I T''/�.�r-Q��.i:rr-.
SITE
0 0.5 1.0 2.0
'Boundaries are approximate and are SCALE 1" = 1 Mlle
not meant to be absolute.
Land Management Group, Inc. CAMA MaBa Permit
Lak sApplication
Environmental Consultants VICINITY MAP y
P.O. Box 2522 NC Gazetteer pg. 66 Applicant: Mr. Warren Whichard
Wilmington, NC 28402
910-452-0001 Location: Chocowinity Bay, Beaufort County
LMG # 01-07-208 Sheet 1 of 11

`~17;,`'� -�'
w.
~ ,
tea. e SITE
ZJ
o
Map Source: Washington and Shallotte Quadrangle 7.6 minute (topographic)
0 250 500 1000
"Boundaries are approximate and are SCALE 1008'
not meant t/hoabsolute.
Land Management Group,Inc. CAMA Major pp|ication
Environmental Consultants USGS TOPOGRAPHIC Bay Lakes
F!O.Box 2522 MAP
Wilmington, NC28402 ----- Applicant: Mr. Warren YYhichani
91V452'0001
' Location: Chou»ninityBay, Beaufort County
L/N8#o/'0F208 Sheet 2 n

I ■ 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 mailplace,
or on the front if space permits.
1. Article Addressed to:
Cris P � IC
n►3q-i WhickIYds-,ch I
A. Signatuure
icy^ U� d �' 0�1
X
O Atltlreeaee
B. Received by ( Printed Name) C. Date of Delivery
D. Is delivery address different from Item 1? ).7 Yea
If YES, enter delivery address below: 13 No
3. S ce Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Deliveyt (Ex" fee) ❑ Yes
2. Article Number 7005 1820 0002 9136 2495
I{ (Transfer from service IsW
PS Form 3811, February 2004 Domestic Return ReoW 1025e5-02-M-1540

UNITED STATES POSTAL SERVICE
H11
• Sender: Please print your name, address, and ZfP+41h'this boz
Land Management Group, Inc.
P. O. Box 252
Wilmington, NC 28402
Lciu-ra
ittitliitittiltIII III IJ J Ili III ItIIIIIII IIiiLIIIIIIII Iitlttl

■ 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.
Artiste Addressed to:
Mr. Ryir5 d I &Fr 31e+orb
°lac W. e3rcl 5+'
A. Signature
X /r901
❑ Agent
D. Is delivery address different from Item 1? U Yea
If YES, enter delivery address below: ❑ No
E3 Certified Mail ❑ Express Mall
❑ Registered 0 Return Receipt for Merchandlse
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2. Article Number 7005 1820 0002 9136 2501
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540

UNITED STATES POSTAL SERVICE
ROCKY M(-'KJt4T NC
• Sender. Please print your name, address, and
Land Management Group, Inc.
P. O. Box 2522
Wilmington, NC 28402
I.O Jrc.

Howell, Jonathan
From:
Laura Stasavich [[e-mail]]
Sent:
Wednesday, February 03, 2010 5:02 PM
To:
Howell, Jonathan
Cc:
[e-mail]
Subject:
Bay Lakes CAMA Major Permit application
Jonathan,
On behalf of Mr. Warren Whichard, applicant for above -referenced permit application, I would like to request that the
CAMA Major Permit application remain on hold while we address review agency comments. Land Management Group is
actively working to prepare responses to the NC Division of Water Qualitys comments regarding the proposed work. I
intend to have the responses prepared this week and will copy Coastal Management with all correspondence to the
DWQ.
Thank you, and please feel free to contact me if necessary.
Laura Stasavich, agent
LMG Inc.
P.O. Box 2522
Wilmington, NC 28402
[e-mail]
910-452-0001 (p)
910-452-0060 (fax)

�m
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue
Governor
Washington Daily News
PO Box 1788
Washington, NC 27889
James H. Gregson
Director
6 July 2009
Natural Resources
Attention: Legal Advertising Department
Dee Freeman
Secretary
Please include the enclosed Notice of Filing in the Public Notice section of the 9 July
2009 edition of your newspaper. If it will not be possible to include this notice in that edition, or
if you should have any questions about this notice, please call me as soon as possible at 948-
3820.
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
NCDENR
COASTAL MANAGEMENT DIVISION
400 COMMERCE AVENUE
MOREHEAD NC 28557
Thank you.
Sincerely,
J
Sherry Tyson, Secretary
Division of Coastal Management
ATTACHMENT
Cc: File
943 Washington Square Mall, Washington, NC 27889 NOnrtIl�a1 Ohria
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net �q pfpp ofEli
An Equal Opportunity 1 Affirmative Action Employer Xa�Z ha lff

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
August 20, 2009
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Dear Mr. Whichard:
This letter is in response to your application request under the Coastal Area Management Act (LAMA) to
perform excavation, construct a bulkhead, and construct a canal to connect a man-made lake to
Chocowinity Bay, in Beaufort County. Processing of the permit application, which was received by the
Division of Coastal Management's Washington office on 6/19/09, is ongoing. However, it has been
determined that additional information will be required prior to the Division taking final action on your
application. These items are summarized below:
1.) The N.C. Division of Water Quality has determined that additional information will be required
in order for that agency to adequately review the proposed project. Due to the fact that a CAMA
permit cannot be issued without a water quality certification first being issued, it is necessary that
processing of your permit application be placed in abeyance until such time as the requested
information is provided to the Division of Water Quality, a water quality certification is issued for
the proposed project, and a copy of the certification is provided to this office. Contact the
Division of Water Quality directly at 252-946-6481 and reference DWQ project 09-0757 if you
have questions regarding this issue.
You will be given five working days from date of mailing. If you can provide to this office a copy of a
water quality certification within the required time, DCM staff will continue processing of the application
and the processing clock will not be suspended. If the required information is not provided to this office
within the specified timeframe, processing of the application will be suspended until such time as the
requested information is provided. If you have any questions concerning these matters, please feel free to
contact me by telephone at [phone], or by email at [e-mail].
Siinciee/ell 9,
Jonathan Howell
Asst. Major Permits Coordinator
Cc: Laura Stasavich, LMG
Kyle Barnes
Mike Thomas
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10%."Post Consumer Paper

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
January 30,2009
Crisp Enterprises LLC
1397 Whichards Beach Rd.
Chocowinity, NC 27817
RE: CAMA Major Permit application
Whichard property, Bay Lake, Chocowinity, NC
Dear Mr. Crisp,
As required by the NC Coastal Area Management Act (CAMA), you are being notified of a request to
perform work at the above -referenced property. As an adjacent riparian landowner to this property, you
have the right to comment on the proposed work. I have enclosed a copy of the CAMA permit application
package as it was submitted to the NC Division of Coastal Management. The enclosed application forms,
figures, and project narrative describe all proposed activities.
If you have no objection to the proposed work, the enclosed form can be completed and returned using the
self-addressed, stamped envelope. No response within thirty days of receipt of this letter also indicates no
objection. Any objections to the proposed work should be directed to Mr. Mike Thomas at the NC Division
of Coastal Management (contact information provided on enclosed form). If you have any questions
regarding the revised application, please feel free to contact me at 910-452.0001 and I will be happy to
discuss it with you.
Sincerely,
Laura Stasavich
Agent, Land Management Group, Inc.
Enclosure: Copy of application package
www.1mgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC
28402

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
January 30, 2009
Mr. Marshall Singleton
920 W. 31d Street
Washington, NC 27889
RE: CAMA Major Permit application
Whichard property, Bay Lake, Chocowinity, NC
Dear Mr. Singleton,
As required by the NC Coastal Area Management Act (CAMA), you are being notified of a request to
perform work at the above -referenced property. As an adjacent riparian landowner to this property, you
have the right to comment on the proposed work. I have enclosed a copy of the CAMA permit application
package as it was submitted to the NC Division of Coastal Management. The enclosed application forms,
figures, and project narrative describe all proposed activities.
If you have no objection to the proposed work, the enclosed form can be completed and returned using the
self-addressed, stamped envelope. No response within thirty days of receipt of this letter also indicates no.
objection. Any objections to the proposed work should be directed to Mr. Mike Thomas at the NC Division
of Coastal Management (contact information provided on enclosed form). If you have any questions
regarding the revised application, please feel free to contact me at 910-452-0001, and I will be happy to
discuss it with you.
Sincerely,
Laura Stasavich
Agent, Land Management Group, Inc.
Enclosure: Copy of application package
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC
28402

NORTH CAROLINA PREPARED BY CARTER, ARCHIE & HASSELL
ATTORNEYS AT LAW P. 0. DRAWER 2187.,
0� BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889
[I
THIS DEED, made and given this � day of 1;?rA 1985,
by Bruce E. Farmer, and wife, Gloria Farmer, of Beaufort County, North
Carolina, hereinafter referred to as "Sellers"; to ,Warren G. Whichard,
and wife, Geneva H. Whichard, of Beaufort County, North Carolina,
hereinafter referred to as "Buyers";
W I T N E S S E T H:
\
That Sellers, for and in consideration of the sum of Ten Dollars
\{
JJJ�
($10.00) and other good and valuable considerations to them paid by
Buyers, the receipt of which is hereby acknowledged, have bargained and
sold, and by these presents do hereby bargain, sell, and convey unto
� l
Buyers., their heirs and assigns, in fee simple, the following parcel or
tract of land located in Chocowinity Township, Beaufort County, North
Carolina, and being more particularly described as follows:
Beginning at a point in the centerline of the Norfolk Southern
Railway right of way; (said beginning point being located by beginning
at a nail set in the intersection of the centerline of the Norfolk
Southern Railway right of way with the centerline of State Road
1166, also known as the Whichard's Beach Road, and running thence
from said beginning point with the centerline of the Railroad right
of way the following -courses and distances South, 8° 18' West
1,138.17 feet to- a -point, South lo'° OL" 'West 100.00 feet'"to a
point, South 13° 01' West 100.00 feet to a point, South 17° 07'
West 100.00 feet to a point, South 210 08' West 100.00 feet to a
point, South 250 07' West 100.00 feet to a point, South 29° 11'
[Jest 100.00 feet to a point, and South 31° 37' West 21.95 feet to
said point of beginning); running thence from said beginning point
so located with the centerline of the Railroad right of way the
following courses and distances: South 330 38' West 78.06 feet,
South 36° 44' West 100.00 feet, South 390 01' West 100.00 feet, and
o 'T—F 0r (ea' GSF3$2
x ik
Esc"L:t i3X

n the
th
South 39° 39' West 3,017.03 feet to a nail set to thencerwith end
Creek; running
Creek in a generally Easterly
a tressel. that crosses Chocowinity Creek
Northerly shoreline of Chocowinity e of Chocowinity
direction to a 36 inch Cypress in the edge
that is a common corner of the property herein described and the
property of Ottis M. Crisp, and is the same corner set forth in the
Slide 361 of the BeaufortEastnty
line agreement in Plat Cabinet B, the same course
Registry; running thence with the Crisp line North 23° 38
807.99 feet to an iron pipe; thence continuing
303.99 feet to an iron pipe; running thence North 46° 48' West
ditch that marks the
923:53 feet to a point in the centerline of a West
Easterly line of aw60hfahe private
enterlineaof aoditch North 4D°132'
thence continuing t n e 4 o�tk ui�S Wa; h .thg ,Oenterlin? n n� ~
said83 fee North 44 °28' West 1,354 41 feet to the porn of beo g•
There is also conveyed herewith to Buyers a perpetual right of
way and easement for ingress and egress in herein describedSellers
to and
their heirs and assigns, from the property
Drive
adjoining the property owned now
State Road 1166 over a 60 foot private road known as Farmer common
the Easterly sideline of said road and extending along
b Mrs. W. S. Jackson, 527.67 feet
or formerly y Jackson and Bruce E. Farmer 1, corner
property line of Mrs.
ly
therefrom South 22° 31' West
from the centerline of State Road 1166 to the Southwester
of the Jackson lot;
and extending line of the property
951.48 feet to the Northeasterly property
herein described. right of
The property hereinabove described an entitled oproperd the 60 foot y Of
shown on a p ed by
way are more particularly Geneva H. [rhichard" survey Leroy
Warren G. Whichard And Wife, and dated March 6,
E. Waters,
Jr. Registered Land Surveyor, Slide 3 14 , of
a copy of which is recorded
yin Plat Cabinet
the Beaufort County Reg'
Buyers understand and agree that no crop allotments are conveyed
herewith, and the property conveyed is not to be used for farming•
r pa
TO HAVE AND TO HOLD the aforesaid tract orcel of land together
with all privileges and app
urtenances thereunto belonging or in anywise
appertaining unto Buyers, their heirs and assigns, in fee, forever,
subject only to the following:
to be assessed.
1
2. Right of way
1985 Beaufort County ad valorem taxes
of the Norfolk Southern Railway Company.

And Sellers covenant and warrant to and with Buyers, their heirs
and assigns, that they are seised of the above described lands in fee
that the same are free from all
and have the right to convey the same,
liens and encumbrances except those above set forth, and that subject
only thereto Sellers will warrant and defend the title to the same
against the lawful claims of all persons whomsoever.
IN TESTIMONY, WHEREOE; _<Se1.1e3ps fi'aye heeuto set;Y!e?rsna�"°ate s
adopted as their respective seals the typed word "SEAL" appearing by
their respective signatures.
SEAL)
B/RfUCE E. FARMER r�
H'
GLORIA FARMER
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
Before me, the undersigned Notary
BruPublic,
ce E. in and for Farmer and the
wifState
and
ia
County aforesaid, personally appeared
Farmer, and they each acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
:.;
day of
14I'TAlES�.,my hand and Notarial Seal, this the Y
�@ 5
NOTARY PUBLIC
:9Goouag7$ib�I: expires:
co 13W,
„...1100
NORTH CAROLINA: BEAUFORT COUNTY ,t/
The foregoing certificate_ of.._____._-/__--_-___X-----_.-_-__.-.___-__-_-_..._..__-_-_._-_____.
Notary Public/Notaries Public is/are certified t e correct. ¢ (}
Filed for �r7egiistration and recorded in//this office in Book
++ -_ (� y —y---, Page
This_.brc4 day oF._-- p��((/__.__-____, 19�.2_ at,;,&�'�lyyyf��ao'el-a�cks,_/�_-__. M.
JonN I. MORGAN, Register of Deeds By---...4e`�y.--- !!"------B—eels ---'
Deputy Register o Deeda.

SITE
'Boundaries are approximateand are
not meant toboabsolute.
Land Management Group, Inc.
Environmental Consultants VICINITY MAP
P(].Box 2522 azetteerpg. 06
Wilmington, VC 20402
810-452'0001
L/N8#0/'07-200 U
0 0.5 18 2.0
SCALE Io=1Mile
CAMA Major Permit Application
Bay Lakes
Applicant: Mr. Warren VVhichan]
Location: ChocowinityBay, Beaufort County
Sheet 1 of

Parcel data obtained from Beaufort County GIS database. GRAPHIC SCALE
LAND MANAGEMENT GROUP INC
ENVIRONMENTAL CONSULTANTS
M BOX 2522 TE F. [phone]
WIWINOrON, N.C. 2M2 FM: (B10) 452-CD00
MU infoalmgnup.nel
9
1000 0 5DO 10DO 2000
( IN FEET )
1 inch = 1000ft.
I.:\LAMA\2007 CAMA fU5\01-07-2C3 --- DAYI. 5. NMIGJPW\MkVJ'e?Mr\Mi jOL-ID2.WJCA
COUNTY PARCELS
(C BAY LAKES
PROJECT: BAY u Es
CLIENT: MR. WARREN "]CHARD JOB # 01-07-208
DRAWN BY: ,m DATE: rev 2.09
SCALE:
1" = 1,000' I SHEET 2 of 6

P,
i,41
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
Authorized Agent Consent Agreement
LA -a (I kA6,t7PJ JF (}IILDUP (Kc . is hereby authorized to act on my behalf
(Printed Name of Agent)
in order to obtain any CAMA permit(s) required for the property listed below. The authorization is limited to the
specific activities described in the attached sketch.
LOCATION OF PROJECT:
-My l,kl SusbMS16r')
3" LKe -paI, �'CH oCouk uu f(t1 J!yf/
Wks I:�, tv orn1 �90WFOT Co.
PROPERTY OWNER MAILING ADDRESS:
(
REES:: S
* N(I o2'19) PHONE NO. 02 / ! (4�r 4�/; /
et%wN�
AUTHORIZED AGENT MAILING ADDRESS:
I AiJfl Ah*&ewiiIiftt GUUP (I .
PHONE NO.
Signature of Property Owner:
Signature of Authorized Agent:
Date: �l �.B'Z�
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Inlernet www.nccoaslalmanagelnent.nel
An Equal Opportunity I Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper

Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
April 2, 2009
Dear Sir/Madam
As you may be aware, 1 have submitted a permit application to the NC Division of Coastal Management
requesting authorization to create a canal through my property in the southern part of Bay Lakes. The
proposed canal would provide navigable access from the existing Bay Lakes canals to Chocowinity Bay. As
part of the application process, the NC Division of Coastal Management and the NC Division of Water
Quality have required that you be notified of resulting jurisdictional changes.
If authorization to create the canal is granted, the NC Division of Coastal Management (DCM) will consider
the existing canals to be public trust waters as defined by the NC Coastal Area Management Act (CAMA).
This designation will make waters in the canal and a 30' zone along the bulkhead (or normal water level)
jurisdictional Areas of Environmental Concern. Work in the canals and within 30' of the water would then
require a CAMA permit. The majority of work in the canals, particularly if no more than two boat slips per
lot are requested, could be authorized by a CAMA General. Permit. General Permits for docks and ramps
are streamlined permits and can be issued by local Washington DCM staff. A majority of single family
residential work within 30' of the water can be permitted by the Local Permit Officer with a CAMA Minor
Permit.
Upon connection, the NC Division of Water Quality has stated they will apply the Tar -Pamlico Riparian
buffer to the canals. Application of the buffer will mean that new impervious cover within 50' of the canal will
be prohibited or limited. Other activities, such as certain types of vegetation management, may be
prohibited if they are not existing, on -going activities or if their use changes. If work within the buffer is not
an exempt activity, a buffer authorization from the NC Division of Water Quality could be needed. The
Division of Water Quality has requested that you sign the enclosed form indicating you have been notified.
The form can be returned to me or to my agent for the permit application, Land Management Group, using
the enclosed self-addressed, stamped envelop.
More information is available at:
http://dcm2.enr.state.nc,us/ and http://h2o.enr.state.nc.us/ncwetlands/RiparianBufferRules.htm. If you have
any questions, please feel free to contact Laura Stasavich, Land Management Group, at 910-452-0001 or
the Washington Department of Environment and Natural Resources at 252-946-6481.
Sincerely,
Laura Stasavich for Mr. Warren Whichard

Summer 2007 Water Quality Sampling
Bay Lakes. Chocowinily, rJC - 01-07-208
6/1n/2007
WO-1
Time
Bottom Depth- 1.5h
Depth
Sampled (it)
Tamp('CI
DO m JL)
Sp.Can hS
Salinily
(p 1
0.5
24.7
7.6
3009
1.6
Notes: sampletl in Chocwinity Bay aleld well site
WO-2
me
Sandie Depth- 2.Oft
Depth
Sampled fit
Tom I'C
DO(m /L)
Sp.Con tS)
Salinity
( Pit
0.5
24.7
7.7
3.260
1.7
Notes: sampled in Chocwinily Bay bit well and open wale,
W0.3
Time
Bottom Depth- 3.5ft
Depth
Sampled (It
Temp °CI
DO m IL
Sp.Con(S)
Salinity
(p 0
0.5
24.6
76
3.212
1J
3.0
24.6
7.6
3215
13
Notes: Choc winity Bay (open wafer)
WO-4
Time
Bollom Depth- 2.01t
Depth
Sampled Ift)
Tamp °C
DO (m Ih)
S .Con (IS
Salinity
tpp0
0.5
24.6
T6
3.196
1.7
Notes: Chocowinily Bay (creek towards breecn)
0/0.5
Time
Bottom Depth- 2.Of1
Depth
Sam led 10
Temp 'C
DO(m IL)
S Cohf IS
Salinity
( t
0.5
24.3
T3
3.072
T5
tJoles: Chpcowinity Bay (creek Imvards breech)
WO 6
Time
Bottom Depth- 2.011
Depth
Sampled (fit
Temp (-C)
DO m fL)
SP.CPP S
Salinity
( 1
0.5
24.3
7.2
7069
1.6
.
Notes: Chocowinity, Bay (creek towards breech). Dtlenbeaverin water
WO.12
Time
Bollom Depth- 1.5f1
Depth
Sampled fO
Temp 'C)
DO Ohl
5p.00n ItS)
Salinity
0
05
25.4
6.9
2,942
1.5
Nales: sampled at breech, Chocowinity Bay side
Chocowinity Bay - Mean
Chocowinily Bay- Min
Choeuwi illy Bay - Max
WOq
Time
Bollom Depth- 2.5ft
Depth
Sampled
(fl
Temp °C)
DO m IL
Sp.Con
(pSl
Salinily
(P t)
0.5
24.9
7.1
2.905
L5
Notes: sampled at existing dock, well site 92 (bay Lakes)
W0-9
Time
Bottom Depth- 2.Oft
Depth
Sampled
(fit
Temp(°C)
DO(m /L)
Sp.Con
BtS
Salinity
pit)
0.5
251
6.0
2.559
1.3
Notes: Canal 2 (Bay Lakes)
WO-10'
Time
Bosom Depth- 2.Oft
Depth
Sampled
(ft)
Temp(°G
DO ,n /L)
Sp.Con
(AS)
Salinity
I)
0.5
25.6
6.0
2466
12
Notes: Canal 3 (Bay Lakes)
YJO-11
Time
Bottom Depth- i.51t
Depth
Sampled
fl
Tem (°C)
DO(m IL)
Sp.Con
fps
Salinity
(poll
0,5
25.7
9.7
2.396
11
Notes: Canal (Bay Lakes)
Surface Water Quality Statistics
24.7 7.4 31109 1.6 Bay Lakes - Mean
24.3 6.9 2,942 1.5 Bay Lakes - Min
25.4 7.7 3,260 1.7 Bay Lakes - Max
Surface Water Quality Statistics
25.5 7.2 2,594 1.3
24.9 6.0 2,396 1.2
26.7 9.7 2.905 1.5

Summer 2007 Water Quality Sampling
Bay Lakes, Chocowinity, NC - 01-07-208
6/29/2007
EDapth-
Depth
Sampletl (it)
Temp ('C)
DO (m9/L
Sp.Con (pS)(ppt)
Salinity
0.5
292
7.1
3,1081.6
IV Ore... sa mpiw u, in,v,...n,.,> ...q .............. ......
E.tt..B:D:pthlft
Depth
Sampledft
Temp ('C)
DO (m /L
Sp.Con (p5
Salinity
(ppi)0.5
29.3
7.0
3.001
1.6
Notes: upstream or well. mwdius umc,ni
EQ-3Sampletl
Depth- 2.Oft
Depth
(it)Temp
('C)
DO (mg)L
Sp.Con (pSm
Salinity
Notes: Chocowimly bay lopen water)
F4B
Depth- 1:5 it
Depth
Sampled (it)
-
Temp (°C)
DO (mg/L0.5
Salinity
Notes: Chocowlnlly bay (mourn m creek to -Door ramp )
WO-5
Bottom Depth- 0.8f1
Depth
Sampled (it)
Temp (°C)
DO (mg/L)
Sp.Con (pS)
Salinity
(ppt)
0.5
29.8
6.9
31190
1.7
Notes: Chocowimty bay (112 distance up creek m -ooat ramp I
WQ_6
Bottom Depth- O.Bft
Depth
Sampled (it)
Temp (°C)
DO (mg/L)
Sp.Con (pS)
Salinity
(pp')
0.51
29.8
7.0
3,170
1.6
Notes: sampled al "boat ramp" -well 91 site
WQ-7
Sodom Depth-2.Oft
Depth
Sampled
(it)
Temp(`C)
DO(mg/L)
Sp.Con
(P5)
Salinity
(PPO
0.5
'30.7
6.5
3,105
1.6
Notes:. sampled at well 4z lbay Lakes)
WQ-8
Bottom De lh-0.8ft
Depth
Sampled
(it)
Temp ('C)
DO (mg/L)
SoCon
0S)
Salinity
(ppi)
i
37.0
7.4
3,078
1.6
Notes: Canal 1 (nay Lanese
WQ-9
Bottom Depth- 1.5ft
Depth
Sampled
(ft)
Temp(*C)
DO (mg/L)
SP.COn
(pS)
Salinity
(PPI)
0.5
30.4
7.6
2,913
1.5
Notes: uanal [ (day Ldnem)
WQ-10
Bottom Depth- 1.5ft
Depth
Sampled
(r)
Tem (°C)
1)0(m9/L)
Sp.Con
(pS)
Salinity
(Poll
0.5
30.6
7.2
2,796
1.3
Notes: Canal 3 (bay Lakes), noted a ueceaseu ume cidu
WQ-71
Bottom De th- 1.5ft
Depth
Sampled
(it
Temp('C)
DO(mgIL)
Sp.Con
PSj
Salinity
(PP9
0.5
30.9.
8.21
2,785
1.4
Notes: Canal 4 (Bay Lakes)
Surface Water Quality Statistics _ Surface Water Quality Statistics
Cllocowinity Bay - Mean 29.4 7.1 3,151 1.6 Bay Lakes - Mean 30.7 7.4 2,935 1.5
Cllocowinity Say - Min 29.1 6.9 3,001 1.6 Bay Lakes - Min 30.4 6.5 2,785 1.3
Chocowinily Bay - Max 29.8 7.4 3,226 1.7 Bay Lakes - Max 31.0 8.2 3,105 'I.6

Summer 2007 Water Quality Sampling
Bay Lakes, Chocowinity, NC - 01-07-208
7/20/2007
WO-1 -
Bottom Depth- 3.5ft
Depth
Sampled(it
Tem °C
DO m /L
S .Con (pS
Salinity
p t
0.5
30.9
7.9
3,774
2.0
3:0
29.8
4.5
4,780
2.5
Notes: Samples In l.nocwinny oay m um wmi anc
WO-2
Bottom Depth- 2.5ft
Depth
Sampled 11
Temp(°C
DO m /L
Sp.Con pS)
Salinity
t
0.5
31.2
7.2
3.231
1.7
2.0
31.1
6.8
3.272
1.7
Notes: upstream or wen, towai us ateeLn
WQ-3
Bottom Depth- 3.5ft
Depth
Sampled(it)
Temp °C)
DO m /L
Sp.Con IS)
Salinity
opt
0.5
30.1
8.2
4,003
2.1
3.0
29.4
2.6
5,340
2.9
Notes: Chocowinity Bay (open water)
WO-4
Bottom Depth- 3.5 it
Depth
Sampled ff
Temp °C
DO m /L
Sp.Con 6,S
Salinity
p t
0.5
29.8
8.4
4.041
2.1
3.0
29.5
3.6
5.470
2.8
Notes: Chocowinity Bay (mouth of creek to 'boat ramp")
WQ-5
Bottom Depth- 1.5fl
Depth
Sampled fl
Temp (^Q)
DO m /l.
Sp.Con l5
Salinity
1
0.5
29.7
7.3
3.416
2.5
Notes: Chocowinity Bay (112 d6iance up creek to "boat ramp')
WO-6
Bottom Depth- 0.811
Depth -
Sampled fl
Temp °C
DO mn /L
Sp.Con (ItS
Salinity
lost
0.5
31.2
7.0
2,793
1.4
NINES: samples al U"L irony -wen u I Sne
Chocowinity, Bay -Mean
Chocowinity Bay - Min
Chocowinity Bay - Max
WQ-7(it)
Bottom Depth- 1.Oft
Depth
Sampled
Tem 'C)
DO m /L
Sp.Con
[IS)
Salinity
(p t
0.5
33
12.3
3.219
1.7
Notes: sampled at well #2 tday Lakes)
WQ-8_(it)
Bottom Depth- 1.O11t
Depth
Sampled
Tem `C)
DO (m /L)
Sp.Con
(IS)
Salinity
(ppt
0.5
33.5
10.6
3,218
1.7
Notes: Canal 1 (Bay Lakes)
WQ-g
Bottom Depth- 0.8ft
Depth
Sampled
(ft)
Temp(°C)
DO m lL
Sp Con
(pS)
Salinity
(Ppt
0.5
32.7
11.3
2,979
1.5
Notes: Canal 2 (Bay LaKeS)
WO-10
Bottom Depth- 2.01L
Depth
Sampled
ft)
Temp `C
DO m 0.
Sp.Con
(,IS)
Salinity
(p t
0.5
33
12.8
2,926
1.5
Notes: Canal3 (day LaKeS)
WQ-11 -(it)
Bottom Depth- 2.Oft
Depth
Sampled
Tem °C
DO m /L
Sp.Con
(Its)
Salinity
p O
0.5
33.11
12.8
2,064
to
Notes: Canal 4 (bay LaKes)
Surface Water Quality Statistics Surface Water Quality Statistics
30.5 7.7 3,543 2.0 Bay Lakes -Mean 33.1 12.0 2,881
29.7 7.0 2,793 1.4 Bay Lakes - Min32.7 10.6 2,064
31.2 8.4 4,041 2.5 Bay Lakes - Max 33.5 12.8 3,219
1.6
1.4
1.7

Summer 2007 Water Quality Sampling
Bay Lakes, Chocowinity, NC - 01-07-208
8/27/2007
WQ-1
Bottom Depth- 35ft
Depth
Sampled (it
Tem (°C
DO m /L
Sp.Con (tS
Salinity
t
0.5
29.7
5.2
7,510
4.3
3.0
29.4
4.8
7,430
4.2
Notes: sampled in Cnocwimty may at oia wen mte
WQ.2
th-3.5f1
Depth
Sam led ft
Temp (°C
DO mgli-
S .Con (nS0.5
A
29.5
7.2
7,620BottamDe
3.0
294
58
8030
Notes: upstream 01 wen, wwc- u,ccw
WO-3
Bottom Death- 3.5f1
Depth
Sampled it
Tempt°C
DO mg/L
S .Cdn(16
Salinity
t
0.5
29.6
5.5
8,220
4.5
3.0
29.5
4.9
8380
4.5
Notes: Chocowmity bay topen watey
WQ-q
Bottom De Ih- 1.5 it
Depth
Sam letl fl
DO mg/L)
S .Con tS
Salinity
ppt
0.5
29.6
5.5
8,270
4.4
3.0
29.5
- 49
8390
4.5
Notes: Chocownity bay imoaln o1 creeK to oast tamp )
WQ-5
Bottom Depth- Loft
Depth
Sampled(fl
Temp('C
DO mg/L
S .Con iS
Salinity
pi
0.5
29.1
5.5
8,120
4.4
Notes: Chocowinity bay (u[ distance up creeK to ooat idnip )
WO-6
Bottom Depth- 1.0f1
Depth
Sampled(it)
Temp °C
DO m /L
S .Con(S)
Salinity
(ppl
0.5
28.1
5.6
7.900
4.4
Notes: sampled at post ramp - weu 91 site
WQ-7
Bottom Deph- 1.0f1
Depth
Sampled
ft
Tem °C)
DO(m /L)
Sp.Con
45
Salinity
(pt
0.5
29.4
5.1
7,160
3.9
Notes: Sampled at wen na toay --)
WQ-8
Bottom Depth- 0.8ft
Depth
Sampled
(fl)
Tem "C
DO m /L
Sp.Con
(pS
Salinity
mpt
0.5
29.6
6.5
7,140
3.9
Notes: uanat I (Ddy Lenw)
WO-9
Bottom Depth- 1.5f1
Depth
Sampled
tt
Temp -C
DO m /L
Sp.Con
It's)
Salinity
(p t
0.5
29.6
7.2
6,650
3.6
Notes: Canal Z (Bay Lakes)
WQg0
Bottom Depth- 1.5ft
Depth
Sampled
it
Tem "C
DO m /L(its)
Sp.Con
Salinity
(ppl
0.5
29.31
7.71
6.350
3.4
Notes: Canal 3 tbay LaKeS)
WQ-17(it)
Bottom Depth- 1.5ft
Depth
Sampled
Tom °C
DO mgfl
Sp.Con
iS
Salinity
(pot
0.5
29.81
7.01
6.040
33
Notes: Canal 4 (bay LaKeS)
Surface Water Quality Statistics Surface Water Quality Statistics
Chocowinity Bay - Mean 29.3 5.8 7,940 4.4 - Bay Lakes' -Mean 29.5 6.7 6,668 3.6
Chocowinity Bay - Min 28.1 5.2 7,510 4.2 Bay Lakes - Min 29.3 5.1 6,040 3.3
Chocowmily Bay - Max 29.7 7.2 8,270 4.5 Bay Lakes - Max 29.8 7.7 7,160 3.9

Figure 1 contd. Hydrology Monitoring; Gauges 1 and 2
I
N 24
d
L
V 18
12
J 6
d
(ao
3
v -s
c
7
-12
-18
-24
-30
I 'If
Ns^sJ)JSJ1J3sJ 33 �J SJiS3sz\'JS3S31J\ls\1J3�N ls\IJ\SJ,J13\�J�3 SJ SZIJ\3J'J ls\ 13\ �JS 1J\'JN ls\ IJ\33 133
V `l% ".i '3 V R h h 6 V .'1 '1 0 V 9 9' O NO NK K� r�`l% ^'V N' N5 N N NV K ^6 NV r\'1' ,6'�' � N -°b ,col I
Tides
-L-Bay Lakes Wooden Dock (Well 1)
+Chocowinity Bay Boat Landing (Well 2)
tide data from core creek
Lane: Management Group, Inc.
wwlvr.lmgroup.net bridge
d<<;lr Caw
I �Cr1'G fn "sL��i
4 hi
r I! wd '.S
Bay Lakes
Chocowinity, NC
Well 1 - A286960
Well 2 - EBD9FCE
July 1 - July 20, 2007
Reading every 112 hour

North Carolina
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Land Management Group Inc
Ms. Laura Stasavich
PO Box 2522
Wilmington, NC 28402
Dear Ms. Stasavich:
James H. Gregson
Director
6 July 2009
Dee Freeman
Secretary
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of the property located off of SR 1166,
Whichard's Beach Rd, at the southern end of Bay Lakes Road, adjacent to Chocowinity
Bay, near the Town of Chocowinity, in Beaufort County, North Carolina It was received
on 19 June 2009, and appears to be adequate for processing at this time. The projected
deadline for making a decision is 2 September 2009. 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 19 June 2009,
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
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.n000astaimanagement.net
��or�ne
NnnCarolina
lVaturallu

Ms. Laura Stasavich
6 July 2009
Page 2
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.
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 me if you
have any questions and notify me in writing if you wish to receive a copy of my field
report and/or comments from reviewing agencies.
Sincerely,
#4� j �
Mike Thomas
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Doug Huggett
Terry Moore, District Manager
Warren Whichard

Nt ) T I ( 0010 1 04A
AMA PERMIT
APPLIES FOR
Seesh;n�
COMMENTS ACCEPTED THROUGH
.•-
• u _ V� •ems- as
_Y
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�b�GS1-�thC�t011� C�1C- ����1

Major Permit Fee Schedule
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
1. Private, non-commercial
development that does not involve
he filling or excavation of any
wetlands or open water areas:
$250
100% ($250)
0% ($0)
11. Public or commercial
development that does not involve
he filling or excavation of any
wetlands or open water areas:
$400
100% ($400)
0% ($0)
III. For development that involves
the filling and/or excavation of up
0 1 acre of wetlands and/or open
water areas, determine if AA C,
or D below applies:
III(A). Private, non-commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied:
$250
100% ($250)
0% ($0)
III(B). Public or commercial
development, if General Water
Quality Certification No. 3490
(See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 3490 (see
attached) could be applied, but
DCM staff determined that
additional review and written
DWQ concurrence is needed
because of concerns related to
ality or aquatic life
$400
60% ($240)
40% ($160)
eneral Water Quality
tion No. 3490 (see
) cannot be applied:
$400
60% ($240)
40% ($160)
EDevelopment
lopment that involves thedlor
excavation of more
acre of wetlands and/orter
areas:
$475
60% ($285)
40% ($190)

A copy of this report and letter is being forward to the Division of Coastal Management, as the CAMA
Major permit application is on hold pending resolution of review agency comments, including those
provided by the DWQ. Since the 401 Water Quality Certification application is part of the CAMA Major
permit application process, the applicant has returned the application materials to the DWQ office in
Washington and no additional fee has been provided. I am happy to discuss the enclosed information
with you in detail if required, and please feel free to contact me at 910-452-0001 or
Istasavichna Improup.net.
Sincerely,
Laura Stasavich
Land Management Group, Inc.
cc: Mr. Dotrg H gett, NC DCM
Mr. Mike Thomas, NC DCM
Mr. Warren Whichard, owner/applicant
Encl. Report as stated
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC
28402

UPLAND EXCAVATION AND RIP RAP
A UPLAND AREA TO BE EXCAVATED TO CREATE All
A RIP RAP SPILLWAY CONNECTION BETWEEN
EXCAVATION NEW NAVIGATION CANAL
19
NNW
PROX. NLV
LAKE
EXCAVATION AREA,
NEW NAVIGABLE CANAL
���CGCGG�G'.CG'GG'000.�GG��
-'
U+UU U+ff0 U+JU U+/3 t+UU
EXCAVATION ACCESS CHANNEL
NNV
IPPROX. NLV
C'
_
APPROX. EXISTING GRADE PROPOSED EXCAVATION APPROX. EXISTING GRADE
SPOIL ISLAND, SPOIL ISLAND SPOIL IS AND
PROPDS
SPOIL
ISLAND
XISjIN
_ p
ADJ. CpNAAN4
o per
"eennT-dept
Into ad ncen! cnnnl
Itlep
0+00 0+25 0+ 0 0+ 5 0+
00 0+
2`.
FILL EXISTING UPLAND CANAL
® ®/ PROPOSED GRADE
Grotle Df nd,Zc ;poll I Innds)
PPROX-GRADE OE APPROX. GRADE OF
ADJACENT SPOIL AND AD AC NT SPOILISLAND
-
RGPGS
ERnw rrr•vImq
APPROX. EXISTING CANAL BOTTOM
UTUU U'rcl) U+JU U + / 0
APPROX. NNW
— APPROX. NLV
C OPEN WATER EXCAVATION ACCESS CHANNEL Ell
TYPICAL
SHEET PILE
For proposed bulkheading
on existing upland canal.
ap
Sheet pile
Depth
IB be 10.e I,ed
by mnlrmtr
NITS
��'PN' N X. NLV
Ih
Legend
Proposed Fill
Proposed Excavation ./ .
NLV
GRAPHIC SCALE
20 0 10 20 40
( IN FEET )
1 inch = 20 ft.
I.:\LAMA\200/ CAMA FL. 5\01.01.208 --- WLM5, WIIC}WK7\Mka-YiPMl1\MAJOP--9V2.1M6
PROJECT: RAY was BEAUFORT COUNTY
LAND MANAGEMENT GROUP INC CLIENT: MR. WARREN WNICNARD. JOB # 01-07-208
ENVIRONMENTAL CONSULTANTS CUT& FILL SECTIONS DRAWN BY: LED DATE: rev 2.09
PO BOX 2522 TELE.. [phone] BAY LAKES
LOG- WILMINGTION, N.C. 28402 FAX: [phone] SHEET 6 of 6
EMAIL Inf Olmpmnp.net SCALE: 1" = 20'

Existing Connection (via culvert)
X. CULVERT
f to Rodman Creek
15"RCP
NE
NE INV = —0.68
SW INV = —0.80
(' I SPOIL ISPOSA AREA
nJ � yo Ye YV
l4hSR
\ n ep• a�NeOS SE4
ex °M,a m
•T B nl• uom P. mwrnos
NHW •.,,, Y•, / wlm ymwmns
\ / rse�s-�,-sew
�Oyp
\ Ys
Yn \ �' r�4•
Top of Ban `
NHW \
stop
New ulkhead " \ �N N
op of Bank/
H W 8�p,� \ � • \ "n \
�\ \\ � `� •\ Yi YN
To fNnW, m we} start New Bulkhead
N
' • \ Total linear footage of new bulkhead =
4,6951ft. To be aligned at of existing top
\ of bank (NHW).
\ Top Bank/ Note: Existing depths were provided by
AH The East Group and are relative to MSL.
Normal Low Water is estimated to be 0.5'
I\ below MSL. Average water level fluclation
measured on tide gauges installed by LMG
\\ \\ S at the existing ramp averaged 8-9".
6, W
Y
Yn \
VY
GRAPHIC SCALE
0 100 200 400
NHW " \
\ / ( IN FEET )
I inch = 200 R.
Ex. Surface Connection �. \
to Taylor Creek \ � Leoend
Ex. WATERWAY
Top of Bank/NHW
..ra .... NHW \ n ------
'� .,. Tar -Pan Riparian Buffer
1 (Zone 2 Limit)
._m1,an wuu 1 _
Tar Palls Riparian Shoreline
I
Lot lines
BASE SURVEY PROVIDED BY �*
The East Group,
Greenville, NC 27858 L;\CAMA\7OO'/CAMAFU5\0I-01-208 --- MY LAKE5, VftFM\MAJ0RRJ'ERMIT\MAJ9I?_5Uf32M6
PROJECT: BAY mEs BEAUFORT COUNTY
LAND MANAGEMENT GROUP INC CLIENT' MR. WARREN WNICNARD JOB # 01-07-208
ENVIRONMENTAL CONSULTANTS ITE PLAN EX. CANAL
Po BOX 2522 Me [phone] DRAWN BY: tes DATE: rev 2.09
MUAINGMN, N.C. 20402 FAX: [phone] BAY LAKES
LOG UWU mfoolm9muc.net SCALE: 1" = 60, SHEET 4 of 6

UPLAND EXCAVATION AND RIP RAP
A ePIANO AREA TO BE EXCAVATED TO CREATE A'
A RIP RAP SPILLWAY CONNECTION BETWEEN
NNW
PROX. NLW
LAM
EXCAVATION NEW NAVIGATION CANAL
B BI
C EXCAVATION ACCESS CHANNEL
NLV
C'
APPROX. EXISTING GRA➢E PRDPOSED EXCAVATOIN APPROX. EXISTING GRADE
SPOIL ISLAN SPOIL ISILAND SPOIL IS AND
_
OPOSE
SPOIL
ISLAND
ztS IMG 6geg.
ADA CAN A
FI
A GRA -1'N f�-8.5'MS
l
Pei
o aper
Into ad scent canal
del
0+00 0+25
0+50 0+ 5 0+
00 0+
2
FILL EXISTING UPLAND CANAL
D D/ PROPOSED GRADE
}
o B
➢rode of atlJncenP'P.R spoIlandsl
. GRIN
APPROX. GRADE OP
ADJACENT SPOIL, ISLAND
AVJACENWPOIL IS ➢
RDPOS
APPROX.
EXISTING CANAL BOTTOM
uluu ula%J un-Ju uT/I-)
APPROX. NNW
APPROX. NLV
E OPEN WATER EXCAVATION ACCESS CHANNEL
Ell
Legend
TYPICAL
SHEET PILE
For proposed bulkheading
on existing upland canal.
Bp
Sheet pile
Depth
to be delernIned
by wnbaGor
NTS
� 4PROX. NLV
ith
5
Proposed FM
Proposed Excavation
GRAPHIC SCALE
20 0 10 20 40
( IN FEET )
I inch = 20 ft.