165-96 TX Rose, Andrew

Permit Class
TRANSFER
Permit Number
165-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
3permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
P�
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Andrew D. Rose 406 Walking Stick Trail, Clinton, NC 28328
Authorizing development in Beaufort County at Pamlico River, canal and wetland off of. at
Riverside Park , as requested in the permittee's application dated 3/16/96applicant
letter for revision dated 10/31/96, including attached workplan drawings listed in condition No. 1
This permit, issued on 3/23/05 , 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.
Revised Work Plans
1) The project shall be carried out in strict adherence to the following work plans: sheets 1-5 of 5 with
sheet 1 dated 3/7/96, sheets 2 & 3 dated revised 10/30/96, sheet 5 dated revised 10/28/96 and sheet 4
dated 5/16/96.
Basin and Canal Excavation
2) The proposed boat basin shall be excavated as shown on revised plat No. 3 dated October 30, 1996.
All spoils shall be placed on high ground.
(See Attached Sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall cease when the permit expires on
December 31, 2005
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.
�( CUAes S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

,
Andrew D. Rose Permit #165-96
Page 2 of 3
T
ADDITIONAL CONDITIONS
3) The only excavation that shall be allowed in -regards to the canal widening is that which is shown on
revised plat No. 2 dated October 30, 1996. All spoils shall be placed on high ground.
4) :The proposed canal maintenance excavation. and the proposed entrance channel excavation shall
coincide with plat No. 2 dated May 16, 1996 and shall not exceed 4.0 feet at NWL.
than the adjacent weilands'and can not be
6) All bulkhead and/or riprap alignments shall be staked by a representative of DCM prior to its
construction.
7) The placement of riprap or a wood bulkhead shall not exceed the limitations as shown on plat No. 4
dated May 16, 1996.
8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
9) The riprap material shall be free from loose dirt or'any other pollutant. It shall be of a size sufficient
to prevent its movement from the site from wave or current action.
10) The riprap material shall consists of clean rock or masonry materials such as, but not limited to,
granite or broken concrete. Materials such as tires, car bodies, scrap metals, paper products, tree
limbs, wood debris, organic material or similar material are not considered riprap.
Bridge
11) No culvert shall be placed within the canal. Instead, access shall be gained by a bridge as shown on
revised plat No. 3 and revised plat No. 5 dated October 28, 1996. The bridge shall have a minimal
clearance of 6.0 feet above the NWL at the lowest part of the bridge. The minimal amount of
horizontal clearance shall be 12.0 feet.
Pier and Groins
12) The proposed pier and groins shall be constructed as shown on plat No. 2 dated May 16, 1996, except
that no groin may be placed within 15.0 feet of any adjacent property line.
Boat Ramp
13) The proposed boat ramp shall be constructed as described on plat No. 5 dated October 28, 1996 and
on plat No. 3 dated May 16, 1996.
14) The concrete slab for the boat ramp shall be poured on an upland site and pushed into place once
hardened because wet cement is toxic to aquatic organisms.

x
Andrew D Rose
ADDITIONAL CONDITIONS
Permit #165-96
Page 3 of 3
-General,., .
15) Prior to any construction, the permittee shall call for a site meeting with a representative of the
Division of Coastal -Management in order to preclude misunderstanding of permit conditions.
16) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlandsisnot authorized.
�. h 3.i« of r �'Y... : � f1 «ft'..Y ' r4`✓ � _�' S Ivµ .. _ k.,'4al.r a..�.r rv. x � t:
. i .
d 7)' ' All excavated matenals'shall be confitied above mean high water and landward of regularly or -
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
18) A permanent ground cover.sufficient to restrain erosion shall be provided on all exposed areas within
the shorter of 30 working or 120 calendar days after project completion.
19) Appropriate erosion and sedimentation control devices, measures, or structures shall be used to
prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
NOTE: The N.C. Division of Water Quality approved this project on October 30, 1996 under General
Water Quality Certification No. 3025.

Permit Class
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Issued to Andrew D. Rose 406
Permit Number
165-96
Authorizing development in Beaufort County at Pamlico River, canal and wetland off of. at
Riverside Park , as requested in the permittee's application dated 3/16/96 applicant
letter for revision dated 10/31/96, including attached workplan drawings listed in condition No 1
This permit, issued on 3/23/05 , 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.
Revised Work Plans
1) The project shall be carried out in strict adherence to the following work plans: sheets 1-5 of 5 with
sheet 1 dated 3/7/96, sheets 2 & 3 dated revised 10/30/96, sheet 5 dated revised 10/28/96 and sheet 4
dated 5/16/96.
Basin and Canal Excavation
2) The proposed boat basin shall be excavated as shown on revised plat No. 3 dated October 30, 1996.
All spoils shall be placed on high ground.
(See Attached Sheets for Additional Conditions)
This permit action may be appealed by the pennittee 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 shall 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 shall cease when the permit expires on
December 31, 2005
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.
ClMes S. Jones, Director
(/ Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Andrew D. Rose
ADDITIONAL CONDITIONS
Permit #165-96
Page 2 of 3
3) The only excavation that shall be allowed in regards to the canal widening is that which is shown on
revised plat No. 2 dated October 30, 1996. All spoils shall be placed on high ground.
4) The proposed canal maintenance excavation and the proposed entrance channel excavation shall
coincide with plat No. 2 dated May 16, 1996 and shall not exceed 4.0 feet at NWL.
:3 hs';. W?N aA 4-ihvH✓Y`gay.i'fyrf .'.w:L�.4^sti..'^.S'1:=+ cE
5) ; ` ' All wooden bulkheads which ate to ,be placed Waterwa 6f wetlands `shall b6 constructed no �ingher
than the adjacent wetlands and can not be backfilled.
6) All bulkhead and/or riprap alignments shall be staked by a representative of DCM prior to its
construction.
7) The placement of riprap or a wood bulkhead shall not exceed the limitations as shown on plat No. 4
dated May 16, 1996.
8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
9) The riprap material shall be free from loose dirt or any other pollutant. It shall be of a size sufficient
to prevent its movement from the site from wave or current action.
10) The riprap material shall consists of clean rock or masonry materials such as, but not limited to,
granite or broken concrete. Materials such as tires, car bodies, scrap metals, paper products, tree
limbs, wood debris, organic material or similar material are not considered riprap.
Bridge
11) No culvert shall be placed within the canal. Instead, access shall be gained by a bridge as shown on
revised plat No. 3 and revised plat No. 5 dated October 28, 1996. The bridge shall have a minimal
clearance of 6.0 feet above the NWL at the lowest part of the bridge. The minimal amount of
horizontal clearance shall be 12.0 feet.
Pier and Groins
12) The proposed pier and groins shall be constructed as shown on plat No. 2 dated May 16, 1996, except
that no groin may be placed within 15.0 feet of any adjacent property line.
Boat Ramp
13) The proposed boat ramp shall be constructed as described on plat No. 5 dated October 28, 1996 and
on plat No. 3 dated May 16, 1996.
14) The concrete slab for the boat ramp shall be poured on an upland site and pushed into place once
hardened because wet cement is toxic to aquatic organisms.

Andrew D Rose Permit #165-96
Page 3 of 3
ADDITIONAL CONDITIONS
General
15) Prior to any construction, the permittee shall call for a site meeting with a representative of the
Division of Coastal Management in order to preclude misunderstanding of permit conditions.
16) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized
17) ,All excavated matenals shall be conf ned above=mean high water and landward of regularly orb
irregularly flooded marsh behind adequate'dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
18) A permanent ground cover sufficient to restrain erosion shall be provided on all exposed areas within
the shorter of 30 working or 120 calendar days after project completion.
19) Appropriate erosion and sedimentation control devices, measures, or structures shall be used to
prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
NOTE: The N.C. Division of Water Quality approved this project on October 30, 1996 under General
Water Quality Certification No. 3025.

e
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 23, 2005
Mr. Andrew D. Rose
406 Walking Stick Trail
Clinton, NC 28328
Dear Mr. Rose
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. Please sign both the original (buff -
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored
form), as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Enclosure
Sincerely, II
r7
Douglas V. Huggett
Major Permits and Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
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TO: Doug Huggett
THROUGH: Terry Moore 'If"
FROM: David Moye 06�'Y`—
DATE: 10 March 2005
SUBJECT: Transfer of Permit No. 165-96 originally issued to N. Henry and
Stuart B. Moore and transferred to Figure 8 Partners for
development at Riverside Park near Washington
Mr. Rudy Smithwick has requested a transfer of CAMA Major Permit No.
165-96 (see attached letters dated 18 February 2005 and 3 March 2005) originally
issued on 6 December 1996. The Permit was originally issued to N. Henry and
Stuart B. Moore for maintenance and widening of an existing canal, placement of
riprap, construction of a pier, access road, and boat ramp, and the construction of a
house onsite the Moore's property off SR 1309 at Riverside Park near the City of
Washington on the Pamlico River in Beaufort County. The permit has been renewed
three times and during that time Mr. Moore actively worked on the riprap part of the
project (he was doing the work by hand so it was progressing slowly). The permit
was transferred to Figure 8 Partners, LLC, with Mr. Rudy Smithwick and Mr. Jim
Spicuzza as the responsible parties. The pier has been built by Figure 8 Partners,
LLC. Mr. Smithwick is asking for the permit to be transferred to Andrew D. Rose
at 406 Walking Stick Trail, Clinton, North Carolina 28328. My recommendation is
that we transfer CAMA Major Permit No. 165-96 to Mr. Rose as requested. The
$100 check remitted to cover the requested transfer has been deposited.

W do
COMPANY
Mr. David Moye
NCDEHNR
Division of Coastal Management
943 Carolina Ave.
Washington, NC 27889
March 3, 2005
RE: Request to Transfer Permit
Permit No. 165-96
Dear Mr. Moye,
REAL ESTATE
With this letter we would like to request that the above CAMA Major permit be
transferred from Figure 8 Partners to Andrew D. Rose, et. al. We would like to
continue with what has not been finished on the permit. If you have any questions
please feel free to call me at 252-945-3315. Thanks for your help and assistance
with this request.
Sincerely,
uckman
1458 Carolina Ave.
FAX [phone] Washington, North Carolina 27889 Phone [phone]

02/18/2005 12:46 9106863949 SEACOAST PORTERSNECK PAGE 01/02
i
• 9
SEA COAS L 'rEALL'TY
Rudy A. Smithwick-REALTOR
8211 Market Street, Unit CC
Wilmington, NC 28411
Mobile [phone]
Toll Free [phone]
Fax (91o)686-3949
Name: David Moye
Orgudra ion: Division of Coastal Management
IF= 252.948-0478
From: Rudy Smithwick-Figure 8 Partners, LLC
Date: February 18, 2005
Subject: Permit Transfer Request
Pages: 2
Comments:
David,
Permit transfer request to follow. If you have questions feel free to call.
Regards -
CC: Zane Buckman 252-946-1692

02/18/2005 22:46 9106863949 SEACOAST PORTERSNECK PAGE 02/02
9211 MARKET STREET, UNrr CC
D WILMINGTON, NC 20411
BUa. (Big) mass
Tom FREE 1M043a•7211
SEA COAST REALTY FAX (sla) cesae4e
www,seame teelrymn
' emae • aeeaoe.+l®eeomeavaahymm
Mi. David Moye
NCDEUNR
Division of Coastal Management
943 Caroli=A•.'c.:
Washington, NC 27889
February 18, 2005:
R1;: Request to Tronsfer Permit
Permit No.10-96
Dear Mr. MOM
With the following letter are are requesting the above CAMA Major permit be transferred
to the new owners of the lot located at Riverside Park As the former owners, we give
consent to yow office to usmfer the permit to Andrew D. Rose, et. al.
Work bas not yet been completed on this permit and the new owner would like to
continue work as permitted.
Please feel free to contact me at 910-6124853 if you have any question& hanks for
your help and assistance with this request»
Regards- Q
D.i,, a QMi4hwi�n'lt'I_.
Figure 8 Partners, LLC
CC: Zane Buckman
Each Office Is IndependeMy Owned end Operated.