156-05 Tyler, Marjorie M. N. & Powell, William

Permit Class Permit Number
NEW 156-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
VA it
for
X Major Development in an Area of EnvironmenCrt
P
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Marjorie M.N. Tyler and William Powell,446 Batchelor Bay Dr., Windsor,NC 27983
Authorizing development in Bertie County at Albemarle Sound, Batchelor Bay Dr., Merry
Hill , as requested in the permittee's application dated 8/1 f/05. including the
attached worknlan drawiniz (1), dated 8/11/05.
This permit, issued on October 26,2005 , 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the addition of the three single-piling jet
ski lifts, all expressly and specifically set forth in the permit application and attached workplan drawing.
No other structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
a
2) 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.
(See attached sheet 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.
Any maintenance work or project modification not covered
harles S. Jones, Director
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

Marjorie M. N. Tyler and William Powell Permit# 156-05
Page 2 of 2
ADDITIONAL CONDITIONS
3) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
4) sMik maintain the authorized work in good condition and in conformance with the terms
�V s permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
5) This permit authorizes the addition of 3 jet ski lifts to the existing docking facility for a total of 5-slips.
General
6) 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.
7) No vegetated wetlands or surrounding waters shall be excavated or filled, even temporarily.
8) An additional proposal to alter the proposed project, including dredging in an manner, shall require
Y P P P P P j � g g g Y q
review by the Division of Coastal Management in order to determine if permit modification is necessary. ;t
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. k
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 05-1678), which was issued on 9/19/05. :a
:1
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200511909.
.r
s

FqCDENR
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
October 26, 2005
Marjorie M.N. Tyler and William Powell
446 Batchelor Bay Drive
Windsor,NC 27983
Dear Madam and Sir:
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 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,
49m;& v kX "
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: Marjorie M.N. Tyler and William Powell
2. LOCATION OF PROJECT SITE: Bertie County off NC Highway 45 at Batchelor Bay on the south side
of Albemarle Sound near Merry Hill,North Carolina
Photo Index— 1995, 140-1471, D-12 2000, 140-1609, G-18
State Plane Coordinates - X: 2,674,650 Y: 813,400
r r� r -44 r
vvcaw"vc,i �LLauLal1ri%, - Ley �r Lk,.LL
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 16 August 2005
Was Applicant Present—Yes
5. PROCESSING PROCEDURE: Application Received— 19 August 2005
Office—Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan— 1994 Bertie County Land Use Plan
Land Classification From LUP—Conservation
(B) AEC(s) Involved: Estuarine Water and Public Trust Area
(C) Water Dependent: Yes
(D) Intended Use: private
(E) Wastewater Treatment: Existing— Septic Tank
Planned—N/A
(F) Type of Structures: Existing—house, bulkhead, pier,jet ski lift, boathouse
Planned - 3 single pile jet ski lifts
(G) Estimated Annual Rate of Erosion: N/A
(H) Source—N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(404)
±36 ft2
(B)Non-Vegetated Wetlands (lifts)
Sound Bottom
(C) Other (Uplands)
Slope/Grade/Seed
(D) Total Area Disturbed: N/A
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 3 single pile jet ski lifts.

Tyler and Powell
Bertie County
Proiect setting
The project site is located off NC Highway 45 at Batchelor Bay Subdivision on the south side
of the Albemarle Sound near Merry Hill in Bertie County,North Carolina.The proposed project sites
consist of two separate lots, both of which are approximately .5 acre in size, within the Batchelor
Bay subdivision. The separate lots are under the following ownership:
Lot No. 1: Marjorie M.N. Tyler
446 Batchelor Bay Drive
Windsor,North Carolina 27983
Lot No. 2: William L. Powell
448 Batchelor Bay Drive
Windsor,North Carolina 27983
Man-made features on both lots consist of a house and bulkhead. Both lots are mostly
vegetated with lawn grasses and ornamental shrubs. Also located on the property line between the
Tyler and Powell property is a shared pier with a boathouse, platform and single pile jet ski lift.
Currently there are two fixed slips on this shared pier. Both adjacent properties on the downstream
(north) side and upstream (south) side are developed lots, which are of similar vegetation. A
residence and bulkheaded shoreline are located on both properties.The project site is approximately
15 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.
Proiect description
The applicant proposes to install 3 single pile jet ski lifts on the existing pier structure. The
addition of the 3 jet ski lifts will bring the total number of slips to five.
Anticipated impacts
The project will result in localized turbidity as a result of the 3 piles for the jet ski lifts.
Kelly Spivey—25 August 2005

aV,
Form DCM-M7-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or-landMark,
g
1. APPLICANT V~ RM C. — S�ft'
c. Street address r s nd road number
Vr-
a. Landow er. SSG q�lt�c.h�• w LgNa�dwN�v W ,'� .5 � C.. Z"7e183D
Name Mfa or fe, M. N . -T�, �e�
d. Is proposed work within city limits or planning
_� jurisdiction? Yes _X _ No
Address 44Co PA 1 c. Q y- )�Au n✓ e. Name of body of water nearest project (e.g. river,
City 1Udlsdv State N C_ creek, sound, bay)AIf ar SouNca
Zip Z-2987_ Day Phone ZSZ 4�3Z- 154)
Fax
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized 1Agent: I
Name �h/ rl e l r� �1 A r 1��, a. List all development activities you propose (e.g.
hiiildinv a hemp motet marina b,,ikhaaad Tier anal
a- ,Y.,., ...,
��Z $A D� exca ation and/or filling activities.
Address + p ui L, 6 p I ,� �D
Q '
City W 1 N o State
Zip Z 1.9 83 Day Phone ZSZ- 2r:,9 8H4b. Is the proposed activity maintenance of an existing
project, new work, or both? N¢� wc'r ,,_
Fax
c. Will the project be for public, private or commercial
use? _� t2le-iv?V�
N
c. Project name (if any) �L,
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
N07E: Perndt will be issued in name of kumlowner(s), and/or project. If more space is needed, please attach
add'tional pages.to p w r- �, u
project name. W Ct
2. LOCATION OF PROPOSED
PROJECT a
0

MP-1 Form la: Landowner
There are two landowners-existing pier is on the property line.
1. Marjorie M. N. Tyler
446 Batchelor Bay Dr.
Windsor,N.C. 27983
2. William L. Powell
448 Batchelor Bay Dr.
Windsor,N.C. 27983
Location of Proiect
From intersection of NC 17 &NC 45 Bertie County go south on NC 45 for five (5) miles
+. Turn left on Batchelor Bay Drive. Go to 446 Batchelor Bay Drive (9t'house on the
right).
Proiect Narrative
The existing pier has one covered boatlift and one uncovered boatlift currently. The
proposed project is to add three (3)new single poles PWCBoat lifts to existing pier, for a
total of five (5) lifts. Construction will be consistent with accepted construction practice.
Timber poles and the lifts will be hot dip galvanized steel, stainless steel cables with
electric powered motor.
All hardware will be purchased from a manufacture. The pier is used by multiple
families with growing children. The older they get the more they all want to ride at the
same time-we need more lifts.
Authorized Agent MP-1 form lb
Mr. W. Reid Clarke is the authorized agent for this project. Mr. Clarke is the authority to
sign for this permit or any changes to it.

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
1V d T A n A ISM W ATRR �e e 1 llclia t k
CHARACTERISTICS
a. Size of entire tract /J c-r Q_ n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 1J2- Acre, wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
C. Approximate elevation of tract above MHW or Sv,Yac¢. ►-uN o4,�
NWL G
d. Soil type(s) and texture(s) of tract o. Describe xisting drinking water supply source.
W-Lh
e. Vegetation on tract Lcswix ! ynss 4 s hULLer l .
f. Man-made features now on tract ZLAsts , 5. ADDITIONAL INFORMATION
Z (oN4
CANA p1Fq-t Form
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consult the local land use plan.) following items must be submitted:
Conservation Transitional • A copy of the deed (with state application only) or
Developed Community
Rural purer other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
N.4 A 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? /R Yes No
(Attach zoning enntplituca certificate, i(applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/21 by I1" white paper. (Refer to
done for the tract? Yes �_ No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by
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) Other drawings.)` A site or location map is a part of plat

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued ill response to this
anrilication will allow only the development described in
... ' s�.1- 1..-.An..nn d.r
adjacent waierfro�lt (�°ipSriau; .n.=.........-� r-=u the application. "Ile 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 mail. 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.
Name W ►�I e 1 certify that I am authorized to grant, and do in fact,
Address Zoc 5 v_t 9 uv N mq. grant permission to representatives of state and federal
Phone S 5 - Z-7� z35 31 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name C . S A permit application and follow-up monitoring of the
Address ZI G I°- N L project.
Phone 75Co -3434 Z?65 8
1 further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
This is the / ,�,7 day of
• A list of previous state or federal permits issued for ,
work on the project tract. Include permit numbers, Print Name /Yt- I /V. /V. V
permittee, and issuing dates.
Signature
O O IL. r or Authorized Agent
• A check for x250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources
project.
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation aad Fiil Information
application. MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each farm.
10) If the project involves the expenditure of public

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 wA (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 (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes No shorel ine
(i) Number
(ii) Length NfAf. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width (1) _ Commercial _Community �j-Private
N/A(6) Platform(s) Yes No (2) Number
(i) Number (3) Length
(ii) Length (4) Width
(iii)- Width II
(7) Number of slips proposed 2 s - `3 r osed,g. Other (Giv complete des ripnon) p
(8) Proximity of structure to adjacent riparian �T 5 L P, W C�— t
property lines
11
(9) Width of water body I h m �s
(10) Water depth at waterward end of pier at
MLW ot! 3 I
b, Boathouse (including covered lifts)
Commercial Private
Nt
�A ((11)) Length G os� %L'/'/V'
(3) Width Applicant of Project Name
c. Groin (e.g. wood, sheetpile, etc.) signal
NSA (1) Number
(2) Length(s) Date
d. Breakwater (e.g. wood, sheetpile, etc.)
lylA (1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03/95

11.75'--- ----
317' EXISTING COVERED
12.00' BOAT LIFT
2.17' L,I
- 2
} 7
r6:DD'
19.DO'
EXISTING SAIL 8' x 8"-8"
BOAT LIFT ON S PERGOLA
12" x 12" POST 3
2D.op, PROPOSED JET SKI
LIFT ON F" x 8"f+
DECKitvC
POST C3TotAI�
JOIST
ci BEAMJ POS1
PIER POST STRUCTURAL QCTAIL
134..64'
6 x 6 POST AT'.6' OC, 5' SNAN
2" x 6" BEAMS SANDWICH POSTS
3 BOLTS PER JOINT
2" x 6" JOISTS AT 20" OC.
" x 6" BECK BOARDS SECURED WITH
SCREWS
5.00'
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REST AREA
TLNGUL^n0H STATION
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NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS —GIS UNIT
14 COOPERATION WITH
AWCPrl0TATlnW
FEDERAL HIGHWAY ADMINISTRATION
SCALE
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OR IMPORTANT NON-SYSTFM FIGAOS.
MILEAGE NOT SHOW ON FRONTAGE RGAOS. SCALE F,,,ENIARGEMWTS
ROADS SHOW AS OF JAN. 1. 1997.
SHE'!T I OF 2
BERTIE COUNTY 015

DIVISION OF COASTAL MANAGEMENT •�+�::.
APPLICATION TRANSMITTAL AND PROCESSING RECORD A U G 3 1 2005
A) APPLICANT: Marjorie M.N. Tyler& William Powell C ky-'P55 iClt�/ �(;
LOCATION OF PROJECT: Bertie County, off NC Highway 45 at Batchelor Bay on e
south side of Albemarle Sound, near Merry Hill,NC
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 19 August 2005 ✓
FIELD RECOMMENDATION: ATTACHED J
CONSISTENCY DETERMINATION:
FIELD REPRESENTATIVE: R. Kelly Spivey DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW: ! M Qln4 � /
B) DATE APPLICATION RECEIVED IN RAL/EIGH: Ok,3 4 EE REC'D: $250
PUBLIC NOTICE REC'D: J END OF NOTICE 77E:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLIC D TO: V' ��� ON: 5 /fz-3 s
C) 75 DAY DEADLINE: 62jQ5150 DAY DEADLINE:
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
Coastal Management-LUP Consistency /
Determination
Division of Community Assistance ��Z/�
Land Quality Section cl o<
Division of Water Quality � ci -10 v��
Storm Water Management(DWQ) q z3
State Property Office
Division of Archives & History
Division of Environmental Health ('g
Division of Highways j U/ 10
Wildlife Resources Commission K t'Z2 p
Division. of Water Resources
Division of Marine Fisheries o� ,z I
Submerged Lands (DMF)

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Permit# fsG' 0 S
DCM Coordinator: wtouvr
MAILING DISTRIBIIU''TION: Q jl� /`n)s,,r N6,
Permitee: Al�af�`� �y W� yJG�� lo��oi� ^� ✓ W
2 e 3
Agent:
DCM Field Offices:
ft
US Army C f Engineers(USACE):
ashington: Mike Bell(NCDOT)
B' i me(N OT)
Raleigh Blan
Wilmington:' Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Terry Pierce /
Marine Fisheries: Mike StreeR,
C
CDOT: Ken Pace /
ellfish Sanitation: Patty Fowlet�ate Property Office: Joseph Hendersonater uali : Cyndi Karoly,(for non-DOT
Jo Hennessy / ) ,n
ildlife Resources C1 -OF
Maria Trippl/ lY
David Cox(NCDOT) 1
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCNI 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

F W ATF Michael F.Easley,Governor
\Q?O William G.Ross Jr.,Secretary
cq„' North Carolina Department of Environment and Natural Resources
p Alan W.Klimek,P.E.Director
Division of Water Quality
September 21, 2005
Ms. Marjorie M. N.Tyler 1
446 Batchelor Bay Drive 2
Windsor, NC 27983
Subject: CAMA/Stormwater Review SW7050853
3 Single Pole Jet Ski Project
Bertie County
Dear Ms.Tyler:
The Washington Regional Office received a copy of your CAMA application for a proposed Jet Ski lift project
at 446 Batchelor Bay Drive on August 31, 2005. Staff review of the plans and specifications has determined
that the project, as proposed, consists of activities that will not pose surface water quality threats from
stormwater runoff since no significant new impervious area is proposed. The Director has determined that
projects that are reviewed and approved by the Division as not posing water quality threats from stormwater
runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 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)
948-3923.
Sincerely,
fog7K.Thorpe
Environmental Engineer
Washington Regional Office
cc: >Alo ug Huggett, DCM
Washington Regional Office
Central Files
o e
N hCarc
Nahtra,
North Carolina Division of Water Quality Washington Regional Office Phone[phone] FAX[phone] Customer Service
Internet h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

1
J
�0F w A TF9 p Michael F.Easley,Gov
William G.Ross Jr.,S�w
Vj North Carolina Department of Environment and Natural Resources
p Alan W.Klimek,P.E.Director
Division of Water Quality
September 19, 2005
DWQ Project# 05-1678
Bertie County
Ms. Marjorie M.N. Tyler
446 Batchlor Bay Drive RECEIVEF
Windsor, NC 27983
and
Mr. William L. Powell SEP 21 2005
448 Batchlor Bay Drive DIV.OF COMIALWMAGE �t'
Windsor, NC 27983 RAI WH
Subject Property: M. Tyler and W. Powell
Batchlor Bay [030209, 24, B, Sw]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Ms. Tyler and Mr. Powell:
You have our approval, in accordance with the attached conditions, to place fill material within
or otherwise impact 0.000826 acres of non-vegetated wetlands—sound bottom to install a boat
lift as described in your application received by the Division of Water Quality(DWQ) 401
Oversight/Express Review Permitting Unit on August 31, 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 LAMA. 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.
N nehCaroHna
401 Oversight/Express Permitting Unit Yatura!!y
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/l0%Post Consumer Paper

Ms. M.Tyler&Mr. W.Powell
Page 2 of 3
September 19,2005
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification(or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved nits) Plan Location or Reference
Non-vegetated Wetlands 0.000826 (acres) DCM-MP1
—Sound Bottom
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 Oversight/Express Review
Permitting 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 conditions 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 Kyle Barnes in the DWQ Washington Regional Office at 252-946-
6481.
Sincerely,
Alan W. Klimek, P.E.
AW K/ijm

Ms. M. Tyler&Mr.W.Powell
Page 3 of 3
September 19,2005
Enclosures: GC 3490
Certification of Completion
cc: W. Reid Clarke, 442 Batchlor Bay Drive, Windsor, NC 27983
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051678MTyler_WPowell(Bertie)401_CAMA

! 1
7,� 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
MEMORANDUM (9�
TO: Doug Huggett ajor Permits Processing Coordinator
FROM: Fred Lan a, Washington District Planner
DATE: September 7, 2005
RE: Major Permit Application request by Marjorie M. N. Tyler and William Powell. The
applicant proposes to construct three (3) single-pile jet ski lifts. The project site is off
NC Highway 45 at Batchelor Bay within the Batchelor Bay Subdivision on the south
side of Albemarle Sound near Merry Hill in Bertie County,North Carolina.
LUP CONSISTENCY DETERMINATION
The proposal is consistent with and not in conflict with the Bertie County CAMA
Land Use Plan Update 1998 certified by the CRC on September 8, 1999.
PROJECT SUMMARY
The project site is located off NC Highway 45 within the Batchelor Bay Subdivision at
Batchelor Bay on the south side of Albemarle Sound near Merry Hill in Bertie County. The
proposed project site falls along two privately-owned lots within the Batchelor Bay Subdivision,
both of which are approximately 0.5-acre in size. Both lots are developed with single-family
homes and are bulkheaded. Located at the shared property line of the two properties is a shared
pier with a boathouse, platform and single pile jet ski lift. Currently there are two fixed slips on
the shared pier. Adjacent properties on the downstream (northeast) and upstream (southwest)
sides are developed with single-family houses and bulkheaded shorelines.
The applicant proposes to install three (3) single pile jet ski lifts on the existing pier structure.
The addition of the three jet ski lifts will bring the total number of slips to five.
Anticipated impacts:
The project will result in localized turbidity as a result of the three piles for the jet ski lifts.
Areas of Environmental Concern (AEC):
The AECs impacted by the proposal include Estuarine Waters and Public Trust Area. The
Albemarle Sound is classified as SB and is not open to the harvesting of shellfish. The area is
not a Primary Nursery Area.
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

The Bertie County Land Classification Map designates the area encompassing the proposed
project site and the AECs as "Conservation". Applicable or related policy outlined in the Land
Use Plan includes the following:
• "Bertie County officials are very much aware that protection of the estuarine
waters and adjacent estuarine shorelines is of paramount importance to
fishing, both commercially and for recreation. Bertie County recognizes that
certain actions within the estuarine shoreline...could be detrimental to these
sensitive areas, and wishes to protect them.
In order to promote the quality of the estuarine waters, Bertie County
officials will consider land use controls which protect the values of the
estuarine system. Residential, recreational, and commercial uses would also
be controlled within the estuarine shoreline,provided that:
• A significant change of pollution occurring from the development
does not exist.
• Development does not have a significant adverse impact on estuarine
resources.
• Development does not significantly interfere with existing public
rights or access to, or use of, navigable waters or public resources. "
(Estuarine Waters and Estuarine Shorelines (a), pg. 61)
• "Bertie County recognizes that the public has established rights to certain
water areas, and that these public areas also support commercial,
recreational and aesthetic values...Appropriate uses include those which
protect public rights for navigation and recreation...Encouraged uses shall
be those which do not cause an unreasonable detriment to the physical or
biological functions of Public Trust Waters. Such uses as navigational
channels, drainage ditches, bulkheads to prevent erosion, piers, docks,
marinas, and bridges will be encouraged. " (Public Trust Areas (b), pg. 61-
62)
Cc: John Thayer, Manager of Planning and Grants
2

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
CORRECTION MEMORANDUM
TO: G.T. Pittman
Bertie County, LPO
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 30 August 2005
SUBJECT: CAMA Application Review- CORRECTED DUE DATE
APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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 —S/_ wi-
943 Washington Square Mall,Washington,North Carolina 27889 ttcur_;,'�;
a
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanaaement.net/

0 caszAt,,
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley. Govemor Charles S.Jones, Director William G. Ross,Jr., Secretary
G.T. PITTMAN UM
COUNTY OF BERTIE
LOCAL PERMIT OFFICER
TO: PO BOX 530
WINDSOR NC 27983
FROM: Doug Huggett !a'
Major Permits Processing Coordinator �j::
y
DATE: 29 August 2005 �0
SUBJECT: CAMA Application Review
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
31 August 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� 1` �, Date , -Zx�-U
943 Washington Square Mall,Washington,North Carolina 27889eNo"'.rthCarolina
Phone:[phone] FAX:[phone] Internet:www.nocoastalmanaaement.net/ ' '"-turallY

d COULD V
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: Patti Fowler
NCDENR
Division of Environmental Health ---
p � UL�
FROM: Doug Huggett
Major Permits Processing Coordinator AMo n 2005
DATE: 29 August 2005 MiAT10N
SUBJECT: CAMA Application Review.
APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
�e =31 Aug 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 q-;-o-s-
SEP - 8 2005
SHELLFISH SANITATION
943 Washington Square Mall,Washington,North Carolina 27889tal
Carolina
w.n Phone:[phone] FAX:[phone] Internet:wwccoastalmanacement-nett Arrally

NA
t
r
-i

�COASTq
z s
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross,Jr., Secretary
MEMORANDUM 13-.
/FsS F
TO: Mr. Pat McClain/James Simmons
Division of Land Quality S C P 6 Z005
FROM: Doug Huggett M01" head Git Major Permits Processing Coordinator / (;M
DATE: 29 August 2005
SUBJECT: CAMA Application Review
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
31 August 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 c S.
Signed Date
hCa
943 Washington Square Mall,Washington,North Carolina 27889 N�oQ°�`tura ly
d►
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanaaement.nett aura�t'y

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
CORRECTION MEMORANDUM
TO: Mr. Lee Padrick S '` ► •�,
Division of Community Assistanc -} , » , ; ;
4 �f
FROM: Doug Huggett SEP Q 2 2UU5
Major Permits Processing Coordinator
DATE: 30 August 2005 Morehead Qt Y DCM
SUBJECT: CAMA Application Review-CORRECTED DUE DATE
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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.
Signed4p4Z;;�ZvZ"' Date 3i -o J`
943 Washington Square Mall,Washington,North Carolina 27889N�Carolina
w.Phone:[phone] FAX:[phone] Internet:wwncooastalmenaaement.nett ' '""torah.#

• r cF � Ex
• V
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
CORRECTION MEMORANDUM
TO: Preston Pate,Jr./Mike Street .--1
Director f�
Division of Marine Fisheries
AUG 3 1 20;S it 1
FROM: Doug Huggett ..
Major Permits Processing Coordinator D M F-HA B 1 T P�=_I 111
DATE: 30 August 2005 Q E C E V V E
SUBJECT: CAMA Application Review- CORRECTED DUE D SEP — 8 w
APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler& Wil
MF-HABITAT PROTECTION
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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 t/ 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
att hed comments.
Si d Date C?— (O-
943 Washington Square Mall,Washington,North Carolina 27889 tatucr_nA;a
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanaaement.net/

RE
SEp 21 2005
Co�s1�KMAGW' it
rii North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross,Jr., Secretary
CORRECTION MEMORANDUM
Y v(q/► f
Ms. Cyndi Karoly
Env. Biological Supervisor p
Division of Water Quality, Wetlands Unit A U G 3 12005
M: i Dou Hu ett , DENR-WATER Q�AIiTy
Major Permits Processing Coordinator CS�CS7ORZWA ERBRANCH
DATE: 30 August 2005
SUBJECT: CAMA Application Review- CORRECTED DUE DATE
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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.
s office objects to the proposed project for reasons described in the
ched comments.
Signed Date I l�
943 Washington Square Mail,Washington,North Carolina 27889No Carolina
Phone:[phone] FAX:[phone] Intemet:www.ncoosstalmanaaement.neH Wura!!y

COAS
pa
"AUG 2005
�A.W ,
North Carolina Department of Environment and Natural ResoWft:,F%;SZ-0VA'
Division of Coastal Management a(�
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Rene Gledhill-Early
NC Department of Cultural Resources
Archives&History Building
FROM: Doug Huggett
Major Permits Processing CoordinatorI
DATE: 29 August 2005 !�
N� c
SUBJECT: CAMA Application Review
L
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
19V I I 10
i
ase indicate ow your position or viewpoint on the proposed project and return this form by
st 20 . 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.
Date-- � -
Signed -o
943 Washington Square Mall,Washington,North Carolina 27889 taCarolin
Phone:[phone] FAX:[phone] Internet:wwwnccoastalmanaaement.nett uC2;

�COSIq(
s
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
CORRECTION MEMORANDUM
TO: Maria Tripp 0?q 30 31
NC Wildlife Resources Commission3�6-1
FROM: Doug Huggett v' AUG -�
Major Permits Processing Coordinator RE �t�ED 00
DATE: 30 August 2005 llolli,
SUBJECT: CAMA Application Review- CORRECTED DUE
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler&William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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 c_ I ' Date t q
943 Washington Square Mall,Washington,North Carolina 27889 tatuclo$
a
Phone:[phone] FAX:[phone] Internet:www.ncooastalmanaaement.net/

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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
CORRECTION MEMORANDUM
TO: Joe Henderson
NC Department of Administration
State Property Office SEP - 1 2W5
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 30 August 2005
SUBJECT: CAMA Application Review-CORRECTED DUE DATE
APPLICANT: W. Reid Clarke,Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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 V 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 Dated
943 Washington Square Mall,Washington,North Carolina 27889 Carolina
Phone:[phone] FAX-252-948-0478 1 Internet:www.nccoastalmanaaement.net/ IV tllra��y

s '
i1
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross,Jr., Secretary
CORRECTION MEMORANDUM
TO: Ken Pace
NCDOT
State Construction/Materials Branch SEp 7 2005
FROM: Doug Huggett
Major Permits Processing Coordinator DISTRICT II
OFFICE
DATE: 30 August 2005
SUBJECT: CAMA Application Review- CORRECTED DUE DATE
APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler& William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 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
attac comments.
Signed Date 'FA JAZev.�
943 Washington Square Mall,Washington,North Carolina 27889 N�e Carolina
Phone:[phone] FAX:[phone] Internet:www.necoastalmanaaement.net/ NatUralllf

MEMORANDUM
TO: Doug Huggett
FROM: Kelly Spivey
THROUGH: Terry Moore `M
DATE: 25 August 2005
SUBJECT: Application for CAMA Major Permit
Marjorie M.N. Tyler and William L. Powell
Bertie County
I have reviewed the application for a CAMA Major Permit submitted to this office by Mr. W.
Reid Clarke on behalf of Marjorie M.N. Tyler and William Powell for the construction of 3
single pile jet ski lifts on an existing 2 slip shared pier located at 446 and 448 Batchelor Bay
Drive adjacent the Albemarle Sound near Merry Hill in Bertie County,North Carolina.
My review of the project indicates that the proposal will be consistent with the rules found in
Subchapter 7H concerning development in a Public Trust Area.
If the project is permitted, I recommend that in addition to the standard conditions, the
following conditions be included in the permit.
1. The authorized structures and associated activity shall not cause an unacceptable
interference with navigation.
2. This permit authorizes only the structure and use 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 facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over
public trust waters without permit modification.

T7Pa ' FEE DCM% DWQ%
1430D 16014351 D0093 1625 6253 (24300 16D2 43510DD95 2341)
L Private,norKomaaeroal
development that does not involve . S?50 100%(S250) D%(S0)
the filling or excavation of any
wetlands or open water areas
11. Pub6c or conunerdal development .
that does not involve fha!>b'ing or 5400 100%($400) °
eucavafron of any wetlands or open 0,6(SD)
water areas:
III. For development that involves the _
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A H,C.or D
below applies:
ill(A� For Private,non-commercial
development.If General water Quality S250 100%($250) 0%(S0)
Certification No.33D1(see attached)
can be applied:
III(I3k For public or commercial
development,d General water Quality S4D0 100%(S4D0) D°k(So)
Certification No.3301(see attached)
can be applied:
III(Cj If General Water Quardy
Cerf,firafion No.3301(see attached)
could be applied,but DCM staff
determined that additional review and S40D 60%(S240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic fife_
Ill(D). If General Water Quality
Certification No.3301(see attached) S4D0 60%(S240) 40%($160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475 60%(5265) 40%(5190)
than one acre of wetlands and/or
open water areas:

At
AR
1 05� ?lye
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
26 August 2005
BERTIE LEDGER-ADVANCE
Post Office Box 69
Windsor, NC 27983
Attention: Legal Advertising Department
Please include the enclosed Notice of Filing in the Public Notice section of the 31 August 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:
JAYS POOLE
NCDENR
COASTAL MANAGEMENT DIVISION
1638 MAIL SERVICE CENTER
RALEIGH,NC 27699-1638
Thank you.
Sinc ly,
Sandra Gordon
Secretary,Division of Coastal Management
c: Doug Huggett
Original faxed:lJ U�
Original mailed:
ton Square Mall,Washington,North Carolina 27889 Noe Carolina
943 Washington q 9 �t!lrQ�hf
Phone:[phone] l FAX:[phone] Internet www.nccoastalmanaaement.net/

NOTICE OF FILING OF
A PPT TC A TTCIN FOR C A MA MA TOR
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 19 August 2005. According to the said
application, W. Reid Clarke, Authorized Agent for Marjorie M.N. Tyler & William Powell,
applicants,proposes to construct 3 single-pile jet ski lifts in Bertie County, off NC Highway 45 at
Batchelor Bay on the south side of the Albemarle Sound,near Merry Hill,North Carolina.A copy of
the entire application may be 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 25 September 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 31 August 2005 in the BERTIE LEDGER-ADVANCE for the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,COASTAL
MANAGEMENT DIVISION.

COASTA//7
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
29 August 2005
ne .x i:'a rn v......o.ii T,i.o
Ms.Ma-rJ rocNIANT. Tyler .r.446 Batchelor Bay Drive
Windsor,NC 27983
Dear Ms. Tyler and Mr. Powell:
The Division of Coastal Management hereby acknowledges receipt of an application for State
approval for development of property located in Bertie County, off NC Highway 45 at Batchelor
Bay on the south side of Albemarle Sound, near Merry Hill, NC. It was received on 19 August
2005 and appears to be adequate for processing at this time. The projected deadline for making a
decision is 2 November 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. Kelly Spivey,Field Representative
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: Doug Huggett
Terry Moore
943 Washington Square Mall,Washington,North Carolina 27889 �ao e Carolina
Phone:[phone] FAX:[phone] Internet:www.ncooastalmanaaement.net/ 1llPQr'��

f
t
CAMA, PERM11T
II
AP LIE F F11:1
PROJECT:
Sf�s G"vt�L �ysGL1�c
-,3 1 ,IL1GZ4757r
APPLICANT: p�'17� '"' FOR MORE DETAILS CCINTACT
THE WCAL PERMIT OFFICER BELO
r �2�z-

g. �6. v5
Bruce W. Whitley
216 York Rd.
Greenville,N.C. 27858
Re: Adjacent Property Owner Notification
Dear Joseph:
Please find attached application and drawings to the Division of Coastal
Management for adding three (3) single poles PWCBoat lifts to our existing pier.
These are for your review and commit if you wish to. Any objections or concerns
you have about the proposed lifts should be provided in writing to the Division of Coastal
Management, Mr. Terry Moore, 943 Washington Square Mall, Washington,N.C. 27889
within thirty days of receipt of this letter.
Please reference property owner Marjorie M.N. Tyler if you have objections. If
you have no objections or concerns no response is necessary.
Thank you in advance for your cooperation.
Si el,,
o Tyler
Postal _
rviceT
.o CERTIFIED MAIL RECEIPT
r-1 (Domestic Maii only,No Inswance Co
CO C � s A•
fu Postage $ Q 83
o Csrtitied Fee $2.30 0910
0
O Retum Reciept Fee t1.75 1 Postmark
(Endorsement Required) Hero
� Restricted Delivery Fee
r-1 (Endorsement Required)
i•��
Total Postage&Fees � �4•$8 08/17f?005
0 ent To 8 I
3`treeL Apt:j1ro G---•_--!—-_ ------ 1
or PO BarNo..� O .._.•--•
C; .�1.
o �}
t1:State.Z%P+.1 !"-•• =-••-..
�.�►� lA Yq• Z3 83`1

Joseph C. Jordan
216 York Rd.
Greenville,N.C. 27858
Re: Adjacent Property Owner Notification
Dear Joseph:
Please find attached application and drawings to the Division of Coastal
Management for adding three(3) single poles PWCBoat lifts to our existing pier.
These are for your review and commit if you wish to. Any objections or concerns
you have about the proposed lifts should be provided in writing to the Division of Coastal
Management, Mr. Terry Moore, 943 Washington Square Mall, Washington,N.C. 27889
within thirty days of receipt of this letter.
Please reference property owner Marjorie M.N. Tyler if you have objections. If
you have no objections or concerns no response is necessary.
Thank you in advance for your cooperation.
hn Ty e
Postal
RECEIPT
r (Domestic mail only;No insurance coverage Provided)
Ir
6RQVrMEFt 17GIAL
USE
ro
`o Postage $ $0,E3
ru $2.30 0910
o ceroeed Fee 10
Postmark
C3 Return Reclept Fee(Endorsement Required) $1 75 Here
C3 Restricted Delivery Fees
-0 (Endorsement Required)
08117/2005
Total Postage&Fees W
O ent o
7V4
Ji Y.. AWN _ - , -
t, r YorPOBoxNo. Z_ �1p 7.bV- -- .! p - -
Clty;SYete,lJt;r4 -- ` o. N�., I 1°S�
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pp
WK 728 --34t 8 Ift"N."M•M u
PREPARED BY S. R. BURCH, POST OFFICE DRAWER 100, WINDSOR, NORTH
6r CAROLINA 27983
MAIL AFTER RECORDING TO: MARJO M. N. TYLER P. 0. BOX 61, ROXOBEL,
STATE OF STATE OF
STATE OF
RTM ARO INA RTH QgAROhINA NORTH AR0 INA
STATE OF NORTH CAROLINA ALc ,j,r. c � _
xcuc ckkcncb)rQ xc�s �Ik
COUNTY OF BERTI E $30.00 $30.00 $30.00
t; �
- THIS DEED, made this the day of /9�r• / 1996, by and
between J. B. Davenport, III and wife, June W. Davenport, parties of
the first part, and Marjorie M. N. Tyler, whose mailing address is P.
0. Box 61, Roxobel, North Carolina 27872, party of the second part:
WITNESSETH: 'That for and in consideration of the sum of Ten
Dollars and other considerations in hand paid by the party 'of the
second part to the parties of the first part, receipt of which is
hereby acknowledged, the said parties of the first part have
bargained, sold and conveyed and by these presents do bargain, sell
and convey unto the said parties of the second part and her heirs and
assigns, the following described land, to—wit:
That certain lot in Merry Hill Township, Bertie County, North
Carolina, being Lot No. 12 of Batchelors Bay Subdivision as shown on
survey by Clifton L. Brown dated February 3, 1993 duly recorded in
Plat Cabinet A page 1067 Bertie County Public Registry, together with
right of ingress and egress over, across and upon the private road
shown on said survey leading to N. C. Highway 45.
THIS PROPERTY IS SUBJECT to Declaration of Restrictions,
Conditions, Easements, Covenants, Agreements, Liens and Charges of
Restrictive Covenants of the Batchelor Bay Subdivision recorded in
Book 695 page 28 of the Bertie County Public Registry.
TO HAVE AND TO HOLD the aforesaid lands with all rignts and
*' privileges thereunto belonging or in anywise appertaining unto the
said parties of the second part and her heirs and assigns, in fee
s. simple forever. '
= And the said parties of the -first part for themselves, their
r• heirs and personal representatives covenant to and with the said
z
' parties of the second part and her heirs and assigns, that they are
seized of said lands in fee. simple and have a good right to convey the
e;
4 -

728 W821
R same in fee simple; that the said lands are free and clear of all
• encumprances, SAVE AiVV EXCEPTING rights of waysiGi 6"Iiy,tnara uiu
� - public utilities and ad valorem taxes for the year 1994 and subsequent
years, and that they will fcrever warrant and defend the title to the
' same against the lawful claims of all persons whomsoever.
` IN WIT14ESS WHEREOF, the said parties of the first , part have
hereunto set their hands and seals, -this the day and year first above
written.
1
(SEAL)
Z�d. B. Dav ort, III
W0,W.1 G EAL)
'- JdAe W. DavenporX
3,. STATE OF NORTH CAROLINA
COUNTY OF BERTIE
Notary Public, for said county and
state, do hereby 909fy that J. B. Davenport, III, and wife, June W. -
! '= Davenport, this day personally appeared before me and acknowledged the
due execution of the foregoing instrument for the purposes therein
expressed.
Witness my hand and official seal, this the j9'�"' day of
199,6.
�,•�r)1�'..::.;?.y•le. Notary Public
MN
=_RE ) xis /� -Woo/ NORTH WOUNA,BERTIE CENJNtY
The for in ego g cerGfic,teW of
' Gia£rJE�/�ee7yt/00Y�yler,%Naj
is certified t0 be correck Thh
M*UMent' presented for registration and recorded
in the office in Book a`6 Page-�
This.°1.._day of l�
it.. 4 o' lock .
rot

ggoK 7W PA003
PREPARED BY S . R. BURCH, POST OFFICE DRAWER 100 , WINDSOR, NORTH
CAROLINA 27983 r
MAIL AFTER RECORDING TO: WILLIAM L. POWELL II AND WIFE, AGNES B.
POWELL, 1006 POWELL AVENUE, WINDSOR, NC 27983
5'1'H1'r+ Vr ivvniii a.,iiva+�..:_
COUNTY OF BERTIE
t '
THIS DEED, made this the 12th day of February, 1993 , by and
between J. B. Davenport, III and wife, June W. Davenport, parties
of the first part, and William L. Powell II and wife, Agnes B.
?� Powell, whose mailing address is 1006 Powell Avenue, Windsor,
H
(D North Carolina 27983, parties of the second part:
WITNESSETH: That for and in consideration of the sum of Ten
v
Dollars and other considerations in hand paid by the parties of
the second part to the parties of the first part, receipt of
which is hereby acknowledged, the said parties of the first part
y sa
have bargained, sold and conveyed and by these presents do
bargain, sell and convey unto the said parties of the second part
and their heirs and assigns , the following described land, to-
wit:
That certain lot in Merry Hill Township, Bertie County,
,,.
o a __ North Carolina, being Lot No. 13 of Batchelors Bay Subdivision as
µ shown on survey by Clifton L. Brown dated February 3 , 1993 duly
recorded in Plat Cabinet A page 1067 Bertie County Public
Registry, together with right of ingress and egress over, across
x on said survey ..leading to N. C.
and upon the private road shown
- Highway 45 .
.. - --- - THIS PROPERTY IS SUBJECT to Declaration of Restrictions,
Conditions , Easements, Covenants, Agreements , Liens and Charges
p of Restrictive Covenants of the Batchelor Bay Subdivision
off'' 6 recorded in Book 695 page 28 of the Bertie County Public
w < 4ft, Registry.
a
Nr TO HAVE AND TO HOLD the aforesaid lands with all rights and
0
z
privileges thereunto belonging or in anywise appertaining unto
r

y
g�K 700 nrF 70t
the said parties of the second part and their heirs and assigns,
in fee simple forever.
And the said parties of the first part for themselves, their
,. n"14 .,; th I-hA said
heirs and personal representatives covc=ta_t=� 4--- �••� T••-v--
parties of the second part and their heirs and assigns, that they
are seized of said lands in fee simple and have a good right to
convey the same in fee simple; that the said lands are free and
clear of all encumbrances, SAVE AND EXCEPTING rights of ways for
highways and public utilities and advalorem taxes for the year
1993 and subsequent years, and that they will forever warrant and
defend the title to the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals, this the day and year first
above written.
- �• (SEAL)
YJ . B. Davenp nt, III
O�' (SEAL)
Ju a W. Davenport
STATE. OF NORTH CAROLINA
COUNTY OF BERTIE
I otary Public, for said
unty and state, do hereby certify that J. B. Davenport III and
wife, June W.. Davenport, this day personally appeared before me
and acknowledged the due execution of the foregoing instrument
for the purposes therein expressed.

BOOK 700 ArF 705
Witness my hand and official seal , this the/ day of
February, 1993 .
Notary Public
Com-! 'f✓xp.ires- "
�SaKL I rb �deeds2/DavPow,D
NORTH CAROLINA,BFRTIE COUNTY.
The foregoing cartif' ate 00 of
Is fmp)cortMed io he correct.
This instrument was presented for registratia and roccMed
in the office In Book 900
Page ��
This day of 1 D at I- 0 0 -CIO M
Rogister of Deeds
�evi A 9 rM/D�OPuty
1 '