165-96 TX Figure 8 Partners LLC

Permit Class Permit Number
TRANSFER 165-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and COPY
Coastal Resources Commission
E� �1 ikrmft
for
Morehead City Dajor Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Figure 8 Partners, LLC, Mr. Rudy Smithwick & Mr. Jim Spicuzza, 821 Market St, Unit CC, Wilmington, NC 28411
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 worknlan drawings listed in condition No. 1
This permit, issued on January 4, 2005 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 will 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 will be excavated as shown on revised plat No. 3 dated October 30, 1996.
All spoils must be placed on high ground.
(See Attached Sheets for Additional Conditions)
This permit action may be appealed by the pemtittee 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, 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.
v t7
iCharles ones, Director
vision of Coastal Management
This permit and its conditions are hereby accepted.
�uuya'
Signature of Permittee

Figure 8 Partners, LLC.
Permit #165-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) Jexcavation that will be allowed in regards to the canal widening is that which is shown on
revised plat No. 2 dated October 30, 1996. All spoils must be placed on high ground.
4) The proposed canal maintenance excavation and the proposed entrance channel excavation will
coincide with plat No. 2 dated May 16, 1996 and will not exceed 4.0 feet at NWL.
Bulkhead and Riaran Installatoin
5) All wooden bulkheads which are to be placed waterward of wetlands must be constructed no higher
than the adjacent wetlands and can not be backfilled.
6) All bulkhead and/or riprap alignments must be staked by a representative of DCM prior to its
construction.
7) The placement of riprap or a wood bulkhead will not exceed the limitations as shown on plat No. 4
dated May 16, 1996.
8) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
9) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient
to prevent its movement from the site from wave or current action.
10) The riprap material must 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.
Bridee
11) No culvert will be placed within the canal. Instead, access will be gained by a bridge as shown on
revised plat No. 3 and revised plat No. 5 dated October 28, 1996. The bridge will have a minimal
clearance of 6.0 feet above the NWL at the lowest part of the bridge. The minimal amount of
horizontal clearance will be 12.0 feet.
Pier and Groins
12) The proposed pier and groins must 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 Ramo
13) The proposed boat ramp will 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 must be poured on an upland site and pushed into place once
hardened because wet cement is toxic to aquatic organisms.

Figure 8 Partners, LLC. 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 pennit.conditions.
16) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
17) All excavated materials will be confined 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 will 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 will 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.F 3025:

Permit Class
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
V e r m it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
165-96
Issued to Figure 8 Partners, LLC, Mr. Rudy Smithwick & Mr. Jim Spicuzza, 821 Market St, Unit CC, Wilmington NC 28411
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. Uplicant
letter for revision dated 10/31/96, including attached workplan drawings listed in condition No. 1
This permit, issued on January 4, 2005 , 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 will 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 will be excavated as shown on revised plat No. 3 dated October 30, 1996.
All spoils must 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 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, 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.
i cnartessa: cones, iilrecror
rvision of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

Figure 8 Partners, LLC.
ADDITIONAL CONDITIONS
Permit 0165-96
Page 2 of 3
3) The only excavation that will be allowed in regards to the canal widening is that which is shown on
revised plat No. 2 dated October 30, 1996. All spoils must be placed on high ground.
4) The proposed canal maintenance excavation and the proposed entrance channel excavation will
coincide with plat No. 2 dated May 16, 1996 and will not exceed 4.0 feet at NWL.
Bulkhead and Riprati Installatoin
5) All wooden bulkheads which are to be placed waterward of wetlands must be constructed no higher
than the adjacent wetlands and can not be backfilled.
6) All bulkhead and/or riprap alignments must be staked by a representative of DCM prior to its
construction.
7) The placement of riprap or a wood bulkhead will not exceed the limitations as shown on plat No. 4
dated May 16, 1996.
8) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
9) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient
to prevent its movement from the site from wave or current action.
10) The riprap material must 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 will be placed within the canal. Instead, access will be gained by a bridge as shown on
revised plat No. 3 and revised plat No. 5 dated October 28, 1996. The bridge will have a minimal
clearance of 6.0 feet above the NWL at the lowest part of the bridge. The minimal amount of
horizontal clearance will be 12.0 feet.
Pier and Groins
12) The proposed pier and groins must 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 will 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 must be poured on an upland site and pushed into place once
hardened because wet cement is toxic to aquatic organisms.

Figure 8 Partners, LLC.
ADDITIONAL CONDITIONS
General
Permit #165-96
Page 3 of 3
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 materials will be confined 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 will 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 will 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 # 16 S - 9 b
DCM Coordinator: au.we_0
MAILING DISTRIBUTION:
Permitee: gvSe $ Qar\+�exa 1LLC— — FaX A4
ryas\ t°
Agent:
DCM Field Offices:
Elizabeth City
Morehead Ci
Washington
Wilmington
US Army Corps of Engineers (USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (N OT)
Raleigh Bland
Wilmington:
Dave Timpy (NCDOT)
Henry Wicker
Others:
Cultural Resources:
Renee Gledhill -Early
Environmental Health:
Terry Pierce
Marine Fisheries:
Mike Street
NCDOT:
Ken Pace
Shellfish Sanitation:
Patty Fowler
State Property Office:
Joseph Henderson
Water Quality:
Cyndi Karoly (for non -DOT)
John Hennessy (NCDOT)
Water Resources:
John Sutherland
Wildlife Resources:
Maria Tripp
Bennett Wynne
David Cox (NCDOT)
Travis Wilson (NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City (252/264-3723)
Morehead City (252/247-3330)
Washington (252/948-0478)
Wilmington (910/350-2004)
US Army Corps of Engineers (USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland (252/975-1399)
Wilmington: Dave Timpy (NCDOT)
Henry Wicker (9101251-4025)
SLI 11�tke�t 5{ l(,:J CC,uC-
28y11
CAMA Major Permit Process Manual Page 70 of 70

QMA
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Figure 8 Partners, LLC
CIO Rudy Smithwick and Jim Spicuzza
821 Market Street Unit CC
Wilmington, NC 28411
Dear Messrs. Smithwick and Spicuzza:
Charles S. Jones, Director William G. Ross Jr., Secretary
January 4, 2005
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
PSincerely, 1�
f 1 e k
Douglas V. Huggett
Major Permits and Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
AkrnwA
. ea
NCDENR
NORM GAIXIw 0f mM E OF
ENYIROuwE.V(INO N.RIIRAI RCSWRCES
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO: f 4695. GGC
OFFICE:
TELEPHONE #:
FROM: � 6el
FAX #: r,/0 ] tok& - 39419
OFFICE: DIVISION OF COASTAL NiANAGENI NT
RE: 'lemErnge roe �EenllnS-9Co
DATE SENT: DI f 4 %Q5
TOTAL NUMBER OF PAGES INCLUDIN OV R SHE T:

1 ,✓- t (I t �1� � �� V 7�
DEC 0 8 2004
MEMORANDUM
Morehead City D��+
TO: Doug Huggett
THROUGH: Terry Moore/
FROM: David Moye
DATE: 1 December 2004
SUBJECT: Transfer of Permit No. 165-96 issued to N. Henry and
Stuart B. Moore for development at Riverside Park
near Washington
Mr. N. Henry Moore has requested a transfer of CAMA Major
Permit No. 165-96 (see attached letters dated 28 October 2004 and 28
November 2004) originally issued on 6 December 1996. The Permit was
originally issued 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 has actively worked on the riprap part of the project
(he was doing the work by hand so it was progressing slowly). Mr. Moore
is asking for the permit to be transferred to Figure 8 Partners, LLC, with
Mr. Rudy Smithwick and Mr. Jim Spicuzza as the responsible parties. My
recommendation is that we transfer CAMA Major Permit No. 165-96 to
Figure 8 Partners, LLC as requested. The $100 check remitted to cover
the requested transfer has been deposited.

Mr. David Moye
NC DEHNR
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
October 28, 2004
Re: Request to Transfer CAMA Major Permit
Permit No. 165-96
Lot at Riverside Park
Washington, NC
Dear Mr. Moye,
The purpose of this letter is to request the above referenced permit be transferred due to a
recent sale of the property. As the former property owner, I give consent to your office to
transfer the above permit to the purchaser who is Figure 8 Partners, LLC (Rudy
Smithwick/Jim Spicuzza-Operating Partners).
Work has commenced on the project site in accordance with the said permit, however the
work has not been completed to date. Mr. Smithwick and Spicuzza indicate they would
like the opportunity to continue working as per the conditions of the pewit.
Please feel free to contact me, or Mr. Smithwick and/or Mr. Spicuzza if any additional
information is required to process this request. Thank you for your assistance with this
request.
Sincerely,
/ j►
Moore'

SEA COAST REALTY
November 28, 2004
Mr. David Moye
NC Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
RE: Permit No. 165-96
N. Henry Moore Property
Riverside
Dear Mr. Moye,
8211 MARKET STREET, UNIT CC
WILMINGTON, NC 28411
BUS. [phone]
TOLL FREE 1.600-435.7211
FAX [phone]
www.seacoastrealty.com
email - [e-mail]
As we recently discussed, I am requesting that the Division transfer the above
permit to Figure 8 Partners, LLC.
The title to the property was conveyed to this partnership on October 28, 2004.
Mr. Moore previously provided the Division with a letter authorizing the transfer of
the permit. .
I am enclosing a check in the amount of $100 payable to the Division for this
transfer. Please notify me if we need to take any further steps to process this
request.
Thank you for you assistance and efforts.
7
Rudy Smithwick
Partner.
Figure 8 Partners, LLC
910-612-4853
Each Office is Independently Owned and Operated.

Permit# /45-- 76
DCM Coordinator: c/S
MAILING DISTRIBUTION:
Permitee• Vp- — — —
DCM Field Offices:
-EzabedrEi
Morehead City
Washington
w�
US Army Corps of Engineers (USACE):
Washington:
(NeOff)—
Bill Biddlecome)
Raleigh Bland
Wilmington: �jeve Tim OT)
Others:
Cuftmt y
ev r y s
1�iGDOT: n b r 1
Shellfish Sanitation: Patti Fowler
on
Water?ttalityi
OT)
War n � 1x.h - -- d
Wildh& Recnnrrec• David MrHensy
one
avt T)
T)
at
Agent at
DCM Field Offices:
Blr��
Morehead City
Washington
US Army Corps of Engineers (USACE):
Washington: )
t OT)
Raleigh Bland
Wilming . Dave Timpy (NCD T)
c ter
Updated as =8/03