70-05 Minor Mod. 02/2006

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Permit Class Permit umber
MODIFICATION/1VHNOR 70-05
STATE OF NORTH CAROLINA FEB 1 4 2001,
Department of Environment and Natural Resources
and Morehead City UCM
a Coastal Resources Commission
rrintrt COPY
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229 .
Issued to James Migliore, 135 Masonic Drive,Elkin,NC 28621
Authorizing development in Carteret County at Neuse River, Sandy Point Drive, Lot 31,
Merrimon Township , as requested in the permittee's letter dated 12/14/05, including the
attached workplan drawing (1), dated 12/13/05.
This permit, issued on February 3,2006 , 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.
Shoreline Stabilization
1) Accept as altered herein, this permit authorizes construction of the 310 linear ft. of bulkhead and the
placement of 310 linear ft. of riprap to extend a maximum of 5 ft. waterward of the retaining wall.
2) The alignment of the permitted bulkhead and riprap shall be staked by a representative of the
Division of Coastal Management within a maximum of 30 days prior to the start of any construction.
Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather
conditions shall require the alignment to be re-staked by DCM within a maximum of 30 days prior to
the new expected start of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
:. This permit shall be accessible on-site to Department ; /
personnel when the project is inspected for compliance.
f
f Any maintenance work or project modification not covered es S. Jones, Director
DivisionCoastal of Management
hereunder requires further Division approval.
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
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James Migliore Permit#70-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) The bulkhead shall not extend waterward more than 5 feet from the erosion escarpment at any point
along its alignment, and shall average a maximum distance of 2 feet from the erosion escarpment at the
time of construction.
4) The alignment of the proposed riprap shall not extend 5 feet waterward the alignment of the approved
bulkhead.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the Y..
structure.
7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation or other land disturbing activities
is permitted except for that which may be required for the construction of the bulkhead wall, riprap,
k deadmen cables, etc. This permit does not authorize any excavation waterward of the approved
alignment.
8) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
9) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete.
10) The backfill material shall be clean and free of any pollutants except in trace quantities.
11) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
12) No backfilling shall take place within any area of vegetated wetlands.
Sedimentation and Erosion Control
13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.

James Migliore Permit#70-05
Page 3 of 3
ADDITIONAL CONDITIONS
General
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
x opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be madeagainst the United States or the state of,North Carolina on account of any such
removal or alteration.
16) No vegetated wetlands shall be disturbed, excavated, or filled, even temporarily, without permit
modification.
17) This modification shall be attached to the original of Permit No. 70-05, which was issued on 5/12/05,
and copies of all documents shall be readily available on site when Division personnel inspect the
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project for compliance.
18) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.
£ 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. The permittee is further advised that, in accordance with the
rules of the Environmental Management Commission, many non-water dependent activities are
not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands.
Contact the Division of Water Quality at(252) 946-6481 for this determination.
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AF7*A -
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
February 6, 2006
James Mighore
135 Masonic Drive
Elkin,NC 28621
Dear Mr. Migliore:
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 Xerox stamped "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 276 1 1-67 14, [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.
Sincerely,
Douglas V. Huggett
Major Pemuts and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post'consumer Paper

Permit# 10
DCM Coordinator:
�IAiLIN G DISTRIBUTION:
Permitee: SNaj aPe_ . I`3( usvm(-D;Vt, PAS 4 �O_ I
Agent: ,� f r �1nJa i fr7 n �n �(e P�a�, Twv
DCM Field Offices: /✓lc(r? <i�l , /�(- 2 o o
Elizabeth Ci
ore ea City
as to
Wilmington
US Army Corp ngineers(USACE):
ashington: Mike Bell(NCDOT)
iddlecome(NC 'T)
Raleigh B1
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)
Wildlife Resources: Maria Tripp
StWL rrcrHgr�
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FACING 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(910/251-4025)
CANIA Major Permit Process Manual Page 70 of 70

ALF
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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..Secret�ry
CERTIFIED MAIL October 26, 2007
RETURN RECEIPT REQUESTED
Mr. James Migliore
135 Masonic Drive
Elkin, NC 28621
Dear Mr. Migliore:
This correspondence is in reference to your request of October 15, 2007, wherein you propose
to amend State Permit#70-05, which is set to expire on 12/31/08. The original permit authorized the
construction of a single-family residence and shoreline stabilization adjacent to the Neuse River at 468
Sandy Point Drive in Beaufort.
Your request is to construct an in-ground swimming pool adjacent to the parking pad and
outside of the delineated Section 404 Wetlands on your property. The structure with skirt/decking will
be located a minimum of 50' from the landward limit of the coastal wetlands, and will be approximately
1600 sf in size. The proposed structures are depicted on plats dated received October 17, 2007.
I agree with DCM Field Representative Brad Connell in his determination that the proposed is
consistent with the original intent of State Permit#70-05, and is in keeping with the General and
Specific Use Standards found in 15A NCAC 07H .0209. Please consider State Permit#70-05 refined
to include the above-described development by way of this letter. Note that this refinement must be
attached to the original permit for Division inspection, and all other conditions of the original permit
still apply.
I appreciate your efforts to comply with the permit requirements of the Division and if you have
any questions, please do not hesitate to contact me at 252-808-2808.
Sincerely,
Tere Barrett
District Manager, DCM MHC
cc: Ted Tyndall, Assistant Director, DCM
Doug Huggett, Major Permits Coordinator, DCM w/attachments
Brad Connell, Field Representative, DCM
Janice Heyland, LPO, Carteret County w/attachments
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%a Post Consumer Paper

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o Mr. James Migliore
135 Masonic Drive
` Elkin, SIC 28621

RCDENR
North Carolina Department of Environment and Natural Resource
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
DATE: October 22, 2007
TO: Doug Huggett
THRU: Tere Barrett
FROM: Brad Connell
SUBJECT: James Migliore, State Permit #70-05
Please find enclosed a letter from Mr. James Migliore requesting a permit modification. State
Permit#70-05 was issued on May 12, 2005 for the construction of a single-family residence and
shoreline stabilization at 468 Sandy Point Drive on Neuse River in Beaufort, Carteret County.
The permit is set to expire on December 31, 2008.
The applicant wishes to construct an in-ground swimming pool for private use. The pool area
will be approximately 1,600 square feet of new impervious surface outside of the AEC.
I would recommend issuing the refinement to State Permit#70-05 provided that the development
take place 50' landward of any coastal wetlands.
Cc: Ted Tyndall, DCM
David Timpy, USACE
Enclosure
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

James G. Migliore
135 Masonic Drive
Elkin, N.C. 28621
October 15, 2007
Mr. Brad Connell sly
NCDENR O C a 1 7 ZOO l
400 Commerce Avenue
Morehead City, N.C. 28557 Mor®heaci City DCM
Dear Brad: 1Yf
Re: Lot 31, 468 Sandy Point Drive, Beaufort,N.C. Permit# 70-05
Thank you for your telephone message of last Friday, during which you suggested, I send
to you the location of the proposed in-ground swimming pool.
Enclosed please find the following:
1. A copy of a plan I had submitted for approval for a keystone wall. I submit this as it
accurately shows the dwelling unit, driveway, etc.
2. A copy of a 1" =40' scale of the proposed pool location.
Steve Lane had originally visited the property to determine the location of the 404
wetlands so that I knew where to install the driveway. As you can see form the drawing,
as it relates to where I was allowed to install the drive, there is a substantial difference in
distance from where the wetlands are depicted and where the 404 wetlands exist. I
therefore believe that I will not be encroaching on the wetlands buffer with the proposed
pool location.
Please review the above and contact me at(336) 466-1333 should you have any questions
or should you want to schedule a time during which we can meet on site.
Thanks for your help and consideration in this matter.
Regards,
Jim Migliore

James G. Migliore
135 Masonic Drive
Elkin, N.C. 28621
October 15, 2007
Mr. Brad Connell
NCDENR 0 C T 1 7 2001 v
400 Commerce Avenue
Morehead City, N.C. 28557 Morehead City pCM
Dear Brad:
Re: Lot 31, 468 Sandy Point Drive, Beaufort,N.C. Permit# 70-05
Thank you for your telephone message of last Friday, during which you suggested, I send
to you the location of the proposed in-ground swimming pool.
Enclosed please find the following:
1. A copy of a plan I had submitted for approval for a keystone wall. I submit this as it
accurately shows the dwelling unit, driveway, etc.
2. A copy of a 1" =40' scale of the proposed pool location.
Steve Lane had originally visited the property to determine the location of the 404
wetlands so that I knew where to install the driveway. As you can see form the drawing,
as it relates to where I was allowed to install the drive, there is a substantial difference in
distance from where the wetlands are depicted and where the 404 wetlands exist. I
therefore believe that I will not be encroaching on the wetlands buffer with the proposed
pool location.
Please review the above and contact me at(336)466-1333 should you have any questions
or should you want to schedule a time during which we can meet on site.
Thanks for your help and consideration in this matter.
Regards,
��✓X
Jim Migliore

r ,
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
MEMORANDUM: fit/l41�o-vb
TO: DOUG HUGGETT
THRU: TERE BARRETT �)I)
FROM: STEPHEN LANE-Je'
SUBJECT: MINOR MODIFICATION REQUEST - CAMA MAJOR PERMIT #70-05,
JAMES MIGLIORI, CARTERET COUNTY
DATE: January 20, 2006
Please find enclosed a request dated December 14, 2005 from Mrs. Ginger Turner,
authorized representative for James Migliori to modify State Permit #70-05. This permit
was originally issued to Mr. Migliori on May 12, 2005 for the construction of a single-family
dwelling, driveway, and parking lot. The permit is valid thru December 31, 2008.
Mrs. Turner proposes that the permit be modified to allow for the construction of 310 linear
feet of retaining wall with five feet of rip rap immediately waterward of the proposed
retaining wall. The retaining wall and rip rap are proposed to be located landward of an
existing beach along an existing storm escarpment.
The proposed retaining wall and rip rap would fill 2,170 square feet of estuarine beach.
Mrs. Turner has submitted the required $100 fee with her request and a copy of the check
is attached. I have determined the request for the minor modification of the permit is
consistent with the 07H .0208 and .0209 rules of this Division and independently would
qualify for a general permit under the 07H .1100 rules. Therefore, I have no objections to
the proposal with reference to the attached drawing dated 12/13/05, if all existing
conditions remain valid unless modified herein.
Cc: Raleigh Bland, USACE, Washington
400 Commerce Avenue, 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

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.S STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA TWO
151-A HWY 24
MOREHEAD CITY,NORTH CAROLINA 28557
[phone]
December 14, 2005
Mr. Stephen Lane
NC Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
RE: Sandy Point Drive, Lot 31
Major CAMA#70-05
Minor Modification Request
Dear Mr. Lane,
Attached you will find a drawing of the above referenced project and a$100.00
Minor Modification fee for the proposed addition of approximately 310 linear feet of
keystone retaining wall (keystone) with riprap along the waterside of the Neuse River.
This wall is being requested to regain a portion of the shoreline lost during the storms of
this past year. It is noted as for the location and alignment of this wall to be determined
by a representative of your Division before construction. If you have any questions or
concerns, please do not hesitate to contact me.
Sincerely,
Ginger Turner, El
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY.24
GREENVILLE, NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

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