130-05 Whitehurst, Graham

Permit Class Permit Number
NEW 130-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Graham Whitehurst, 4.500 Norman Rd., Portsmouth VA, 23703
Authorizing development in Washington County at Albemarle Sound, off SR 1344, Newberry
Landing Rd. , as requested in the permittee's application dated 5/19/05 . including the
attached workplan drawings (3), all dated 5/19/05.
This permit, issued on August 11,2005 , 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.
Shoreline Stabilization
1) The authorized alignment of the bulkhead shall be constructed in a straight line between the corners of
the two adjacent bulkheads.
2) The bulkhead shall be constructed prior to any backfilling activities.
3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
(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
t 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 ` / l
personnel when the project is inspected for compliance.
2 Ch e S. Jones, Director
Any maintenance work or project modification not covered
hereunder requires further Division approval.
Division of Coastal Management
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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[4)
am Whitehurst Permit# 130-05
Page 2 of 3
ADDITIONAL CONDITIONS
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 shall be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the approved
alignment without permit modification.
5) The backfill material shall be clean and free of any pollutants except in trace quantities.
6) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
7) 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.
8) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Pier
9) This permit authorizes only the 6 ft. x 48 ft. pier, the 16 ft. x 16 ft. platform, the two 3 ft. x 16 ft.
stepdowns, the single pile supported jet-ski lift, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application dated 5/19/05 and attached
workplan drawings dated 5/19/05. No other structure, whether floating or stationary, shall become a
permanent part of this pier without permit modification. No non-water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
10) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel
line that intersects with the shore at the point where the upland property line meets the water's edge.
11) No attempt shall 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.
12) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
13) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.

Y
Graham Whitehurst Permit# 130-05
.f Page 3 of 3
ADDITIONAL CONDITIONS
14) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
15) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
16) This permit does not authorize the creation of any permanent boat slips other than the approved jet-ski
lift. The addition of tie-downs, pilings, or boat slips shall require modification of this permit. Contact a
f DCM representative at(252) 946-6481 to request this authorization.
General
4.
17) 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
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 made against the United States or the state of North Carolina on account of any such
removal or alteration.
18) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
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 many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 05-0965), which was issued on 7/13/05.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
1980000291 (COE Action Id. No. 200511219) which was issued on 8/2/05.

Akn-'WA
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
August 12, 2005
Graham Whitehurst
4500 Norman Road
Portsmouth,VA 23703
Dear Mr.Whitehurst:
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.
Sincerely,
Douglas V.Huggett
Major Permits 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

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Graham Whitehurst
2. LOCATION OF PROJECT SITE: Washington County, off SR 1344, at Newberry Landing, on the south
side of Albemarle Sound near Roper,North Carolina
Photo Index— 1989, 1-64(25), H-4 1995, 133-1412, F-4 2000, 133-1559, U-3
State Plane Coordinates -X: 2,751,200 Y: 816,300
Leonards Point Quadrangle - Upper Left Corner
3. INVESTIGATION TYPE: CAMA &Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 11 May 2005
Was Applicant Present—Yes
5. PROCESSING PROCEDURE: Application Received—23 May 2005
Office—Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan— 1994 Washington County Land Use Plan
Land Classification From LUP—Conservation(water), Rural (land)
(B) AEC(s) Involved: Estuarine Water, Public Trust Area and Coastal Shoreline
(C) Water Dependent: Yes
(D) Intended Use: private.
(E) Wastewater Treatment: Existing— Septic Tank
Planned—N/A
(F) Type of Structures: Existing—house, remnants of bulkhead and pier
Planned -bulkhead, pier, 2-finger pier,jet ski lift
(G) Estimated Annual Rate of Erosion: ±2' to f4'excluding catastrophic event such as Hurricane Isabel
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(404)
(B)Non-Vegetated Wetlands t 3,250 ftZ ±640 ftz
River Bottom Shaded
(C) Other (Uplands)
Slope/Grade/Seed
(D) Total Area Disturbed: t3890ft2
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant proposes to bulkhead and backfill f 17l'of shoreline.The applicant
also proposes to construct a±6'by f48'pier with 2-±3'by±16' step-down platforms with a±16'by±16' T-
head platform at the terminal end of the pier.A single pile supported jet ski lift is also proposed to be located
adjacent the bulkhead.

Graham Whitehurst
Washington County
Project setting
The project site is located off SR 1344 at Newberry Landing on the south side of the
Albemarle Sound near Roper in Washington County,North Carolina.The site is a.5-acre residential
lot. Historically,there has been a bulkhead at the project site,but it has virtually been destroyed by
natural elements. Since the time the bulkhead was damaged the shoreline has experienced severe
erosion. The average erosion escarpment is±19' landward of the previous bulkhead.
Man-made features on the lot consist of a house,remnants of a bulkhead and pier.The lot is
mostly vegetated with lawn grasses,ornamental shrubs,loblolly pines and various hardwoods.Both
adjacent properties on the downstream (east) side and upstream (west) side are developed lots. A
residence and bulkheaded shoreline are located on both properties. The project site is approximately
4 feet above normal water level.
The Albemarle Sound is classified as SB by the Environmental Management Commission at
the project site. The Albemarle Sound is Coastal waters and is not open to shell fishing.
Project description
The applicant proposes to bulkhead and backfill f 171'of shoreline on the same alignment as
the upstream and downstream bulkheads. This alignment will place the bulkhead on average±19'
waterward and a maximum distance of±26'waterward of the normal water level. The applicant also
proposes to construct a±6'by t48'pier with 2-f3' by±16'step-down platforms with a±16'by±16'
T-head platform at the terminal end of the pier. Also proposed is a single pile supported jet ski lift,
which is to be located adjacent the bulkhead.
Anticipated impacts
The construction of the bulkhead and installation of backfill as proposed will result in the
filling of approximately 3,250 ft2 of sound bottom. The construction of the pier, finger piers, and
platforms will result in the shading of±640ft2 of sound bottom. The project will result in localized
turbidity as a result of the construction of the bulkhead and pier structures.
Kelly Spivey—23 May 2005

APPLICATION
(To be completed by all applicants) ,
b. City, town, community or landmark
1, APPLICANT
c, Stream address or sewn ary road number
(f-f 5R 1344 A�,�b,:aay t�a Jena �d.
a, Landowner: •
� -'r d. Is proposed wont wiY� city limits or planning
►�s
Name - 1-lr9m jurisdiction, k No
Address +SOO Name of body of water nearest project (e•g, river,
creek, -sound, bay) �A�bema�l�. SouNd
City Po xi-S State
Zip ';L3.703 Day Phone
5�- �85• g$1�
-151 r 8 - 8 q 7 3. DESCRIPTION AND PLANNED USE
Fax OF PROPOSED PROJECT
b, Authorized Agent;
a. List all development activities you propose (e.g.
Name building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address for tptAci bulkhim I'l w a+I, AM
p-F I Ct t j,,-�tt0,LJA Z& o f' NWL 5 -r,
City State } g'd�s. CD/SSIRMGtS'7��V�d Tod•
p� P nfa
dolt Is
Zi Day Phone b. Is tta �t� sal ag tnaLntenance of an ezistir.2
P project, new work, or both? &+Ii
Fax c. Will the project be for public,private or commercia
'---- -_ .- ..____. • _._...- —.._use?._ R1�A'I'E.
Proj7—r-a--
c. ) �t p �—
d. Give a brief description of purpose, use, methods o
construction and daily operations of propose
project. If more space is needed, please atzacl
No issued ' narrse of landowrur(s), and/or additional pages.
project name. CONg{';�1�eJE" by1K1��cAd proet Pt�lZ
b y,prst�oo�A m�-l-hod•
I „a.woad a b WVJ%,4d
?, LOCATION OF PROPOSED bac��•°� ��cRdtR.
�u1 'ks'ac� 4 bE Lkvi'l 04s Qk0t&4e,,
PROJECT _ 2,5, Sc Ro s Co N .
1� c Q SKI
V
a, County J Pr�1��t3 GTD n1 Swnb�:r�-T �,� N Q, Crr.�•6��r--�--fc.�`"
Rerised �s/

6
Y
Form DCM-MP-1 ,
m. Describe existiMew ater treatment facilities.
4. LAND AND WATER 5£P+«
CEL4RACTERISTICS
a. Size of entire tract -5 A c.A E n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
SASE �s �booti wastewater, industrial/commercial effluent, "wash
b, Stze of individual lots) down" and residential discharges.)
c, Approximate elevation of tract above MHW or
5tn(��Pre.Fs e�,u.P10-�-�
- 3.5 ' ±NWL
o•. Describe existing drinking water supply source.
d; Soil type(s):
and texture(s)..of tract...- - __. u-F-v -,v�l R-t4rZ
_�FtN d y vs rNh Some, c.I A%4 _
�"2665 PEv�rJ
e, Vegetation on tract PiA� (
. ..
at R ASS�s o cta Pkey t'� s Rubs
f, Man-made features now on tract S. ADDITIONAL MORMATION
g. What is the CAMA Land Use Plan land in addition to the completed application form, the
classification of the site? (Consult the lo�lmsd uJe PL'•) following items must be submitted:
Conservation Transitional 0 A copy of the deed (with state application only) or
Developed Community other instrument under which the applicant claims tide
Rural ._.—Comer to the affected properties. If the applicant is not
claiming to be the owner of said property, then
h. How is th Stract zoned by local.government7 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable
from the owner to carry out the project, •
zoning? =Yes No • An accurate, dated work plat (including plan view
(Anach zoning cbrTu=ie eenticale, if applicable)
_ -----•-------and-cress-s;°,�ioaal-drawings)-dr-awn-to-sc_lin hi?:'r
j, Has a professional archaeological assessment been ink -on an
Coy
m o
//2' Coi1V white
p er.* (Refer
forts
done for the tract? Yes , �._No Coastal R
If yes, by
whom? detailed description.)
please note that original drawings are.preferred and
k, Is� the project located is a. National Registered onlyhigh qualitycopies will be accepted, Blue-line
Historic. District or• does: it involve a National prins or other larger plats are acceptable only if an
Register listed or eligible property? adequate number of quality copies are provided by
Yes No applicant, (Contact the U.S, Army Corps of
1. Are there wetlands on the site? Yes ✓No Engineers regarding that agency's use of larger
Coastal (marsh) drawings.) A site or location map is a part of plat
es has a delineation Other
____ requirements and it must be sufficiently detailed to
If y guide agency personnel unfamiliar with the area to the
(�rrach do=nvntarian, V available)
Revised 0313a

Form DCM-MP-1
site. Include highway or secondary road. (SR) 6. CERTIFICATION AND PERMISSION-
numbers,
landmarks, and the like. IFITO ENTER ON LAND
0 A Stormwater Certification, if one is necessary.
0 A list of the names and complete addresses of the I understand that any permit issued in response to this
son landowners and application will allow only the development described in
adjacent waterfront (riparian) the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained in the permit.
have received a copy of the application and plats
by certified mall. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal approved Coastal Management Program and will be
Management. Upon signing this form, the applicant conducted in'a manner consistent with such program,
further certifies that such notice has been provided. -
©� R F4 A.p I certify that I am authorized to grant, and do in fact
Naive rant eraussion to representatives of state and federa
Address �e,� 14,2a L.A +n p
fie, � C N , a�►`1-10 review agencies to ester on the aforementioned lands in
connection with evaluating information related to thi;
Name f%h.%J permit application and follow-up monitoring of th,
Address E bk ' project.
C.1%Es-tq,rL4- Fl a3S31
I further certify that the information provided in thi
Name application is truthful to the best of my knowledge.
Address
Phone This the 1 q day of 200/.
A list of previous state or federal permits issued for work on on the= project tract. Include permit numbers, Print Name
Permit-ae, and issuing dates.
_ • / / Signature
/y/ Lartdawner or Ausharized Agrnt
Please indicate attachments pertaining to your propos
• A check for $250 $4G0 $475 made - project. -
payable to the Department of Environment &
Natural Resources (NCDENR) to cover the f DCM Mp-Z Excavation and Pill Information
costs of processing the application. DCM MP-3 Upland Development
_Z DCM M94 Structures Information
• A signets AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-b Marina Development
• A statement of compliance with. the N.C. NOTE: Please sign and date each anachmenl in
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at rFx bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with t_-ha No:th Carol.Za
Environmental Policy Act.
400 cop m
co-Dies of this public docuent were printed at a total cost of S52.48 or S .13 per copy.
ReYL-.d 03191

Form DCM-MP-2
EXCAVATION
FILL
AND .
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major ��
Permit, Form DCM-MP-I. Be sure to complete all 1. EXCAVATION
other sections of the Joint Application that relate to this
- - -proposed-project.- - - - - - - - - - -
a. Amount of material-to be excavated froth below
Describe below the purpose of proposed excavation or
hirIW or NW]- in cubic yards
fill activities. All values to be given in feet. b. Type of material to be excavated
Average Flaal
Length Width idstIDept Dept c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
Access (SAVs) or other wetlands? Yes No
channel
(MLw) or(NWL) d. Flighground excavation in cubic yards
Canal
3. DISPOSAL OF E"KCANATED
Boat MATERIAL All-19
basin
a. Location of disposal area
Boat
ramp
b. Dimensions of disposal area
Rock
groin ' c. Do you claim title to disposal area?
4� Yes No
Rock `F 'f* ° If, no, attach a letter granting permission from the
"'
breakwater '> ', owner.
d. Will a disposal area be available for future
Other maintenance? Yes No
(Excluding If yes, where?
shoreline
etahil'zation)
RevLsed 03/95

Form DCM-MT-2
e. Does the disposal area include any coastal wetlands If yes, Amount of material to be placed in the
(marsh), SAVs cc other wetlands? ( )
Yes No water
(2) Dimensions of fill area
f. Does the disposal include any area to the water? (3) Purpose of fill
Yes ___,- No
b. Will fill material be placed In coastal wetlands
3, SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
Yes No
If yes,
a. Type of shoreline stabilization (1) Dimensions of fill area
,__Bulkhead Riprap
� (2) Purpose of fill
b. Length — 171 ,
c. Average distance waterward of MHW or NWL
5, GENERAL
d, Maximum distance waterward of MHW or NWL
a. How will excavated or fill material be kept on site
Shoreline duduringweding 12 months and erosigqn controlled? a�K-<<t will No+
e.
_ o b�. d�li� �Nc4 u`t 14cE uNtl1
(Source of information) PEa5oN,4� Ob$EPA1_A-rjbri bLJv.
Ear►-�-+ru r�a1 y -Vt 6,' -
f. Type of bulkhead or riprap material -
W Do d EN b t,1 k /'14 4 d b. What type of construction equipment will be used
(for example, dragtine, backhoe, or hydraulic
g, Amount of fill in cubic yards to be placed below dyed e)? �c� tb,gd tie
water level
(1) Riprap G
(?) Bulkhead backftll 3
c, Will wetlands be cr3ssed in transporting equipment
No
h. Type of fill material SANd to project site? — Yes If yes, explain steps that will to lessen
environmental impacts.
i. Source of fill material o�f 5i�
rZ, C�-
a, OTHER FILL ACTIVITIES 4,q �opu�c ar proae�tme(Excluding Shoreline Stabilization)
signature
a. Will fill material be brought to site? —l°I —0 S
Yes No i>a�
Revised 03195

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial _,Community—Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community✓Private
(2) Number
(3) Length (4) Width of water body
- -(4)-' Width 6t- - (5) Distance buoy(s) to be placed beyond
(5) Finger Piers ✓ Yes No shoreline
(i) Number 2- ��}'SKi IIT}
(ii) Length /6 f. Mooring structure (boatlift, mooring ilings, tc.)
(iii) Width 3 (1) Commercial _Community rivate
(6) Platform(s) ✓ Yes No (2) Number 1
(i) Number 1 (3) Length as
(ii) Length /(11 (4) Width In "
(iii) Width /!v'
(7) Number of slips proposed / g. Other (Give cornpleu description)
(8) Proximity of structure to adjacent riparian —1;1nO i S4 0 -f -J 'SKr
property lines — qD �C - 8� •AccN +h
(9) Width of water body :' 3 m l I E s O-QmPoS LiH- wit)
(10) Water depth at waterward end of pier at be., dFsl<iNEd -ham 6wr.4S oufcR
MLW or NWL 1- 3.5 '
b. Boathouse (including covered lifts) n/1/4
(1) Commercial Private
(2) Length rj2A►�An. l����"� kP�sfi
(3) Width APpkant or Project Name
c. Groin (e.g. wood, sheetpile, etc.) N1 signature
(1) Number 5-1 o+ - t05
(2) Length(s) t?ate
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, N'WL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
ReNised 03/95

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Graham Whitehurst County: Washington
LOCATION OF PROJECT: Washington County, off SR 1344, at Newberry Landing, on the
south side of Albemarle Sound near Roper,North Carolina
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 23 May 2005 ✓
FIELD RECOMMENDATION: ATTACHED
CONSISTENCY DETERMINATION:
FIELD REPRESENTATIVE: R. Kelly Spivey DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW: _ e'rn
B) DATE APPLICATION RECEIVED IN RALEIGH:0,01104Q5 FEE REC'D: $400 60IVO
PUBLIC NOTICE REC'D: &tlo 1 105 END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D.
APPLICATION ASSIGNED TO: C/t/C'h ✓ti- ON:
C) 75 DAY DEADLINE: Qg 0 C5 150 DAY DEADLINE: /U-ZO -45
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTIONS: NOTES
COMMENTS YES NO
RETURNED
Coastal Management - Regional representative ,?�7,��; ✓
Coastal Management - LUP Consistency �� � ; ✓
Determination
Division of Community Assistance I o�
Land Quality Section 2�49S ,f
Division of Water Quality �z
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
Division of Environmental Health G (0<
Division of Highways
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries r3�og
Submerged Lands (DMF)
/ �� "I" '70DS 1124cj CP IgIoJ:�X41

Permit # ! 3) — 0-�>
DC,%I Coordinator: P�
MAILING DISTRIBUTION:
11
Permitee: CJaiLVIA Ili 00 �OPMa/�
Agent:
DCM Field Offices:
E 'wn
Mo
US Ar r ngineers(USACE):
Washington- Mike Bell(NCDOT)
B' Biddlecome OT)
aleigh Blan
Wilmington:' Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Earl
Environmental Health: Terry Pierce/
Marine Fisheries: Mike Stree✓
NCDOT: Ken Pac;
Shellfish Sanitation: Patty Fowle�
State Property Office: Joseph Henderson--
--
Water Quality: Cyndi Karoly(for non-DO
o ennessy
;jildl�ifeResourci �1�,�Iariaipp
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(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

MEMORANDUM
TO: Doug Huggett �
FROM: Kelly Spivey �5
DATE: 9 August 2005
SUBJECT: Application for CAMA Major Permit
Graham Whitehurst,
Washington County
Attached are the certified mail green cards for the Graham Whitehurst Major Permit
application. This proposed project is located off SR 1344 at Newberry Landing on the south side of
the Albemarle Sound near Roper in Washington County,North Carolina.
i
F

Re:Graham Whitehurst application
Subject: Re: Graham Whitehurst application
From: Kelly Spivey<[e-mail]>
Date: Tue, 09 Aug 2005 07:34:23 -0400
To: Rich Weaver<[e-mail]>
Rich Weaver wrote:
Thanks Kelly!
Kelly Spivey wrote:
Rich Weaver wrote:
Hey Kelly, when you get a minute, can you email me your comments for the Graham
Whitehurst application? Also, I haven't received a copy of the green cards yet. If you have
a copy of them, could you fax them to me at 252-247-3330. Thanks Kelly and give me a
call if you have any questions.
FRichWeaver, Assistant Major Permits Coordinator
oastal Management
rce Avenue
ity, NC 28557
808 FAX [phone]
Toll Free: 800-912-CAMA
Hello Rich,
I have attached the recommendation for Graham Whitehurst. I have not received the green
cards from Mr. Whitehurst as of yet. I have made contact with him and he is sending them to
me. I will forward them to you when I get them. I will also send the hard copy of the
recommendations.
Kelly
F
er,Assistant Major Permits Coordinator
oastal Management
rce Avenue
ity, NC 28557
808 FAX[phone]
00-912-CAMA
Hello Rich,
I just received the green cards for Graham Whitehurst. One of the adjacent property owners didn't pick
up the certified mail. However, Mr. Whitehurst did provided the envelope with proof of attempted
delivery. I will send you the green cards today. Thanks
Kelly
1 of 1 8/9/05 8:31 AM

A�
. 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
August 5, 2005
Mr. Graham Whitehurst
4500 Norman Road
Portsmouth, VA
Dear Mr. Whitehurst:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to bulkhead and backfill 171' of shoreline, construct a 6' x 48' pier
with (2) 3' x 16' step down platforms with a 16' x 16' "T" head platform at the terminal end of
the pier, and a single pile supported jet ski lift located adjacent the bulkhead in Washington
County adjacent to Albemarle Sound off SR 1344 at Newberry Landing, Roper,NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make October 20, 2005 the new deadline for reaching a decision on
your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone[phone]) or e-mail ([e-mail]).
Very sincerely,
Doug Huggett
Major Permits & Consistency Coordinator
cc: DCM,Morehead City 4
DCM, Washington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

RE: Broughton T. Dail and F.J. Outland
Subject: RE: Broughton T. Dail and F.J. Outland
From: "Bland, Raleigh W SAW" <[e-mail]>
Date: Tue, 2 Aug 2005 09:34:02 -0400
To: "Rich Weaver" <[e-mail]>
Hey Man,
Sorry for the delays, I was out last week and buried with enforcement work this week. Hope these help!
Broughton Dail and FJ Outland AID No. 200511221 NWP No. 3
27June05
Graham Whitehurst AID No. 200511120 General Permit No. 1980000291 2Aug05
Kitty Hawk Landing AID No. 200511219 General Permit No. 1980000291 2Aug05
-----Original Message-----
From: Rich Weaver [mailto:[e-mail]]
Sent: Monday, July 25, 2005 3:30 PM
To: Bland, Raleigh W SAW
Subject: Broughton T. Dail and F.J. Outland
Hey Raleigh, I have one more to had to your list when you get a chance, it is the application
submitted by Broughton T. Dail and F.J. Outland to replace a bulkhead blown out by storms.
Thanks buddy, hope you are doing well.
Rich Weaver, Assistant Major Permits Coordinator
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[phone] FAX [phone]
Toll Free: 800-912-CAMA
<!--[if !supportEmptyParasJ--> <!--[endif]-->
l of 1 8/2/05 9:40 A:

MEMORANDUM
TO: Doug Huggett
FROM: Kelly Spivey�+�S
THROUGH: Terry Moore 71L .am "'
DATE: 20 July 2005
SUBJECT: Application for CAMA Major Permit JUL 2 2 2005
Graham Whitehurst
Washington County Morehead City DM
I have reviewed the application for a CAMA Major Permit submitted to this office by Mr.
Graham Whitehurst for the construct f 171 linear feet of bulkhead, single pile supported jet ski lift,
t6' by±48' pier with 2-f3' by f 16' step-down platforms and a±16' by f 16' T-Head platform on
the terminal end of the pier.
Based on my review of the proposed project with regard to rules found in Subchapter 7H concerning
development in a Public Trust Area, Coastal Shoreline and Estuarine Waters, I recommend the
following conditions.
1 The bulkhead must be constructed prior to any backfilling activities.
2 The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure.
3 The alignment of the authorized bulkhead and riprap must be staked by a representative of
the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by
adverse weather conditions will require the alignment to be restaked by DCM within a
maximum of 30 days prior to the new expected start of construction.
4 All fill material to be placed below mean high/normal water level will be confined behind the
permitted bulkhead.
5. This permit authorizes only the docks,piers,and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other
structure, whether floating or stationary, may become a permanent part of this
marina/docking facility without permit modification. No non-water dependent uses of
structures may be conducted on, in or over public trust waters without permit modification.

W ArF Michael F.Easley,Goveme
toF RQ
\o (� William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
_)
Alan W.Klimek,P.E.Director
Division of Water Quality
Nor
DIVISION OF WATER QUALITY ;
July 14, 2005 JUL 18 20Q�
Mr. Graham Whitehurst � Morehead City DCM
4500 Norman Road eq-
Portsmouth, VA 23703
Subject: Stormwater Review SW7050602
CAMA Major for Whitehurst
Pier and Bulkhead
Washington County
Dear Mr. Whitehurst:
The Washington Regional Office received a copy of your CAMA
Major application for the subject project on June 1, 2005. After
reviewing your proposal, it has been determined that stormwater
runoff from your project should not pose any significant threat to
the adjacent surface waters. 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 2H. 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, Coastal Area Management Act 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.
If you have any questions or need additional information
concerning this matter, please contact me at (252) 948-3919.
SinceerelQ,
William J. M re
Environmental Engineer
Washington Regional Office
cc: ,/Doug Huggett, DCM, Morehead City
Washington Regional Office
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolliina
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�GF WA Michael F.Easley,Governor
William G.Ross Jr.,Secretary
0 North Carolina Department of Environment and Natural Resources
J �
.0 Alan W.Klimek,P.E.Director
Division of Water Quality
July 13, 2005
DWQ Project# 05-0965
1
Washington County
Graham Whitehurst JU
4500 Norman Rd. L 2 2 2005
Portsmouth,VA 23703 ors � � RErPR/PF1
Subject Property: Graham Whitehurst Property'ty DCM JUL 1 9 2005
SR 1344
Roper,NC DIV.OF COAS IAi wxii;t2amuv
RALEIGH
Approval of 401 Water Quality Certification (GC3400)with Additional Conditions
Dear Mr.Whitehurst:
You have our approval, in accordance with the attached conditions,to place fill material within or
otherwise impact 0.089 acres of waters to construct a bulkhead and pier, as described in your application
received by the Division of Water Quality(DWQ)Wetlands/491 Unit on June 1, 2005. After reviewing
your application, we have determined that the Division of Water Quality(DWQ) General Water Quality
Certification Number 3400 covers these water impacts. This Certification allows you to General Permit
No. 198000291 when issued by the US Army Corps of Engineers(USACE). In addition,you should get
or otherwise comply with any other federal, state and local requirements before you go ahead with your
project including(but not limited to) erosion and sediment control regulations and CAMA. 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. 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) 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 Plan Location or Reference
Units
404/CAMA Wetlands 0.089 (acres) DCM-MP-1
One
No
401 Wetlands Certification Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:htti)://h2o.enr.state.nc.us/ncwetlands
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Graham Whitehurst Property
Page 2 of 2
July 13,2005
2. 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/Wetlands Unit,North Carolina Division of Water Quality,
1650 Mail Service Center,Raleigh,NC,27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification(GC)3400.
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.
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 condition$.,are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Alan .Klimek,P. .
AWK/ijm
Enclosures: GC 3400
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 050965GrahamWhitehurst(Washington)401 CAMA

`�A
F4CDENR'
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
To: Doug Huggett, Major Permits Processing Coordinator
From: Fred Landa, DCM Washington District Planner
Date: June 9, 2005
Subject: Major Permit Application,Requested by Graham Whitehurst to bulkhead and backfill
171' of shoreline. The applicant proposes to construct a pier with two step-down
platforms and a T-head platform at the pier terminus. Also proposed is a single pile—
supported jet ski lift to be located adjacent to the bulkhead. The property is located
off SR 1344 at Newberry Landing on the south side of and adjacent to Albemarle
Sound near Roper in Washington County, North Carolina.
LUP Consistency Determination: The proposal is Consistent With &Not In Conflict with
the 1994 Washington County Land Use Plan certified by the CRC on July 29, 1994.
Overview:
The property is located off SR 1344 at Newberry Landing on the south side of and adjacent to
Albemarle Sound near Roper in Washington County. The site is a .5-acre residential lot. The
remnants remain of a bulkhead, all but destroyed by weather events and the elements. The result
has been significant erosion of the shoreline landward of the bulkhead. Adjacent properties on
both downstream and upstream sides are developed lots with bulkheaded shoreline.
The applicant proposes to bulkhead and backfill 171' of shoreline on the same alignment as the
downstream and upstream bulkheads. This alignment will place the bulkhead on average 19'
waterward and a maximum distance of 26' waterward of the normal water level. The applicant
proposes to construct a 6' x 48' pier with two 3' x 16' step-down platforms and a T-head
platform at he terminal end of the pier. Also proposed is a single pile supported jet ski lift to be
located adjacent to the bulkhead.
Anticipated impacts:
Associated impacts to the bulkhead and installation of backfill as proposed will result in the
filling of 3,250 ft2 of sound bottom. The construction of the pier, finger piers, and platforms will
result in the shading of 640 ft2 of sound bottom.
Areas of Environmental Concern (AEC):
400 Commerce Avenue Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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AECs impacted by the proposal include Estuarine Water, Public Trust Area, and Coastal
Shoreline. The Waters at the project site are classified as SB and are closed to the harvesting of
shellfish. The area is not a Primary Nursery Area.
The Washington County Land Classification Map designates the subject property as `Rural' and
the AECs as "Conservation". Development within the designated AECs is limited by CAMA
regulations and development guidelines. Applicable or related policy includes the following:
Estuarine Waters
Management Objectives
To protect public rights for navigation and recreation and to preserve and manage the
public trust areas so as to safeguard and perpetuate their biological, economic and
aesthetic value. (Recommended Planning Policies for Washington County, pg. VIII-5)
• Public Trust Areas
Management Objectives
To protect public rights for navigation and recreation and to preserve and manage the
public trust areas so as to safeguard and perpetuate their biological, economic and
aesthetic value. (Recommended Planning Policies for Washington County,pg. VIII-5)
• 2. Preserve and protect Areas of Environmental Concern (AECs) within Washington
County.
a. Support and complement Coastal Resource commission efforts to protect preserve
and manage Areas of Environmental concern (AECs).
c. Support development in AECs only if such development meets the management
objectives in 15 [sic] NCAC 7H.0203 and use standards in 15 [sic] NCAC 7H.0208
and.0209 (Resource Protection Goals, Objectives and Policies,pg. VIII-6)
Cc: John Thayer, Manager of Planning and Grants

uF W"Si41� r
North Carolina Department of Environment and Natural Resources 9 2005
Division of Coastal Management '"'�f �•,_� .
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: NC Department of Cultural Resources p '
Archives &History Building
FROM: Doug Huggett L
6 fZ�o�
Major Permits Processing Coordinator G�
DATE: 27 May 2005
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Graham Whitehurst "
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±171' of shoreline.
The applicant also proposes to construct a t6' by ±48' pier with 2-f3' by f 16' step-down
platforms with a f 16' by f 16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY Y`— 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 �? � Date 3 "
One
VoCarolina
943 Washington Square Mall,Washington,North Carolina 27889 urally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.nev 24Ot�
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�p4 cunsrq�,,r
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
TO: Joe Henderson
NC Department of Administration
State Property Office
FROM: Doug Huggett DOA S`'.T : F71.„7�7TY OFFICE,-
Major Permits Processing Coordinator --- --- --- ---
DATE: 27 May 2005
SUBJECT: OAMA and Dredge & Fill Application Review
APPLICANT: Graham Whitehurst: .
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill f 171' of shoreline.
The applicant also proposes to construct a±6' by ±48' pier with 2-f3' by f16' step-down
platforms with a f16' by t16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, 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 /( �� Date
One
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 NQtllra!!y
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.net/
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apt C0M741
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
Morehead City L)CM
TO: Patti Fowler
NCDENR ' `r
Division of Environmental Health
FROM: Doug Huggett
Mayor Permits Processing Coordinator
DATE: 27 May 2005
S�;ANITATIO
SUBJECT: CAMA and Dredge&Fill Application Review
APPLICANT: Aham Whitehurst
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±171' of shoreline.
The applicant also proposes to construct a f6' by t48' pier with 2-t3' by t16' step-down
platforms with a f 16' by f 16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, 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. M
Signed o/ � , /��:✓l� Date l - JS� nn M U
Stir-; -'SH SANITATin
ne
VWur111b,
Carolina
943 Washington Square Mall,Washington,North Carolina 27889
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.netl
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woe consae�„�
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
M Vl01ZAN1)t'Vl
TO: Mr. Lee Padrick JON 3 2005
Division of Community AssistanTc
FROM: Doug Huggett Forehead City ®CM
Major Permits Processing Coordinator
DATE: 27 May 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: hurst
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill f 171' of shoreline.
The applicant also proposes to construct a±6' by ±48' pier with 2-±3' by f 16' step-down
platforms with a f16' by t16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, 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 Date 0
None hCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturall
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.nev
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v /
•
J U N - 1 2005
i
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
O: Mr. Mike Street/Preston Pate,Jr.
Director
Division of Marine Fisheries D
FROM: Doug Huggett _
Major Permits Processing Coordinator JUN 9 2005
DATE: 27 May 2005 D M F-H A B I TAT
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Graham Whitehurst
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±171' of shoreline.
The applicant also proposes to construct a f6' by ±48' pier with 2-t3' by f16' step-down
platforms with a ±16' by f16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested. /
REPLY y 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
alwhed comments.
Signed Date (p —3-- D ,
N�one�Carolina
943 Washington Square Mall,Washington,North Carolina 27889 ►uturallff
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.nev
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OF COi.S Tql,
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director Willia ss, Jr.,kept ary
MEMORANDUM
Olz
TO: Mr. Pat McClain/James Simmons
Division of Land Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 27 May 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Gr&mff OC/hitehurst
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±171' of shoreline.
The applicant also proposes to construct a f6' by ±48' pier with 2-t3' by t16' step-down
platforms with a f 16' by f 16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, 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.
�is 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 �j S
NOne Carolina
943 Washington Square Mall,Washington,North Carolina 27889 tura!!1J
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

a
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
TO: Ken Pace
NCDOT
State Construction/Materials Branch
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 27 May 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Graham Whitehurst
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±171' of shoreline.
The applicant also proposes to construct a±6' by ±48' pier with 2-±3' by ±16' step-down
platforms with a ±16' by ±16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, 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.
J� 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 4/I`f10
NorthCarohna
943 Washington Square Mall,Washington,North Carolina 27889 Nattrrallf
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

. of C0`6 F41
\�
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
NIEMORANDU
31 12 v 1 5 2005
TO: Maria Tripp �`L0
NC Wildlife Resources Commission i ;i
!RECEIVED
FROM: Doug Huggett C_J Habib{ Qz)
Major Permits Processing Coordinator �, Ctva4t�►
DATE: 27 May 2005
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Graham Whiteff rst
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±171' of shoreline.
The applicant also proposes to construct a t6' by ±48' pier with 2-±3' by±16' step-down
platforms with a ±16' by ±16' T-head platform at the terminal end of the pier. A single
pile supported jet ski lift is also proposed to be located adjacent the bulkhead.
Please indicate below your position or viewpoint on the proposed project and return this form by
17 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, 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 An'J44 Date
ne
o�Carolina
a
943 Washington Square Mall,Washington,North Carolina 27889 ��awlaillf
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.netl
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

i
RIC
MEMORANDUM JUN 2 2005
TO: Doug Huggett Morehead City DCM
THROUGH: Terry Moore
FROM: Kelly Spivey
DATE: 26 May 2005
SUBJECT: Graham Whitehurst Major Permit Application
Enclosed is a Major Permit application received from Mr. Graham Whitehurst for
development located off SR 1344,at Newberry Landing,on the South side of the Albemarle Sound
near Roper, in Washington County, North Carolina. The applicant is proposing to construct f 171
linear feet of bulkhead, single pile supported jet ski lift,f6'by f48'pier with 2-±3'by f16' step-down
platforms with a 16'by 16'T-Head platform on the terminal end of the pier.

Wre'nITYPe- FEE DCMX DWQ%
14300 16014351 DOOM 1625 6253 (243001602 435100095 2341)
L Private,non-carunenial
develor excavation of kwoWe S250 1 DO%(S250) 0%(SO)
the
wetlands or open water areas
IL Public or corm wcial development
that does not irnvdve the frilling or SM. 100%($aoo) 0°,6(SD)
e=rvafon of any wetlands or open
wateraneas:
IIL For development that involves the
Ming and/or excavation of up to 1
+, acre of wetlands and/or open water ,
areas,determine if At B.C,or D
below applies:
ltl(A� For Private,non-commercial
development If General water QuaT@y MO 100%($250) 0%(SO)
Certification No.3301(see attached)
can be applied:
III(Bk For public or commercial
development H General water Qually SOO 100%(5400)
CerSficaGon No.3301(see attached);
can be applied:
Ill(C� If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff
determined that additional review and S4Do 60%(S240) 40%(S160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
lllp. If General Water Quality
Certification No.3301(see attached) SOO 6D%(S240) 40%($160)
can not be applied
IV. For development that involves
the filling and/or excavation of more $4T5 60%(52F 5) 40%(S190)
than one acre of wetlands and/or
open water areas:

consr4e41�
R 3
v
t
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
27 May 2005
ROANOKE-BEACON
Post Office Box 726
Plymouth, NC 27962
Attention: Legal Advertising Department
Please include the enclosed Notice of Filing in the Public Notice section of the 1 June 2005 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 948-3812.
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
notices, and an original invoice to:
JAYE POOLE
NCDENR
COASTAL MANAGEMENT DIVISION
1638 MAIL SERVICE CENTER
RALEIGH, NC 27699-1638
Thank you.
Sincerely,
Sandra Gordon
Secretary, Division of Coastal Management
c: ' Doug Huggett
Original faxed: ` -L%" �'��� �✓��
Original mailed c' 1 r— one
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 JVatitrally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.net/
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

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 CAMA was received on 23 May 2005. According to the said
application, Graham Whitehurst, applicant, proposes to bulkhead and backfill ±171'of shoreline.
The applicant also proposes to construct a ±6'by ±48'pier with 2-±Yby ±16'step-down
platforms with a ±16'by ±16' T-head platform at the terminal end of the pier. A single pile
supported jet ski lift is also proposed to be located adjacent the bulkhead, at property located in
Washington County, off SR 1344, at Newberry Landing, on the south side of Albemarle Sound
near Roper, in Washington County, North Carolina. A copy of the entire application maybe
examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC
during normal business hours.
Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT DIVISION,
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 16 June 2005 will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review and comment by the
public and state and federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
Please publish on 1 June 2005 in the ROANOKE BEACON for the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL
MANAGEMENT DIVISION.

��consu�
a
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
27 May 2005
Mr. Graham A. Whitehurst
4500 Norman Road
Portsmouth, VA 23703
Dear Mr. Whitehurst:
The Division of Coastal Management hereby acknowledges receipt of an application for State
approval for development of property located in Washington County, off SR 1344, at Newberry
Landing, on the south side of Albemarle Sound near Roper, North Carolina. It was received on 23
May 2005 and appears to be adequate for processing at this time. The projected deadline for making
a decision is 6 August 2005. 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 also serve as your notice of an extended review. However, an additional letter will be
provided on or about the 75th day. Should there be any questions on this procedural change, do not
hesitate to contact me.
N.C.G.S. 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 the 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 the property,
or at a point along the road right-of-way where a private road would lead one into the 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,
R. Kel Spivey, Fiel�resentative
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: Doug Huggett
Terry Moore
None
rthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Vaturall f
Phone:[phone] \ FAX:[phone] \ Internet:www.nccoastalmanagement.neU
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

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COMMENTS
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Sent To �' Sent To
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Street,Apt.No.; 11 c or Po Box No. }
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COMPLETE •
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
X
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑.No
I�oR N P 14�1
� 3. Service Type
❑certified Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7 0 0 5 0 390
(Transfer from service labeQ 0003 9 6 8 3 5389
PS Form 3811,February 2004 Domestrc Return Receipt 102595-02-M-1540
SECTIONSENDER: COMPLETE THIS .MPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse XC� lddressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, (') -
or on the front if space permits. rr
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
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3. Service Type
6ertified Mail ❑Express Mail
❑Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 0390 0003 9683 5372
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540;

BOOK 421 PAGE 157
FILED in Washington County, NC on
Aug 06 2004 0 12:07:13 PM
By: Elaine G. Vann
Rapiator of Dada
Iawd Aug 00 20(1
f 150.004bxlwqlton
Nqrtet��.r.CC.f Cunt
Real L81616 Ldso Tax
Revenue Stamps: $150.00
PREPARED BY: R.ANDREW WOMBLE PIN: 'Ion I•e l- - z�z
ATTORNEY AT LAW Verified on the 0 day of ��� ,2004
P.O.BOX 626 By:
PLYMOUTH,NC 27962
NORTH CAROLINA
WASHINGTON COUNTY
THIS DEED,made and executed this Ct""day of July 2004,by JAMES E.SALYERS,unmarried,
808 Raymond Ct.,Virginia Beach,VA 23464, ("GRANTOR")to GRAHAM A.WHITEHURST,JR.and
wife,BONNIE J.WHITEHURST,4500 Norman Road,Portsmouth VA 23703("GRANTEES");
(The designation of Grantor(s)and Grantee(s)as used herein shall include said parties,their heirs,
successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by
context.)
WITNESSETH:
THAT the said Grantor,for a valuable consideration to him paid by the said Grantees,the receipt of
which is hereby acknowledged,have bargained and sold,and by these presents do grant,bargain,sell and
convey unto the said Grantees,their heirs and assigns,in fee simple,a certain lot,tract or parcel of land located
in Skinnersville Township,Washington County,North Carolina,and more accurately described as follows:
Tract One: BEGINNING at an iron pin in the edge of the waters of the Albemarle Sound,said iron pin
further being located in the northeast corner of the lands of the William Chappell Heirs;and running thence
south 25 degrees 30 minutes east 210 feet to an iron pin;thence running north 59 degrees 30 minutes east 100
feet to an iron pin in the southwest comer of the Capp C.Hettick lot now owned by Kenneth Binder;thence
running along and with the western line of the said Binder lot north 3 degrees east 225 feet to an iron pin in the
edge of the waters of the Albemarle Sound;thence running along and with the various courses of the edge of
said Sound in a westerly direction 174 feet,more or less,to an iron pin the point and place of BEGINNING.
And being the same land described in that certain deed dated October 1, 1957,from James Thomas Twiddy and
wife to J.Whitford Swain,of record in Book 185,page 360,in the office of the Register of Deeds of
Washington County.
Tract Two: BEGINNING at an iron axle located in the southwest corner of a lot or parcel of land now
or once owned by James E.Salyers and wife,described in Deed Book 235,page 132,in the Office of the
Register of Deeds of Washington County,said point of beginning is further located in the northeast line of lands
owned now or formerly by Olivia Freeman and is sho,,vn more particularly on a plat.of survey hereinafter
referred and from the POINT OF BEGINNING so located running thence North 57 degrees 45 minutes 15
seconds East 101.13 feet to an iron pipe;thence running South 31 degrees 23 minutes 0 seconds East 10.90 feet
to an iron rod in the northern edge of a private right of way road;thence running along and with the northern
edge of said private right of way road South 63 degrees 54 minutes 57 seconds West 9.48 feet,South 56 degrees
18 minutes 38 seconds West 45.64 feet,South 47 degrees 45 minutes 49 seconds West 35.74 feet and South 39
degrees 50 minutes 30 seconds West 12.80 feet to an iron rod;thence running North 28 degrees 17 minutes 06
seconds West 21.22 feet to an iron axle,the point and place of BEGINNING containing 1291.6 square feet,
more or less,and being all of a lot or parcel of land containing said square footage as is shown and delineated
` on a plat of survey entitled,"NEWBERRY CORPORATION'dated March 12, 1990,by B.B.White,
xF „" „s..; re ;. ..• , sass ' <e.x ":.` ..

__.-BOOK�9ZI—PAGE.__.TJti
Registered Land Surveyor,a copy of which is filed in the Office of the Register of Deeds of Washington
County in Plat Cabinet 1,Slide 385.
There is also conveyed hereby all right,title and interest of grantor in and to that certain lot or parcel of land
described and conveyed in a deed dated May 11, 1972,from J. Whitford Swain to James E.Salyers and wife,
Juliet Salyers,of record in the Office of the Register of Deeds of Washington County in Deed Book 235,page
132,and specifically the old right of way road which crosses said lot or parcel of land and which formerly
provided access to lands of grantor.
The above-mentioned tracts of land are subject to a line agreement of record in Book 235 Page 130 of the
Washington County Registry.
The above-mentioned tracts of land are also subject to a right of way agreement of record in Book 327 Page 691.
of the Washington County Registry.
The above-mentioned tracts of land are also subject to a right of way agreement of record in Book 347 Page 42
of the Washington County Registry.
The foregoing lot is SUBJECT TO the following:
1) Noncompliance with any local,county,state or federal government laws,ordinances,or
M,
regulations relative to zoning,subdivision,occupancy,use,construction or the development
of the subject property.
2) Recorded and unrecorded rights of ways and easements for public highways and utilities.
3) Ad valorem taxes for the year 2004 and subsequent years.
TO HAVE AND TO HOLD the aforesaid lands and premises,with all privileges and appurtenances
thereto belonging to the said Grantees,their heirs and assigns,in fee absolute forever.
n, And the Grantor covenant with the Grantees,that Grantor are seized of the premises in fee simple,have
the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,excep
as hereinbefore stated,and that Grantor will warrant and defend the title against the lawful claims of all persons
whomsoever except for the exceptions hereinbefore stated.
F'
IN WITNESS WIIEREOF,the Grantor have hereunto set his band and seal,the day and year first
above written.
`13
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